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Health & Welfare Plans Newsletter

November 18, 2022

3 New Job Opportunities 3 New Job Opportunities


[Guidance Overview]

Massachusetts PFML Update: New 2023 Poster and Employee Notices

"Employers must notify current and new employees of the 2023 updates to contribution rates and weekly benefit amounts under the Paid Family and Medical Leave (PFML) Law. The Department of Family and Medical Leave (DFML) has published an updated poster and updated template notice forms that employers can use."  MORE >>

Seyfarth Shaw LLP

[Guidance Overview]

Exceptional Usefulness and Quality icon Once a Plan Year Begins, Opportunities for Cafeteria Plan Election Changes Are Slim

"Some employers incorrectly believe that employees have 30 or 31 days after the start of the plan year to change their elections. This is not the case.... IRS officials have in the past reportedly commented informally that an election may be corrected but only if there is clear and convincing evidence that a mistake has been made ... In addition, IRS officials have reportedly said informally that an employer administration or clerical mistake in recording an election can be undone, again only if there is clear and convincing evidence that it was an employer error."  MORE >>

HUB International

[Guidance Overview]

IRS Announces Expansion of Change in Status Rules for Cafeteria Plans

"Initially in issuing Notice 2022-41, the IRS seemed to believe mid-year election changes would only be relevant for non-calendar year plans because affected families covered by calendar year plans would be able to make the relevant elections during the plan's normal open enrollment period. In publishing the Notice, however, the IRS has made subtle changes to its language indicating that the provision allowing mid-year changes is applicable to calendar year plans as well."  MORE >>

The Wagner Law Group

The Dynamics of Health Insurance Within Families: 2012–2021

"There is strong evidence that the ACA 'family glitch' reduces the likelihood that partners are covered by non-group coverage, especially among families with children. Women whose partner has group coverage are 2-3 times more likely to be uninsured than have non-group coverage.... Mothers are increasingly likely to be the provider of group coverage for the whole family and are replacing fathers as the providers of family coverage."  MORE >>

Employee Benefit Research Institute [EBRI]

Sixth Circuit: Suit Based on Notice of Intermittent FMLA Absences Must Go to Trial

"What can employers learn from this case? First, monitor your TPAs. Make sure that the communications they are sending to your employees are comprehensible, and that any instructions are clear, easy to follow, and consistent with your policies and actual practices.... Second, don't be afraid to question or even overrule your TPAs.... Third, beware of being too rigid about FMLA intermittent leave." [Render v. FCA US, LLC, No. 21-2851 (6th Cir. Nov. 16, 2022)]  MORE >>

Constangy, Brooks, Smith & Prophete LLP


Joint Letter to Congress Supporting Extension of Expiring Provision That Allows Health Plans to Offer Telehealth Health Services Pre-Deductible (PDF)

"[In] 2022, 75% of large employers are offering access to lower- or no-cost mental health support through their telemental health provider and 33% are offering lower cost counseling services at the worksite ... Without an extension of current flexibility, employers would be required to charge employees more to access this care, creating another barrier to treatment."  MORE >>

The Wagner Law Group along with Numerous Other Employers and Industry Associations

Benefits in General

[Guidance Overview]

DOL Changes 'Employee vs. Contractor' Rule

"This FLSA definition also applies to the Family and Medical Leave Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.... For retirement plans and other employee benefit plans covered by ERISA Title I, ... the practical definition ... has been determined by the courts. Still, courts may rely on well-reasoned and highly vetted regulations, such as the new proposed FLSA rule, to inform their analyses when crafting common law rulings."  MORE >>


[Guidance Overview]

Exceptional Usefulness and Quality icon 2022 End of Year Plan Sponsor 'To Do' List: Annual Cost of Living Adjustments

"This [list] describes annual cost-of-living increases ... [and includes] a summary table of penalties, percentages, and premiums under the employer shared responsibility requirements of Code Section 4980H."  MORE >>

Snell & Wilmer

Survey: Voters Trust Employers to Provide Benefits, But Want Federal Standards

12 presentation slides. "A plurality of voters (45%) trust employers the most to provide affordable, high-quality health insurance coverage, a rise from 39% in 2020. Further, a plurality of voters (46%) trust employers the most to help achieve a secure retirement.... A majority of voters (51%) trust their employer the most to ensure they have an adequate amount of paid leave from work, rather than federal or state government ... A majority of voters (53%) continue to believe standards for employer benefits should be set at the federal level, although there is some downward trend from 2018."  MORE >>

American Benefits Council

Employee Benefits Jobs

View job as Retirement Plan Consultant
            for Definiti

Retirement Plan Consultant



View job as Retirement Plan Consultant for Definiti

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

Retirement Plan Administrator

Retirement Solutions Specialists, LLC

Remote / Jacksonville FL

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

View job as Director, Recordkeeping Services
            for Definiti

Director, Recordkeeping Services



View job as Director, Recordkeeping Services for Definiti

Press Releases

Lincoln Financial Group Introduces the New Lincoln ProtectedPay Lifetime Income Suite

Lincoln Financial Group

TIGTA Announces Launch of New Website

TIGTA [Treasury Inspector General for Tax Administration]

Webcasts and Conferences
(Health & Welfare Plans)

Unions and Leave Requirements: Examining How the Patchwork of Paid Sick Leave Laws Impacts Collective Bargaining Under the RLA and NLRA

November 30, 2022 WEBCAST

Seyfarth Shaw LLP

Last Issue's Most Popular Items

IRS Revises October 2022 Additional Election Change Guidance to Remove Non-Calendar-Year Plan Requirement

Thomson Reuters / EBIA

Surprise Billing Final Regs Issued (PDF)

Husch Blackwell

December 27 Is Deadline for Mandatory Rx Data Collection Reporting

Jackson Lewis P.C.

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

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