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Health & Welfare Plans Newsletter

June 1, 2021

8 New Job Opportunities


[Guidance Overview]

EEOC Updates COVID-19 Guidance on Vaccination Incentives, Reasonable Accommodation, and Other Issues

"The updated guidance ... cautions employers that they may need to consider the disparate impact that mandatory vaccination policies may have on other protected classes.... [T]he new guidance stands as a warning against implementing a blanket policy excluding unvaccinated employees from the workplace on the basis that they pose a direct threat to the workplace."  MORE >>

Ogletree Deakins

[Guidance Overview]

EEOC Issues Vaccine Guidance for Employers

"[A]lthough the EEOC maintains the distinction it drew in the December guidance between mandatory programs in which an employee receives the vaccine from a third party and those in which the employer administers the vaccine, it slightly restates the standard.... The EEOC makes clear in its updated guidance that documentation concerning proof or confirmation of vaccination is a medical record subject to the strict confidentiality requirements of the ADA."  MORE >>


[Guidance Overview]

EEOC Updates Technical Guidance on COVID-19 with Focus on Vaccine Records and Incentives

"Employers may encourage employees and their family members to receive a vaccination without violating federal EEO laws by [meeting certain conditions] ... Employers may not offer an incentive to an employee in return for an employee's family member receiving a vaccination by the employer or its agent ... [J]ust because mandatory vaccinations do not violate federal EEO laws does not mean that an employer can ignore state and local laws that might be inconsistent or more restrictive."  MORE >>

Morgan Lewis

Sixth Circuit Upholds Denial of Accidental Death Benefits Under 'Substantial Factor' Test

"The case provides an interesting illustration of how to analyze causation under an accidental death policy where an underlying condition directly or indirectly results in a fatal accident." [Duncan v. Minnesota Life Ins. Co., No. 20-3512 (6th Cir. Feb. 10, 2021; unpub.)]  MORE >>

Hinshaw & Culbertson LLP

How to Best Use Your Health Savings Account

14 pages. "[K]ey questions individuals face include: [1] How do I choose between the HSA and getting my employer retirement plan match? [2] Should I use my HSA for annual expenses or invest it for the future? ... [3] How much is a reasonable amount to put into the account? [4] What level of medical expenses should I expect in retirement? [5] In what order should I withdraw money from accounts (HSA, Roth, pretax IRA, taxable, etc.) in retirement?"  MORE >>

T. Rowe Price


American Benefits Council Comment Letter to IRS on Application of Section 4976 to Welfare Plan Surplus Assets

"[The Council requests] that Treasury and the IRS publish official guidance affirming that the 100% excise tax under Internal Revenue Code Section 4976 does not apply to an employer's reallocation or repurposing of surplus welfare benefit fund assets to provide other health and welfare benefits to employees."  MORE >>

American Benefits Council

Employee Benefits Jobs

View job as Defined Contribution Administrator
for Primark Benefits Defined Contribution Administrator

Primark Benefits

Telecommute / Burlingame CA

View job as Defined Contribution Administrator
for Primark Benefits

View job as Plan Document Specialist
for Jocelyn Pension Consulting Plan Document Specialist

Jocelyn Pension Consulting

Telecommute / Boulder CO / San Rafael CA

View job as Plan Document Specialist
for Jocelyn Pension Consulting

View job as Retirement Specialist
for Alerus Retirement Specialist



View job as Pension Analyst
for Definiti Pension Analyst


The Woodlands TX / PA

View job as Client Relationship Manager
for TRA, Inc. Client Relationship Manager

TRA, Inc.


View job as Benefits Determination Supervisor [Retirement Plans]
for Wespath Benefits and Investments Benefits Determination Supervisor [Retirement Plans]

Wespath Benefits and Investments

Glenview IL

View job as Employee Benefits and Executive Compensation Associate Attorney
for Verrill Employee Benefits and Executive Compensation Associate Attorney


Portland ME / Boston MA

View job as Employee Benefits Attorney
for Gallagher Employee Benefits Attorney


FL / GA / MD / NC / SC / VA

Press Releases

Harold Ashner and Linda Rosenzweig Named 2021 Washington, DC, Super Lawyers

Keightley & Ashner LLP

Baker Botts Welcomes Prominent Executive Compensation and Benefits Partner in Dallas

Baker Botts

Last Issue's Most Popular Items

U.S. Healthcare Costs During the COVID-19 Pandemic and Beyond


It's Not the Insurance That's Expensive, It's the Cost of Healthcare


GAO Report: EBSA Enforcement Efforts to Protect Participants' Rights in Employer-Sponsored Retirement and Health Benefit Plans

U.S. Government Accountability Office [GAO]

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

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