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Health & Welfare Plans Newsletter

March 8, 2022

9 New Job Opportunities 9 New Job Opportunities


[Guidance Overview]

Exceptional Usefulness and Quality icon CRS Report on Health Reimbursement Arrangements: Overview and Related History

29 pages. "This report briefly summarizes each kind of HRA, highlighting key aspects regarding eligibility and insurance coverage requirements, contributions, distributions, and the treatment of unused balances for each arrangement. It also provides a side- by-side comparison table of the different kinds of HRAs. The report concludes with an Appendix that describes the history of HRAs and contextualizes certain HRA rules." [R47041, Mar. 7, 2022]  MORE >>

Congressional Research Service [CRS]

[Guidance Overview]

Exceptional Usefulness and Quality icon 2022 Compliance Calendar for Group Health Plans

"This updated compliance resource explains key 2022 compliance deadlines for employer-sponsored group health plans. It also outlines group health plan notices that employers must provide each year."  MORE >>


Fourth Circuit: Administrator's Failure to Respond to Claimant's Request for Information Demonstrated Futility of Appealing

"[T]he Fourth Circuit found that by not producing any documents, and indeed failing to respond at all, United 'violated its fiduciary obligations under ERISA and the Plan,' 'impeded the appeal process,' and put plaintiff 'at a distinct disadvantage in understanding how to proceed.' Thus, plaintiff properly concluded that United was uninterested in complying with plan procedures, and that following through with an appeal would be futile." [Wilson v. UnitedHealthcare Ins. Co., No. 20-2044 (4th Cir. Feb. 24, 2022)]  MORE >>

Kantor & Kantor

Alert (High Risk Issue) icon Yale Reaches $1.3 Million Deal in Wellness Plan Bias Suit

"The deal ... will require Yale to stop collecting the $25 fee from workers who opted out of its Health Expectations Program.... [T]he settlement will bar a business associate of the university from sending data to Yale's plan vendor for purposes of health coaching without employee consent. The university will also instruct the vendor to purge data related to prior health coaching engagements from its records." [Kwesell v. Yale Univ., No. 19-01098 (D. Conn. motion for preliminary settlement approval Mar. 4, 2022)]  MORE >>

Bloomberg Law

One Social Worker Worked Nights to Get Fertility Benefits

"Roughly 1 in 8 couples, or 7.4 million people, struggle with infertility ... But in many cases, employer-sponsored health insurance and benefits don't offer comprehensive fertility coverage. Employees find themselves struggling to pay out of pocket for expensive procedures, such as IVF, which can cost upwards of $16,000 per cycle."  MORE >>


Benefits in General

[Official Guidance]

Text of DOL Proposed Regs and Comment Request: New Procedures for the Filing and Processing of Prohibited Transaction Exemption Applications (PDF)

121 pages. "This document gives notice of a proposed rule that, if adopted, would supersede the [DOL's] existing procedure governing the filing and processing of applications for administrative exemptions from the prohibited transaction provisions of [ERISA], the Internal Revenue Code of 1986, and the Federal Employees' Retirement System Act of 1986 (FERSA)."

From the DOL press release:

"The Proposed Exemption Procedure Regulation would promote the department's prompt and efficient consideration of all exemption applications by, among other things:

  • Clarifying the types of information and documentation required to complete an application.
  • Revising the definitions of a qualified independent fiduciary and qualified independent appraiser to ensure their independence.
  • Clarifying the content of specific reports and documents applicants must submit to ensure that the department receives sufficient information to make the requisite findings under ERISA Section 408(a) to issue an exemption.
  • Updating various timing requirements to ensure clarity in the application review process.
  • Specifying items that are included in the administrative record for an application and when the administrative record is available for public inspection.
  • Expanding opportunities for applicants to submit information to the department electronically."


Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Employee Benefits Jobs

View job as Implementation Specialist
for The Nation's Best TPA Firm Implementation Specialist

The Nation's Best TPA Firm

Remote / Oklahoma City OK

View job as Implementation Specialist
for The Nation's Best TPA Firm

View job as Retirement Plan Administrator
for Retirement Solutions Specialists, LLC Retirement Plan Administrator

Retirement Solutions Specialists, LLC


View job as Retirement Plan Administrator
for Retirement Solutions Specialists, LLC

View job as ERISA Attorney
for DeWitt LLP ERISA Attorney

DeWitt LLP

Brookfield WI / Madison WI

View job as ERISA Attorney
for DeWitt LLP

View job as Cash Balance Plan Actuarial Associate
for Cash Balance Actuaries, LLC Cash Balance Plan Actuarial Associate

Cash Balance Actuaries, LLC


View job as Accountant
for ERISA Services, Inc. Accountant

ERISA Services, Inc.

Knoxville TN

View job as Plan Administrator
for Western Mass 401k TPA Plan Administrator

Western Mass 401k TPA

Remote / Southwick MA

View job as Sr Participant Services Analyst
for BlueStar Retirement Services Inc. Sr Participant Services Analyst

BlueStar Retirement Services Inc.

Remote / Ponte Vedra Beach FL

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

Dunbar, Bender & Zapf, Inc.

Remote / Pittsburgh PA

View job as Financial Assistant (Pathways Intern)
for Pension Benefit Guaranty Corporation [PBGC] Financial Assistant (Pathways Intern)

Pension Benefit Guaranty Corporation [PBGC]

Remote / Washington DC

Press Releases

TRA Continues to Expand to Support Growth

The Retirement Advantage [TRA]

Last Issue's Most Popular Items

How to Shoot Yourself in the Foot with Your SPD

Verrill Dana LLP

Health Plan Transparency and the Case for Welfare Plan Fiduciary Committees


How Does the No Surprises Act Impact Telemedicine Providers?

Foley & Lardner LLP

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

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