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Health & Welfare Plans Newsletter

August 19, 2022

5 New Job Opportunities 5 New Job Opportunities


[Guidance Overview]

Inflation Reduction Act Indirectly Impacts Employer-Sponsored Group Health Plans

"[E]xpanded eligibility for the [premium tax credits] could increase penalty exposure for ALEs that do not offer affordable, minimum-value coverage to all full-time employees.... [T]he improvement to Medicare Part D drug coverage may affect the analysis of whether employer-sponsored prescription drug coverage is 'creditable,' i.e., at least as good as standard Part D prescription drug coverage."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

Will the Inflation Reduction Act Impact Your Health Plan?

"For plan years beginning after December 31, 2022, the Act provides a safe harbor that permits plans not to lose their high deductible health plan (HDHP) status because the plan covers certain insulin products before the individual meets the plan's deductible."  MORE >>


[Guidance Overview]

Philadelphia Employers Must Provide Commuter Benefits Beginning in 2023

"Beginning in 2023, Philadelphia employers with 50 or more eligible employees must offer qualified workers a commuter benefit to help offset both mass transit and commuting-by-bicycle expenses."  MORE >>


[Guidance Overview]

Upcoming Deadline icon Medicare Part D Notice Deadline is October 15

"The notice only has to be provided once in every 12 month period ending on October 14, so even if an employer provides it earlier in the year (for example, because they have a renewal date early in the year), they would not need to provide the same notice again later that year.... In addition to providing this notice to employees, employers/plan sponsors also have to notify CMS of the status of their prescription drug plan."  MORE >>

HUB International

Employee-Paid LTD Policy Cannot Be Severed from Employer's ERISA Plan

"The court explained that 'employee-funded disability benefits are not severable from employer-funded insurance plans' for purposes of evaluating ERISA's applicability -- particularly when the employer 'actively engaged in selecting both the employer-funded and employee-funded policies that comprise a benefits package.' " [Duncan v. Unum Life Ins. Co. of Am., No. 20-600 (M.D. Tenn. Jul. 18, 2022)]  MORE >>

Thomson Reuters / EBIA

McDonald’s Settles Lawsuit Over Deficient COBRA Notices

"[T]he plaintiffs claimed that McDonald's unlawfully omitted required information from its COBRA notices and provided only some details haphazardly across several letters. The company did not use the [DOL's] model COBRA notice." [Johnson v. McDonald's Corp., No. 21-42339 (S.D. Fla. notice of settlement filed Jul. 12, 2022)]  MORE >>

Society for Human Resource Management [SHRM]; membership may be required to view article

Michigan’s Earned Sick Time Act of 2018 To Be Reinstated in 2023

"The Michigan Court of Claims issued a decision that rendered the current version of Michigan's paid sick leave law unconstitutional and reinstated the 2018 version of the law. Currently, the 2018 version of the law is scheduled to go into effect on February 20, 2023." [Mothering Justice v. Nessel, No. 21-000095 (Mich. Ct. Cl. Jul. 19, 2022)]  MORE >>

Seyfarth Shaw LLP

District Court Upholds Constitutionality of 'No Surprises Act'

"On August 10, 2022, a federal district court upheld the No Surprises Act (NSA) against a challenge brought by a New York surgeon who argued that major parts of the law were unconstitutional.... This article summarizes this decision -- the third ruling in NSA-related litigation[.]" [Haller v. HHS, No. 21-7208 (E.D.N.Y. Aug. 10, 2022)]  MORE >>

Health Affairs

Benefits in General

[Guidance Overview]

IRS 2021-2022 Priority Guidance Plan: 4th Quarter Update (PDF)

35 pages.  Employee Benefits items begin on page 3.  MORE >>

Internal Revenue Service [IRS]

What Employment Lawyers Should Know About ERISA

"This article will endeavor to provide a practical overview of ERISA, followed by some pointers for how to spot and address ERISA problems that commonly arise in the employment law context.... [1] ERISA: A brief overview ... [2] ERISA's requirement of a 'full and fair review' ... [3] Common ERISA mistakes employment lawyers make."  MORE >>

DeBofsky Sherman Casciari Reynolds P.C.

Employee Benefits Jobs

View job as Retirement Plan Administrator
          for Premier Plan Consultants Retirement Plan Administrator

Premier Plan Consultants

Remote / San Diego CA

View job as Retirement Plan Administrator
          for Premier Plan Consultants

View job as Employee Benefits Consultant
          for ORBA Employee Benefits Consultant


Remote / Chicago IL

View job as Employee Benefits Consultant
          for ORBA

View job as Healthcare Actuarial Consultant
          for BPAS Healthcare Actuarial Consultant


Remote / Syracuse NY

View job as Healthcare Actuarial Consultant
          for BPAS

View job as Retirement/ERISA 401(k) - Relationship Manager I
          for National Benefit Services Retirement/ERISA 401(k) - Relationship Manager I

National Benefit Services

Remote / West Jordan UT

View job as Retirement/ERISA 401(k) - Relationship Manager I
          for National Benefit Services

View job as Retirement Consultant for Non-Qualified Plans
          for Newport, an Ascensus Company Retirement Consultant for Non-Qualified Plans

Newport, an Ascensus Company

Remote / Lake Mary FL

View job as Retirement Consultant for Non-Qualified Plans
          for Newport, an Ascensus Company

Press Releases

Co-Founding Partner Rob Butterfield to Be Recognized in 2023 Edition of the Best Lawyers in America©

Butterfield Schechter LLP

21 Groom Attorneys Named Among The Best Lawyers in America 2023

Groom Law Group

Lincoln Financial Announces the Launch of Stadion Money Management's Storyline Dynamic, a Qualified Default Investment Alternative Solution

Lincoln Financial Group

As Temperatures and Job Market Heat Up, Small Businesses Offered Incentives to Set Up New 401(k) Plans Before October 1 Safe Harbor Deadline

Sharebuilder 401k

Levine Leichtman Capital Partners Portfolio Company Blue Ridge ESOP Associates Acquires Tax Benefits Plan Services Business of Crowe

Blue Ridge ESOP Associates

Last Issue's Most Popular Items

2023 Open Enrollment Compliance Checklist


Employers May Have to Pay More in 2023 as Affordability Threshold Hits New Low


Two Recent Cases Provide Important ERISA Reminders

Foley & Lardner LLP

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

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