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Health & Welfare Plans Newsletter

January 2, 2024

2 New Job Opportunities 2 New Job Opportunities


[Official Guidance]

Text of 2024 IRS Publication 15-B: Employer's Tax Guide to Fringe Benefits (PDF)

35 pages; Dec. 14, 2023. "What's New ... [1] The business mileage rate for 2024 is 67 cents per mile.... [2] For 2024, the monthly exclusion for qualified parking is $315 and the monthly exclusion for commuter highway vehicle transportation and transit passes is $315.... [3] For plan years beginning in 2024, a cafeteria plan may not allow an employee to request salary reduction contributions for a health FSA in excess of $3,200."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Exceptional Usefulness and Quality icon 2024 Compliance Guides for Health and Welfare Plans

Links to sixteen 2024 Compliance Guides, including [1] ACA Employer Mandate & ACA Reporting Guide; [2] COBRA for Employers Guide; [3] Compliance Considerations for Self-Insured Plans; [4] Health Benefits for Domestic Partners; and [5] Health Benefits While on Leave. Also included are charts detailing Section 125 Permitted Election Change Events; and State Paid Family Leave.  MORE >>


[Guidance Overview]

Cook County Paid Leave Ordinance Takes Effect; New Model Notice Available

"The Ordinance is effective December 31, 2023 and will replace the current Cook County Earned Sick Leave Ordinance. The Ordinance closely resembles the Illinois' Paid Leave for All Workers Act [PLAWA], which goes into effect on January 1, 2024.... Among other compliance obligations, the Ordinance requires that employers include the model notice in a written document, or written employee manual or policy."  MORE >>

Seyfarth Shaw LLP

Tenth Circuit Establishes Pleading Standards in Residential Treatment Center Cases

"The [Tenth Circuit] has continued to focus on residential treatment center claims, having recently issued two additional precedential opinions in cases involving residential treatment centers ... Both of these cases drew amicus briefs (a brief by the National Health Law Program and the Kennedy Forum in E.W., and a brief by the U.S. Chamber of Commerce in Ian C.), and show that the Tenth Circuit is responding to the large numbers of residential treatment cases with lengthy opinions and detailed analysis and guidance." [E.W. v. Health Net Life Ins. Co., No. 21-4110 (10th Cir. Nov. 21, 2023); C. v. UnitedHealthcare Ins. Co., No. 22-4082 (10th Cir. Dec. 5, 2023)]  MORE >>

Groom Law Group

Weis Markets Faces Lawsuit for Allegedly Misusing EAP Benefit

"In the lawsuit, the EEOC alleges that a supervisor subjected an employee to sexual harassment, and the employer fired her after she refused to comply with its unlawful directive to participate in the company employee assistance program (EAP).... The mandatory EAP participation would have required her to undergo a medical examination, answer questions related to disability, and release her medical information to the company so that they could determine whether to place her on disability leave." [EEOC v. Weis Markets, Inc., No. 23-1767 (M.D. Penn. complaint filed Oct. 25, 2023)]  MORE >>

Hall Benefits Law

How Employers Who Sponsor Health Plans Can Avoid No Surprises Act 'Challenges'

"If you decided on a compliance-only approach, you are spending more in at least two ways: [1] Certain expenses that would have been processed using separate out-of-network cost sharing are now treated under in-network rules, and [2] You are paying for added administrative expenses ... The best response to the NSA is the same as it was for Health Reform -- deploy both strategic and compliance-oriented responses."  MORE >>


'Wellness Chatbots' Join Employee Benefit Plans

"Workplaces increasingly are offering employees access to digital mental health tools, including AI chatbots meant to mimic therapists and wellness apps that diagnose mental health conditions ... The capabilities and goals of these services vary."  MORE >>

Becker's Hospital Review

Benefits in General

[Official Guidance]

DOL EFAST2 Website Updated for 2023 Plan Year Filings

"EFAST2 website credentials have changed to You can no longer sign into this website with an EFAST2 User ID and Password. On January 1, 2024 EFAST released the 2023 Form 5500, 5500-SF, and 5500EZ for filing of annual returns/reports. Electronic filing for Form 5558 is unavailable for form year 2023."  MORE >>

U.S. Department of Labor [DOL]

Employee Benefits Jobs

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

Employee Benefits Account Manager

U.S. Retirement & Benefits Partners

Wayne PA / Hybrid

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

View job as Plan Administrator for Atlantic Pension Services Inc

Plan Administrator

Atlantic Pension Services Inc

Kennett Square PA

View job as Plan Administrator for Atlantic Pension Services Inc

Selected New Discussions

How to Correct DCFSA Underfunded Because of Missed Payroll Deduction?

"Curious to know what action (if any) should be taken in this case. Employee makes an annual DCFSA election of $4992 back in January of this year. Given the timing of this election, the benefits system calculates that $208 per pay should be taken from the employee's check based on the 24 payroll deductions. Unfortunately. the deductions don't start from the paycheck immediately and only 22 deductions were made. Only $4576 was taken from the employee's paycheck. This error was only discovered after the last paycheck of 2023 was processed, so there is no easy way to catch-up on the missed contributions. Given that every dollar that was taken from the employee's paycheck was properly deferred to the DCFSA, is there any action needed? With no additional payroll cycles left, what options would be available to correct 2023?"

BenefitsLink Message Boards

Press Releases

The Cerrado Group Announces Addition of Three New Member Firms

The Cerrado Group

Morningstar Retirement joins the Retirement Advisor Council

Retirement Advisor Council

Franklin Templeton Completes Acquisition of Putnam Investments

Franklin Templeton

Webcasts and Conferences
(Health & Welfare Plans)

Out-of-Network ERISA Claims: Identifying Provisions Subject to Provider Challenge

January 16, 2024 WEBINAR


What’s in store for ’24? Key Health Plan Compliance Requirements

January 24, 2024 WEBINAR

McAfee & Taft

Last Issue's Most Popular Items

Parsing MHPAEA Claims Under the Proposed Rule: Tenth Circuit Decision Highlights the Stakes

McDermott Will & Emery

Navigating Employee Leave Laws in Illinois, Chicago, and Cook County: A Comparative Guide for Employers


Illinois' Paid Leave for All Workers Act: Learn the Rules


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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.

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