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Health & Welfare Plans Newsletter
February 22, 2021
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[Guidance Overview]
One-Year Expiration of Outbreak Period: It's (Probably) Time to Pay Your COBRA Premiums
"[T]he relief afforded under these rules will expire effective February 28, 2021 -- and this expiration would be a 'hard stop,' meaning there will not be a 60 day 'wind down' period as anticipated in the original guidance.... The DOL seems more open to seeking avenues to further extend the Outbreak Period.... The IRS is less keen on issuing any sort of extension." MORE >>
Seyfarth
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[Guidance Overview]
Extended Deadlines Ending for COBRA, HIPAA Special Enrollments, Benefits Claims and Appeals
"[T]he IRS and DOL may attempt to reinterpret the Outbreak Period relief, such as by saying that it applies on a participant-by-participant basis.... If employers did not communicate the impending February 28, 2021 Outbreak Period expiration, they should make sure they do so now." MORE >>
HUB International
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[Guidance Overview]
IRS Releases Guidance on FSA Flexibility Under the CAA
"Notice 2021-15 allows retroactive amendments to health FSAs and HRAs to cover OTC medicines and drugs, and menstrual care products as of January 1, 2020.... Notice 2021-15 also clarifies that the spend down feature under a health FSA does not relieve the employer of its requirement to offer COBRA continuation coverage under the health FSA." MORE >>
Miller Johnson
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[Guidance Overview]
FSA Issues Resolved in New IRS Guidance
"[I]ssues addressed by the IRS in [Notice 2021-15]: ... [1] Carryover amounts do not affect FSA contribution limits ... [2] HSA eligibility ... [3] Limiting health FSA spend down access to YTD contributions ... [4] Prospective election change relief not limited to FSAs ... [5] Limiting election reductions to amounts already reimbursed ... [6] Cafeteria plan retroactive amendment deadline ... [7] The odd dependent care FSA age limit increase to age 14 in 2020 ... [8] Employer-imposed restrictions on relief permitted." MORE >>
ABD Insurance & Financial Services
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New Format for BenefitsLink Newsletters -- Better View on Smartphones
"If you're using a smartphone to read these newsletters, our new format means you'll see the text in a larger size, and you won't need to turn your phone sideways! (People are using smartphones more and more -- who knew?) If you have any trouble with the new format or you have any comments, contact us. Thanks!" MORE >>
BenefitsLink
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Navigating Voluntary COVID-19 Vaccination Programs and Incentives
"Armed with the understanding that voluntary vaccination programs are generally permissible provided they are truly voluntary, the question arises: can employers affirmatively incentivize employees to become vaccinated? And if so, how do employers design incentives that ensure their vaccination program remains truly voluntary and does not in effect force participation in potential violation of the anti-discrimination laws?" MORE >>
Mintz
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In Control: Common Ownership and Employee Benefits
"Whether or not entities are part of a controlled group can have wide-ranging benefits implications.... The Affordable Care Act ... COBRA ... Non-discrimination rules ... Medicare secondary payer rules." MORE >>
HUB International
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Benefits in General |
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Making Sure It Hurts: Increased Penalties for ERISA Violations
"The increased penalties generally apply to reporting and disclosure failures if the penalty is assessed after January 15, 2021, and if the violation occurred after November 2, 2015. [A table] compares penalty amounts assessed for violations after January 15, 2020, through January 15, 2021, to penalty amounts assessed after January 15, 2021." MORE >>
McDermott Will & Emery
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Employee Benefits Jobs |
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Press Releases |
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IRI Announces New Board Chair
Insured Retirement Institute [IRI]
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Fisher Phillips Adds Employee Benefits Associate in Atlanta
Fisher Phillips
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Newly Posted Webcasts and Conferences |
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COVID-19 Legislative Update: Retirement, Health and Tax Provisions in Budget Reconciliation Bill
February 25, 2021 WEBCAST
Groom Law Group
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ERISA Covered Health and Welfare Plan Administration: Compliance, Fiduciary Liability, DOL Enforcement Actions
April 14, 2021 WEBCAST
Strafford
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Last Issue's Most Popular Items |
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Do the COBRA and HIPAA Outbreak Periods End on February 28, 2021?
Kushner & Company
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Proposed COVID-19 Plan Would Subsidize COBRA Coverage Through Sept. 2021
Watko Benefit Group
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How to Prepare for a Unified Benefits Plan During a Merger and Acquisition
Tango Health
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Copyright 2021 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.
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