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Health & Welfare Plans Newsletter

May 11, 2021

6 New Job Opportunities


[Guidance Overview]

IRS Notice Addresses Taxation of Dependent Care Benefits

"Notice 2021-26 provides three examples to illustrate when amounts carried over or available under an extended claims period are excludable from income[.]"  MORE >>


[Guidance Overview]

IRS Announces 2022 Limits for HSAs, HDHPs and Excepted Benefit HRAs

"Plan sponsors should update payroll and plan administration systems for the 2022 cost-of-living adjustments and incorporate the new limits in relevant participant communications, such as open enrollment and communication materials, plan documents and summary plan descriptions."  MORE >>

McDermott Will & Emery

[Guidance Overview]

Exceptional Usefulness and Quality icon The ARPA COBRA Subsidy: Guidance to Date, and Unanswered Questions (PDF)

"Employers should be prepared to handle claims for this subsidy for COBRA from individuals claiming their termination was involuntary and to address those through the ERISA claim process.... Employers offering coverage that is subject to state-mandated continuation should be certain not to alter the state-mandated deadlines for elections and notifications when they prepare communications about the mandated notice information[.]"  MORE >>

Jackson Walker

[Guidance Overview]

Summary of HHS' Final 2022 Notice of Benefit and Payment Parameters (PDF)

"The notice includes important final rules and parameters for the operation of the individual and small group health insurance markets in 2022 and beyond. This paper summarizes key provisions of the final notice and other related information on forthcoming regulations by HHS."  MORE >>

Wakely Consulting Group

District Court Allows Claims for Transgender Reassignment Benefits Under ACA Section 1557 to Proceed

"[The court] held that a transgender teenager stated a plausible sex discrimination claim in a lawsuit alleging a violation of Section 1557 of the [ACA] by a health plan insurer (acting as claims administrator). The case involved a health plan that categorically excluded coverage for health benefits relating to transgender reassignment surgery." [Pritchard v. Blue Cross Blue Shield of Illinois, No. 20-6145 (W.D. Wash. May 4, 2021)]  MORE >>

Thomson Reuters Practical Law

Third Circuit Enforces Equitable Disgorgement Remedy Against Former Employee Who Violated ERISA Plan's Non-Compete Provision

"The court rejected Wilson's argument that the [incentive investment plan] did not alert him to the disgorgement remedy. The court explained that the issue is whether Wilson knowingly breached an ERISA-governed plan, not whether he knew of the possible penalties of a breach." [Wilson, Jr. v. Aerotek, Inc., No. 20-1678 (3d Cir. May 7, 2021)]  MORE >>

Roberts Disability Law

IRS Announces 2022 Health Savings Account Limits While HSA Assets Soar

"At the end of January, Americans held $82.2 billion in 30 million health savings accounts ... That's a year-over-year increase of 25% for HSA assets and a 6% increase for the number of accounts.... HSAs are the best way to save courtesy of Uncle Sam, with triple tax benefits. You put money in on a taxfree basis (usually through salary deferrals), it builds up tax free (you can invest it), and it comes out taxfree to cover out-of-pocket healthcare expenses."  MORE >>


Virtual Primary Care Buyer's Guide: How to Pick the Right Telehealth Partner

"Anticipating the demand for virtual primary care, telehealth providers nationwide have rushed solutions to market. They all claim the same basic benefits, so how do you choose the right partner in this sea of sameness?"  MORE >>

Watko Benefit Group

An Ounce of Prevention

"[A]lthough most medical preventive measures improve expected health, they do not save money. Various lifestyle and early childhood interventions, however, may both save money and improve health.... [H]ealth insurance coverage for medical preventive measures should generally be more extensive than coverage for the treatment of a medical condition, though full coverage of preventive services is not necessarily optimal."  MORE >>

Joseph P. Newhouse, via Journal of Economic Perspectives, American Economic Association

Navigating State Paid Family and Medical Leave Programs

"More and more states are implementing PFML programs funded by payroll taxes ... [T]he authors address ... eligibility and types of leave, funding, workplace notice, implementing a PFML policy and integrating it into existing policy, documentation and recordkeeping, and responding to leave requests."  MORE >>

Holland & Knight

States Probe Business Practices of Pharmacy Benefit Managers

"States including Ohio, Oklahoma, Georgia, New Mexico, Kansas, Arkansas and Mississippi, as well as the District of Columbia, are scrutinizing PBMs ... Among the companies under scrutiny are units of Centene Corp., UnitedHealth Group Inc. and CVS Health Corp."  MORE >>

The Wall Street Journal; subscription may be required

Employee Benefits Jobs

View job as ESOP Administrator
for Blue Ridge ESOP Associates ESOP Administrator

Blue Ridge ESOP Associates


View job as ESOP Administrator
for Blue Ridge ESOP Associates

View job as Retirement Plan Administrator
for Whitney Pension Associates, Inc. Retirement Plan Administrator

Whitney Pension Associates, Inc.

Quechee VT

View job as Inside Sales Specialist - Retirement - 401k
for Newport Inside Sales Specialist - Retirement - 401k


Charlotte NC

View job as 401k Documents Consultant
for Newport 401k Documents Consultant


Dallas TX

View job as Program Analyst: Multiemployer Plans Assistance, More
for Pension Benefit Guaranty Corporation [PBGC] Program Analyst: Multiemployer Plans Assistance, More

Pension Benefit Guaranty Corporation [PBGC]

Telecommute / Washington DC

View job as Tax Manager - Employee Benefits Group
for EisnerAmper LLP Tax Manager - Employee Benefits Group

EisnerAmper LLP

New York NY / NJ / PA

Selected New Discussions

Can a Legally Separated Spouse Be Denied Healthcare Coverage?

"I can't say I know what it means to be 'legally separated' as opposed to simply separated or divorced, but can medical benefits be denied to a legally separated spouse?"

BenefitsLink Message Boards

Press Releases

FisherBroyles Welcomes Kyle Flaherty in New York

Fisher Broyles

Experienced In-House Counsel Joins Maynard Cooper & Gale

Maynard Cooper & Gale

Centivo Named by BHCG as Health Plan Offering for Employers in Eastern Wisconsin


Webcasts and Conferences
(Health & Welfare Plans)

COBRA Subsidies Under the American Rescue Plan

May 19, 2021 WEBCAST

Lorman Education Services

Evaluating Your Third-Party Administrator: Are You Getting What You're Paying For?

May 26, 2021 WEBCAST

Lorman Education Services

Defined Contribution Health Plan Update

June 23, 2021 WEBCAST

Lorman Education Services

Last Issue's Most Popular Items

Text of IRS Rev. Proc. 2021-25: 2022 Inflation-Adjusted Amounts for HSAs, High-Deductible Health Plans, and Excepted Benefit Health Reimbursement Arrangements (PDF)

Internal Revenue Service [IRS]

Health & Welfare Benefits Update, May 2021 (PDF)

Alston & Bird

Text of IRS Notice 2021-26: Taxation of Dependent Care Benefits Available Pursuant to an Extended Claims Period or Carryover (PDF)

Internal Revenue Service [IRS]

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

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