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Health & Welfare Plans Newsletter

December 8, 2022

7 New Job Opportunities 7 New Job Opportunities

 

[Guidance Overview]

CRS in Focus: Regulating Reproductive Health Services After Dobbs v. Jackson Women's Health Organization

"This In Focus reviews the Court's Dobbs decision, discusses Congress's authority to regulate reproductive health services, and examines the regulation of medication abortion, which represents a sizable portion of all abortions in the United States." [IF12269 Dec. 8, 2022]  MORE >>

Congressional Research Service [CRS]

Ninth Circuit: Denial Letters Must Include All Rationale to Be Asserted in Litigation

"[T]his new Ninth Circuit decision indicates for the first time that it is 'clear error' for a district court to adopt 'newly presented rationale when applying de novo review.' Even rationale focused on a claimant's credibility must be affirmatively stated in the claim denial, if considered, or it will be deemed a 'newly presented rationale' and must be excluded from consideration by the district court if asserted in the litigation." [Collier v. Lincoln Life Assurance Company of Boston, No. 21-55465 (9th Cir. Nov. 21, 2022)]  MORE >>

Lane Powell PC

Anticipating 2023 Employee Benefit Plan Compliance Issues

"The Known Knowns: ‍[1] RxDC reporting ... [2] Mental health parity.... [3] Plan transparency requirements.... [4] Employer reporting changes.... [5] Plan documents.... The Known Unknowns: [1] COVID-19... [2] Court-related actions.... [3] Regulatory outlook ... The Unknown Unknowns: [1] Potential lame duck session legislation.... [2] What the divided Congress might do."  MORE >>

MZQ Consulting, LLC

Benefits in General

[Official Guidance]

DOL Releases Informational Copies of 2022 Form 5500 Series Annual Return/Report

For Information Purposes Only, Not to be Used for Filing

MORE >>

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

Superseding Cause Under ERISA (PDF)

"While some causation issues under ERISA are frequently litigated, such as which party has the burden of proof in establishing that a breach of fiduciary duty has or has not occurred once plaintiff has established a prima facie case, other issues, such as the type of causation required under ERISA Section 409, are infrequently discussed."  MORE >>

The Wagner Law Group

Employers Focused on Maintaining Benefits Amid Recession Fears

"[W]hile businesses of all sizes agree they would try to avoid any action that would negatively impact employees, small businesses -- those with under 500 employees -- most likely would not take any action to reduce salaries (64%) or benefits (57%). Larger businesses were less enthusiastic, with 49% indicating they would not reduce salaries and 45% indicating they would not reduce benefits offered."  MORE >>

American Retirement Association [ARA]

Employee Benefits Jobs

View job as ERISA Counsel
for Human Interest

ERISA Counsel

Human Interest

Remote

View job as ERISA Counsel for Human Interest

View job as Pension Administrator
for Creative Pension Consultants, Inc.

Pension Administrator

Creative Pension Consultants, Inc.

Remote / Albany NY

View job as Pension Administrator for Creative Pension Consultants, Inc.

View job as Group Sales Account Executive
for U.S. Retirement & Benefits Partners

Group Sales Account Executive

U.S. Retirement & Benefits Partners

Wayne PA

View job as Group Sales Account Executive for U.S. Retirement & Benefits Partners

View job as Defined Benefit Data Consultant
for Principal Financial Group

Defined Benefit Data Consultant

Principal Financial Group

Remote / Des Moines IA

View job as Defined Benefit Data Consultant for Principal Financial Group

View job as Manager, Retirement Consultants
for Commonwealth Financial Network

Manager, Retirement Consultants

Commonwealth Financial Network

Waltham MA / San Diego CA

View job as Employee Benefits Account Manager
for U.S. Retirement & Benefits Partners

Employee Benefits Account Manager

U.S. Retirement & Benefits Partners

Rochester NY

View job as Employee Benefits Account Manager for U.S. Retirement & Benefits Partners

View job as Benefits Manager
for CUNY School of Professional Studies

Benefits Manager

CUNY School of Professional Studies

New York NY

Selected New Discussions

Section 129 Dependent Care (DCAP) NDT Question

"Hi, similar to question below. Small headcount plan where only HCE's actually made DCAP contributions. Company does employ NHCE's. Not worried about 25% concentration test. Would this plan fail 55% Average Benefits Test just because zero of its NHCE's make contributions? I would also appreciate a source if anyone has one."

BenefitsLink Message Boards

Employer Premium Payment Outside Cafeteria Plan

"Forgive the very basic question, but is it permissible for an employer to pay, on a tax-free basis, all or a portion of one employee's fully insured group health premiums outside of the employer's cafeteria plan? Assume the one person is highly compensated. No nondiscrimination rules would be directly applicable because the group health plan is fully insured. Would the cafeteria plan nondiscrimination rules cover this type of payment? In other words, does the existence of the cafeteria plan (and the other non-HCEs' requirement to pay a larger premium under the cafeteria plan) eliminate the ability for the employer to make tax-free premium payments under section 106?"

BenefitsLink Message Boards

Press Releases

Many Employers Unsure of Accuracy of Their ACA Reporting – Accord Systems Audit Tool Can Alleviate All Concerns

Accord Systems

IRI Announces 2022 Federal Champion of Retirement Security Award Recipients

Insured Retirement Institute [IRI]

Introducing Robinhood Retirement

Robinhood

DOL Recovers More Than $17k for Illegally Terminated Employee After Publix Super Markets Inc. Violates Medical Leave Protections

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

Webcasts and Conferences
(Health & Welfare Plans)

EEOC Activity on Employer Travel Benefits

December 12, 2022 WEBCAST

ERIC [ERISA Industry Committee]

Last Issue's Most Popular Items

The ABCs of 401(h) Accounts

American Retirement Association [ARA]

OCR Releases Guidance on Use of Tracking Technologies

Sheppard Mullin

Student Loan Payment Pause to End in 2023: What Does It Mean for Employers?

VOYA Financial

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

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