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Health & Welfare Plans Newsletter

December 17, 2021

4 New Job Opportunities 4 New Job Opportunities


[Guidance Overview]

ACA Reporting for Controlled Groups

"ALE status is an aggregated count among all members of the controlled group. However, the [Section 4980H(a) penalty] 95% offer calculation is siloed to each specific member, and each member must complete separate ACA reporting via Forms 1094-C and 1095-C."  MORE >>


District Court Rejects FMLA Interference Claim by Employee Quarantined After COVID Exposure

"The court ... agreed that the employee failed to provide sufficient notice of intent to take FMLA leave, and there was no evidence the employer restrained or otherwise interfered with her exercise of FMLA rights. The record showed the employee only generally apprised the employer of her diagnosis and need for quarantine, which the employer approved. But she did not advise the employer that her symptoms were particularly severe, or that she anticipated a lengthy illness." [Nuttall v. Progressive Parma Care Center LLC, No. 20-1266 (N.D. Ohio Dec. 15, 2021)]  MORE >>


Alert (High Risk Issue) icon Fifth Circuit: Increased Contribution Requirement Upon Retirement Is a COBRA Qualifying Event

"[T]he employee experienced a loss of coverage when she retired, because she was no longer eligible to continue her health insurance at the same contribution rate. Rather than paying approximately $200 per month as an employee, the employee was now required to pay $480 per month to continue coverage as a retiree. The change in the contribution level triggered the COBRA qualifying event." [Randolph v. E. Baton Rouge Parish Sch. Sys., No. 21-30022 (5th Cir. Nov. 30, 2021)]  MORE >>

The Wagner Law Group

Employers Strongly Support Pre-Deductible Coverage for Telemedicine (PDF)

"[N]early all (96 percent) employers adopted pre-deductible coverage for telehealth services under the CARES Act. Three-quarters (76 percent) said they prefer to make the provision permanent, while only 20 percent would like the provision to remain temporary."  MORE >>

Employee Benefit Research Institute [EBRI]

Benefits in General

[Official Guidance]

Text of IRS Notice 2022-03: Standard Mileage Rates for 2022 (PDF)

"The standard mileage rate for transportation or travel expenses is 58.5 cents per mile for all miles of business use (business standard mileage rate).... The standard mileage rate is 14 cents per mile for use of an automobile in rendering gratuitous services to a charitable organization under Section 170 ... For purposes of the fleet-average valuation rule in Section 1.61-21(d)(5)(v) and the vehicle cents-per-mile valuation rule in Section 1.61-21(e), the maximum FMV of automobiles (including trucks and vans) first made available to employees in calendar year 2022 is $56,100."  MORE >>

Internal Revenue Service [IRS]

Upcoming Deadline icon Fast-Approaching Deadlines for Employee Benefit Plans

"[1] 401(k) and 403(b) Plans: Hardship distribution amendment ... [2] Cafeteria plans: COVID-19 relief amendment ... [3] Group health plans: transparency disclosures."  MORE >>

Venable LLP

Employee Benefits Jobs

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

Retirement Plan Solutions, Inc.

Remote / Cary NC

View job as Senior Retirement Analyst
for Dunbar, Bender & Zapf, Inc. Senior Retirement Analyst

Dunbar, Bender & Zapf, Inc.

Remote / Pittsburgh PA

View job as 401(k) Strategic Accounts Sr. Account Manager
for Paychex, Inc. 401(k) Strategic Accounts Sr. Account Manager

Paychex, Inc.


View job as Implementation Manager
for Human Interest Implementation Manager

Human Interest

Remote / San Francisco CA

Webcasts and Conferences
(Health & Welfare Plans)

2023 Benefits Forecast with Mercer


Williams Mullen

The Nuts and Bolts of Oregon’s New Paid Family Leave Insurance (PFMLI) Law

January 19, 2022 WEBCAST

Jackson Lewis LLP

Last Issue's Most Popular Items

Group Health Plans Subject to New Prescription Drug and Health Care Spending Reporting Requirements

Foley & Lardner LLP

ERISA Preemption and the Illinois Consumer Coverage Disclosure Act

Foley & Lardner LLP

IRS's Final 2021 ACA Reporting Forms and Instructions Include Important Process Changes

Thomson Reuters / EBIA

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

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