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Health & Welfare Plans Newsletter

September 22, 2021

5 New Job Opportunities


[Official Guidance]

Text of Agency Final Regs: Updating Payment Parameters, Section 1332 Waiver Implementing Regs, and Improving Health Insurance Markets for 2022 and Beyond

308 pages. "This final rule [1] sets forth revised 2022 user fee rates for issuers offering qualified health plans (QHPs) through federally-facilitated Exchanges and State-based Exchanges on the Federal platform; [2] repeals separate billing requirements related to the collection of separate payments for the portion of QHP premiums attributable to coverage for certain abortion services; [3] expands the annual open enrollment period and Navigator duties; [4] implements a new monthly special enrollment period for ... during periods of time during which APTC benefits are available such that certain applicable taxpayers' applicable percentage is set at zero, such as during tax years 2021 and 2022 under [ARPA]; [5] repeals the recent establishment of a Direct Enrollment option for Exchanges; and [6] modifies regulations and policies related to section 1332 waivers."  MORE >>

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]; and Monetary Offices, Department of the Treasury


2022 Onsite Employee Health Clinics Summit (January 20 - 21, 2022; Scottsdale, AZ)

The leading forum on building & expanding On-Site Health Clinics – incorporating strategies that reduce costs, ensure employee satisfaction and positively impact patient behavior! Register now at

Sponsored by World Conference Forum

Tenth Circuit: Hartford Fulfilled Its Obligation to Investigate the Existence of Beneficiaries in ERISA Life Insurance Dispute

"The decedent was shot and killed by an unknown person. He was survived by his parents, his ex-wife, and his children.... The decedent's father submitted an executed Preference Beneficiary Affidavit (PBA) stating that the decedent had no children.... The Tenth Circuit ... held that Hartford did not fail to adequately investigate whether there were other potential beneficiaries when it paid the parents the supplemental life and AD&D benefits.... The court rejected the children's argument that the PBA was not a plan document, and as such, it was unreasonable for Hartford to rely on it. " [Hartford Life and Accident Ins. Co. v. Jones-Atchison, No. 20-6135 (10th Cir. Sep. 20, 2021)]  MORE >>

Roberts Disability Law

Deploying Contribution Tools to Boost HSA Balances

"[W]hereas matching and default contributions are generally accepted as effective tools to help workers increase retirement savings, few employers use the same strategies to help the same workers build a medical emergency fund to pay for qualified medical, dental, vision, and certain premium expenses in the near- or long-term future."  MORE >>


Employers: Check Your Severance Arrangements Now!

"[W]ise employers will make certain that their severance arrangements clearly state whether their COVID-19 Policies are or are not considered a work policy for purposes of the employer's severance arrangements.... [E]mployers that amended their severance arrangements to reflect the ARPA [COBRA] subsidy requirements may need to make additional updates at this time."  MORE >>

Faegre Drinker

Prepare Your Business to Comply With the OSHA Vaccine Mandate

"Once released, it is not clear when the mandate will take effect, but employers may be left with a very tight timeframe to come into compliance.... [A]ction items that employers with one hundred (100) or more employees should consider taking now: [1] Create a vaccination policy.... [2] Prepare to collect vaccination information.... [3] Prepare to roll out mandatory testing.... [4] Consider a mandatory vaccine policy.... [5] Prepare to receive accommodation requests."  MORE >>

Foley & Lardner LLP

ACA Marketplaces to See More Choices, Competition in 2022

"The number of health insurers offering Obamacare plans is expected to increase in 2022 for the fourth year in a row. Analysts said uncertainty around future legislative action and the pandemic will be top-of-mind as insurers begin determining rates for 2023 coverage early next year. About 3 in 10 registered voters say the ACA should be expanded[.]"  MORE >>

Morning Consult

Benefits in General

95% of Employers Feel a Sense of Responsibility for Financial Wellness of Employees

"More than two-in-five employers now offer access to financial advisors (47%), support for developing good financial habits (45%), and access to financial products or services (42%), up from 40%, 39% and 33% in 20202, respectively.... Only 35% of employers offer a high-deductible health plan which would give employees access to a Health Savings Account (HSA). Among eligible employees, the use of HSAs is significant, with 68% of Gen Z and Millennial employee groups contributing to their HSA, 84% of Generation Xers (ages 45-54), and 74% of Baby Boomer and Silent Generation employee groups."  MORE >>

Merrill Lynch

Employee Benefits Jobs

View job as Strategic Relationship Manager
for 401K Generation, Inc. Strategic Relationship Manager

401K Generation, Inc.

Altamonte Springs FL

View job as Strategic Relationship Manager
for 401K Generation, Inc.

View job as Director, Business Development
for National Benefit Services, LLC Director, Business Development

National Benefit Services, LLC

Remote / West Jordan UT

View job as Director, Business Development
for National Benefit Services, LLC

View job as Plan Administration Manager, Defined Benefit Services
for The Retirement Advantage, Inc. (TRA) Plan Administration Manager, Defined Benefit Services

The Retirement Advantage, Inc. (TRA)


View job as AVP - Compliance Counsel (Employee Benefits)
for Gallagher AVP - Compliance Counsel (Employee Benefits)


Midvale UT / Bellevue WA / Boise ID / CA

View job as Retirement Plan Analyst II
for Retirement Plan Solutions, Inc. Retirement Plan Analyst II

Retirement Plan Solutions, Inc.


Selected New Discussions

Self-Insured MEWAs When Subsidiary Is Less Than 80% Owned by a Parent

"My understanding is that, for MEWA definition purposes, the DOL follows the common control rules, including an 80% ownership requirement for a subsidiary, although the Form M-1 filing exemptions apply down to 25% ownership. I also understand that several (or many?) states' laws follow this definition to determine when a MEWA exists that may be subject to state regulation. In other words, a subsidiary owned 70% by a parent would still give rise to a MEWA for DOL and state-law purposes (but would be excused from filing a Form M-1). I'm interested in others' practical experience with how employers address this issue, particularly as a matter of state law with self-insured group health plans."

BenefitsLink Message Boards

Press Releases

Centivo Raises $51 Million as More Employers Seek Affordable, Quality Healthcare for Their Employees


OneDigital Announces Complete Retirement Solution for Small Business


Last Issue's Most Popular Items

COVID Vaccine Premium Incentives and Surcharges


Agencies Propose Extensive Form 5500 Amendments

Groom Law Group

Departments Propose Changes to Form 5500 and Schedules

Thomson Reuters Practical Law

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

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