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Health & Welfare Plans Newsletter

October 25, 2022

2 New Job Opportunities 2 New Job Opportunities


[Guidance Overview]

Oregon Employment Department Releases Model Notice Poster for Paid Leave Oregon

"The notice informs employees about their rights under the program and what is required of them if they take paid leave under the program. Employers must post this notice poster at each worksite and share it electronically or by mail with any remote workers no later than January 1, 2023."  MORE >>

Ogletree Deakins


EnsuredCompliance® Plan Documents & Non-Discrimination Testing

Streamline Plan Documents, Compliance & Non-Discrimination Testing in One Place. Transition from tedious templates to auto-generated, customized & fully ensured benefit documents & non-discrimination tests. Compliance made simple. Guaranteed.

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[Guidance Overview]

Oregon and Washington Issue Joint Letter Providing Guidance on Paid Family Leave

"As Oregon employers prepare for the implementation of paid family leave, questions have arisen regarding remote workers residing out of state or employees working across state lines.... [T]he Oregon Employment Department and the Washington Employment Security Department recently released a joint letter providing some guidance[.]"  MORE >>

Ogletree Deakins

[Guidance Overview]

DOL Provides Guidance on FMLA Leave for Mental Health Conditions

"Earlier this year, the [WHD] published ... Fact Sheet #280, that specifically offers an explanation of the circumstances when an eligible employee may utilize leave under the FMLA in connection with a mental health issue. At the same time, the WHD released new FAQs that are meant to guide employers through a variety of situations where FMLA leave may be appropriately taken. Neither the guidance nor the FAQs create any new regulations or requirements for employers, but are simply meant to give employers greater insight into when job-protected leave must be provided to an employee caring for his or her own mental health condition, or that of a close family member."  MORE >>

McAfee & Taft

District Court Finds Employer's Evidence of COBRA Notice Mailing Procedures Insufficient

"[T]he court determined that the employer had failed to show that it made a good faith effort to provide the employee with a COBRA election notice. According to the court, the employer provided no evidence: [1] of sending the COBRA notice by certified or first class mail; [2] regarding the employer's standard procedures for generating or mailing COBRA notices; and [3] regarding whether the employer's COBRA mailing procedures were followed as to this employee." [Earl v. Jewel Food Stores, Inc., No. 18-8279 (N.D. Ill. Oct. 5, 2022)]  MORE >>

The Wagner Law Group

Federal Judge Grants Reconsideration of ERISA Preemption Decision in Dispute Over COVID Testing

"A federal judge in Connecticut allowed a group of medical providers to avoid ERISA preemption and move forward with certain previously dismissed claims based on a state unfair insurance practices act, even though the providers failed in their complaint and briefing to distinguish the act as not being subject to [ERISA.]" [Murphy Medical Assoc. LLC v. Cigna Health and Life Ins. Co., No. 20-1675 (D. Conn. Oct. 18, 2022)]  MORE >>; free registration required

Making Open Enrollment Personal for Employees

"Reach people where they are -- create personas to improve personalized communications, offer digital guides to help educate employees and gather data on benefits they value most, especially for virtual employees.... Map out a communications timeline ... Create a personalized communication strategy ... Think outside the traditional benefits box."  MORE >>

BenefitsPro; free registration required

How Employers Can Manage Abortion Benefits Across States

"Employers have several options depending on their health plan and whether it is fully insured or self-funded. Options broadly fit into four categories: [1] Providing travel and lodging benefits through the existing health plan ... [2] Provide travel and lodging benefits under health reimbursement arrangements (HRAs) ... [3] Providing reimbursement through excepted benefit employee assistant programs (EAPs) ... [4] Taxable reimbursement programs."  MORE >>

Corporate Synergies

Benefits in General

[Guidance Overview]

Exceptional Usefulness and Quality icon Implications of Higher 2023 Benefit Limits

"[E]mployer contributions tied to employee deferrals or nonelective contributions may significantly increase the employer's DC plan contribution for 2023.... In defined benefit plans that include highly paid individuals, demographic losses may be generated due to the increase in the compensation limit.... For plans that require coverage or nondiscrimination testing, the increased HCE limits and the compensation and benefit limits could change testing results.... Employees could be encouraged to begin or increase their contribution rate or employers may begin or increase contributions to employees' HSA accounts."  MORE >>


Employee Benefits Jobs

View job as Retirement Plan Administrator
            for The Benefits Consulting Group

Retirement Plan Administrator

The Benefits Consulting Group


View job as Retirement Plan Administrator for The Benefits Consulting Group

View job as 3(16) Administrator
            for SetAway LLC

3(16) Administrator

SetAway LLC

Remote / Bedford NH

View job as 3(16) Administrator for SetAway LLC

Press Releases

Retirement Industry Leader Nevin Adams to ‘Retire’

American Retirement Association [ARA]

Federal Court Orders Illinois Home Healthcare Company, President, Owner, to Restore More Than $85k to Employee Retirement Plan

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

July Fuels Its Growth Strategy with Investments by Platform Partners

July Business Services

Last Issue's Most Popular Items

2023 IRS Limits (PDF)

Kushner & Company

Deadline Approaching for Prescription Drug Cost Reporting


IRS Announces 2023 Contribution Limits for Health Care FSAs

Burnham Benefits

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

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