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Health & Welfare Plans Newsletter

April 7, 2021

2 Jobs Today


[Official Guidance]

Text of DOL Model Notices for COBRA Premium Subsidy

  • Model General Notice and COBRA Continuation Coverage Election Notice: MS Word and PDF
  • Model Notice in Connection with Extended Election Period: MS Word and PDF
  • Model Alternative Notice: MS Word and PDF
  • Model Notice of Expiration of Premium Assistance: MS Word and PDF
  • Summary of COBRA Premium Assistance Provisions under the American Rescue Plan Act of 2021: MS Word and PDF

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

[Official Guidance]

Text of DOL FAQs About COBRA Premium Assistance Under the American Rescue Plan Act of 2021 (PDF)

10 pages. "Set out [in this document are 21 Frequently Asked Questions (FAQs)] regarding implementation of certain provisions of [ARPA], as it applies to [COBRA].... [T]hese FAQs answer questions from stakeholders to help individuals understand the law and benefit from it, as intended. The Department of the Treasury and the [IRS] have reviewed these FAQs, and, concur in the application of the laws under their jurisdiction as set forth in these FAQs."  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

[Guidance Overview]

Show Your Work: Agencies Issue FAQs on Non-Quantitative Treatment Limitation Comparative Analyses

"The Departments will not consider a NQTL comparative analysis which includes only general, conclusory statements regarding compliance to meet the requirements of the MHPAEA and CAA. Instead, detailed written explanations of specific plan terms and practices at issue and the basis for the conclusion that the plan or issuer's NQTLs comply with MHPAEA must be provided."  MORE >>

Benefits BCLP

[Guidance Overview]

Outbreak Period Tolling: Clarification and Considerations

"The DOL stressed the reasonable administration of plans given the ongoing difficulties individuals continue to face during the pandemic and their reliance on access to medical care. In light of this, employers should ... exercise vigilance by notifying individuals before they are denied a benefit."  MORE >>

OneDigital Health and Benefits

[Guidance Overview]

If You Quit, You Might Not Get the COBRA Subsidy

"Does the subsidy only apply to somebody who was terminated or had hours reduced due to COVID-19? ... Does the subsidy apply to an involuntary termination even if the termination was for 'cause' for a clear performance issue? ... Is an employee who loses coverage after a certain number of months on disability or leave of absence, or due to termination after a period of disability or leave, eligible for the subsidy?"  MORE >>

Holland & Hart LLP

[Guidance Overview]

New York's COVID-19 Vaccination Leave Law

"The new law applies to all employers, regardless of size, with New York employees.... The new FAQs clarify several questions about the law but do not offer complete guidance about its implementation.... More guidance is needed on the particulars of notice and proof of vaccination."  MORE >>


[Guidance Overview]

Philadelphia Enacts 2021 Public Health Emergency Leave Ordinance

"Compared to the 2020 PHEL ordinance, the new law significantly changes the amount of paid leave available to some individuals, expands the covered uses for leave, and excludes certain small employers. The new ordinance will remain in effect until expiration of the statewide public health emergency declaration related to the COVID-19 pandemic."  MORE >>


[Guidance Overview]

Exceptional Usefulness and Quality icon California Renews Employee Entitlements to Supplemental Paid Sick Leave for COVID-Related Reasons

"The latest requirements ... became effective March 29, 2021 and apply retroactively to January 1, 2021. [The authors] identify important features of the renewed measures for 2021 and compare them to the entitlements of 2020 [in a chart]."  MORE >>


Sixth Circuit Rules Retiree Healthcare Benefits Claim Is Not Arbitrable

"The Sixth Circuit ... held that a dispute between a union and an employer regarding retiree healthcare benefits was not arbitrable because the issue of retiree healthcare benefits was not encompassed within the collective bargaining agreement's (CBA's) grievance procedures." [United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC v. LLFlex, LLC, No. 19-5464 (6th Cir. Mar. 24, 2021)]  MORE >>


District Court Permanently Enjoins Dallas Paid Sick Leave Ordinance

"On March 31, 2021, a federal district court granted a permanent injunction against the Dallas Paid Sick Leave Ordinance ... Only an appeal to the Fifth Circuit Court of Appeals or an unlikely ruling from the Texas Supreme Court would change the ordinance's defeat." [ESI/Employee Solutions, L.P. v. City of Dallas, No. 19-570 (E.D. Tex. Mar. 31, 2021)]  MORE >>

Seyfarth Shaw LLP

Is Paid Sick Leave Here to Stay?

"Though there is no sign of any permanent federal mandate to provide paid sick leave, more than one dozen states now require some form of paid leave from employers operating within their borders, a trend that shows no signs of slowing."  MORE >>

Ice Miller LLP

Correcting Excess HSA Contributions

"Employers can work with the HSA custodian to return excess contributions made through their payroll, but any other excess contribution will require the employee to take a corrective distribution directly from the HSA custodian."  MORE >>

ABD Insurance & Financial Services

Measuring the Value Healthy Individuals Place on Generous Insurance Coverage of Severe Diseases (PDF)

"Total societal willingness to pay for lung cancer is much higher than conventionally thought, as most healthy individuals are risk-averse and highly value having lung cancer treatments available to them in the future."  MORE >>

Value in Health

Employee Benefits Jobs

View job as Economist
for Employee Benefits Security Administration [EBSA]


Employee Benefits Security Administration [EBSA]

Telecommute / Washington DC

View job as Relationship Manager & Retirement Plan Administrator
for Compass Retirement Consulting Group, Inc. / Compass 360, LLC

Relationship Manager & Retirement Plan Administrator

Compass Retirement Consulting Group, Inc. / Compass 360, LLC

Telecommute / Stratham NH / MA

Press Releases

Fisher Phillips Expands Employee Benefits Capabilities Again in Atlanta

Fisher Phillips

Jackson Lewis Grows Employee Benefits Group With Addition of Alec Nealon

Jackson Lewis LLP

Lockton Expands Pooled Employer Plan Choice for Small Businesses


isolved Announces Most Complete and Comprehensive 401(k) Benefits Offering


Webcasts and Conferences
(Health & Welfare Plans)

Everything (Well, Almost Everything) You Need to Know About the New COBRA Subsidy, Session 1

April 15, 2021 WEBCAST

Thompson Hine LLP

Everything (Well, Almost Everything) You Need to Know About the New COBRA Subsidy, Session 2

April 28, 2021 WEBCAST

Thompson Hine LLP

Last Issue's Most Popular Items

Agencies Emphasize New MHPAEA Compliance Expectations


Identifying Plan Assets in ERISA Health and Welfare Plans

Verrill Dana LLP

Happy National Employee Benefits Day, April 6, 2021!

Jackson Lewis P.C.

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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.

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