[Official Guidance]

Text of IRS Rev. Proc. 2021-36: Adjustments to ACA Applicable Percentage Table and Required Contribution Percentage for Calendar Year 2022

"This revenue procedure provides the applicable percentage table (Applicable Percentage Table) in Section 36B(b)(3)(A) of the Internal Revenue Code (Code) for taxable years beginning in calendar year 2022. This table is used to calculate an individual's premium tax credit under Section 36B. This revenue procedure also provides the indexing adjustment for the required contribution percentage (Required Contribution Percentage) in Section 36B(c)(2)(C)(i)(II) for plan years beginning in calendar year 2022. This percentage is used to determine whether an individual is eligible for affordable employer-sponsored minimum essential coverage."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

How the 2022 ACA Affordability Decrease Affects Employers

"The IRS has announced that ACA affordability percentage will decrease from 9.83% in 2021 to 9.61% in 2022.... Employers offering a medical plan option in 2022 that costs employees no more than $103.14 per month for employee-only coverage will automatically meet the ACA affordability standard.... Employers that do not offer a medical plan option meeting the 2022 federal poverty line affordability safe harbor ... should generally utilize the rate of pay affordability safe harbor."  MORE >>

Newfront

[Guidance Overview]

Missouri Enacts Law to Provide Unpaid Leave for Victims of Domestic or Sexual Violence

"Effective on August 28, 2021 ... Missouri employers with at least 20 or more employees must provide unpaid leave to employees who are either: [1] A victim of domestic or sexual violence; or [2] A family or household member of a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence."  MORE >>

Husch Blackwell

[Guidance Overview]

San Francisco Increases HCSO Rates, Clarifies Coverage of Teleworkers

"The 2022 expenditure rates for employers with at least 100 employees climbed to $3.30 per hour worked in the city (up from $3.18 for 2021), and $2.20 per hour for employers with 20-99 employers (up from $2.12).... [T]he city amended the HCSO to extend HCSO coverage to teleworkers whose primary or typical work site is located in the city, but who must telework outside the city due to a city health order restricting on-site work or recommending telework."  MORE >>

Lockton

[Guidance Overview]

Affordable Percentage Will Shrink for Employer Health Coverage in 2022

"This will mark the first time that the [federal poverty level (FPL)] safe-harbor dollar amount has decreased for calendar-year plans (down from $104.53 in 2021). As a result, employers that use this safe harbor will need to reduce the employee contribution for the lowest-cost, self-only option for the 2022 plan year. The same is possible for noncalendar-year plans beginning in 2022, depending on the 2022 FPL amounts issued in January or February 2022."  MORE >>

Mercer

Can Your Company Institute a Premium Surcharge for Unvaccinated Health Plan Participants?

"[Y]ou would have to use the premium plus the surcharge when determining affordability even for those vaccinated employees who actually paid the lower amount. Many employers already struggle to offer an 'affordable' plan, so for them a surcharge may not be practical given increased exposure to ACA penalties."  MORE >>

Graydon

As Employers Weigh Retiree Benefit Options, Employer Group Waiver Plans Gain Steam

"Of the roughly 27.7 million [Medicare Advantage] enrollees as of August 2021, about 18% (or nearly 5 million) are enrolled in an [Employer Group Waiver Plan (EGWP)]... Approximately 80 carriers across the U.S. offer 952 such plans, more than three-quarters of which are PPOs and nearly two-thirds of which feature a Part D benefit."  MORE >>

AISHealth

Employee Benefit Plan Audits Set for Major Changes, More Transparency

"Communications with management and those charged with governance will be more substantial and robust. The auditor's report will be more comprehensive and clearer. And practitioners will no longer issue a disclaimer when management elects to have an audit performed pursuant to ERISA Section 103(a)(3)(C)."  MORE >>

Journal of Accountancy

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DOL Obtains Judgment After Investigation Finds Appleton Company Failed to Forward Employee Contributions to Retirement Plan

U.S. Department of Labor [DOL]

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COVID-19 Vaccination Incentives and Surcharges: Compliance Considerations

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NFP Corp.

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Using Wellness Programs to Incentivize COVID-19 Vaccinations

Nelson Mullins

It's Not Over 'Til It's Over: The COBRA Premium Subsidy Is Ending

Ogletree Deakins

Should You Join a Benefits Captive If You're Already Self-Funded?

Newfront