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2 New Job Opportunities
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[Guidance Overview]
Can We Pay a Deceased Employee's Unused HRA Balance to the Employee's Surviving Spouse?
"No. HRAs may only reimburse medical care expenses as defined in Code Section 213(d). A cash payment after an employee's death or at any other time would disqualify your company's HRA for all participants and make all reimbursements paid from the HRA taxable -- even
reimbursements for qualifying medical expenses." MORE >>
Thomson Reuters / EBIA
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[Guidance Overview]
Thorny Laws That ICHRA Vendors Should Consider
"While the simplicity of ICHRAs can make them a great fit for many employers, ICHRA vendors face a complex and often unclear regulatory environment, especially given that most of the traditional group health plan laws do not perfectly apply to the ICHRA structure. For some of
these laws, the legal obligation to comply might technically fall on the employer (as the plan sponsor), but ICHRA service providers often try to comply, so their product is an off-the-shelf 'solution' for their employer clients." MORE >>
Foley & Lardner LLP
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DOL Settlement with Unum Highlights Risks for Employers Administering Supplemental Life Coverage
"[T]he DOL settlement affirms that employers may be liable for claims if they collected [group life insurance] premiums without
first confirming that Unum approved the employee's or dependent's EOI. This is consistent with federal courts across the country that have found employers liable for breach of fiduciary duty under ERISA when collecting premiums on life insurance coverage that is not in force." MORE >>
NFP
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What HR Professionals Need Know to Prevent Employee Healthcare Data from Ending Up Overseas
"HR professionals must prioritize various areas to adhere to best practices for protecting employee data effectively. This includes being vigilant about compliance risks, as transferring healthcare data overseas ... could result in substantial fines and damage to reputation.
Moreover, storing healthcare data on servers outside the U.S. might increase security risks, potentially exposing sensitive employee information." MORE >>
HR Daily Advisor
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Group Medical Captives, Level Funding and U.S. Healthcare Policy
"A group captive allows a group of unrelated employers to form a collective insurance company to manage some portions of their risks.... Captive funding is attractive to these group because it offers transparency.... Level-funded plans are sometimes described as a hybrid between
a fully insured health plan and a fully self-funded health plan ... [and] are usually marketed to employers with 2 to 50 employees.... The challenge with level funding ... [is] that level-funded plans are at bottom self-funded plans." MORE >>
McDermott Will & Emery
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CBO Publishes New Projections Related to Health Insurance for 2024 to 2034
"CBO published updated baseline projections of federal subsidies for health insurance coverage.... [N]et federal subsidies in
2024 for insured people are $2.0 trillion. In 2034, that annual amount is projected to reach $3.5 trillion (or 8.5 percent of gross domestic product). Over the 2025-2034 period, subsidies are projected to total $27.5 trillion -- with Medicare accounting for 46 percent; ... [and] employment-based coverage, 21 percent[.]" MORE >>
Congressional Budget Office [CBO]
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Health Insurance Coverage Projections for the U.S. Population and Sources of Coverage, by Age, 2024–34
"By the CBO's estimates, the all-time low uninsurance rate of 7.2 percent in 2023 will rise to 8.9 percent in 2034. The largest increase in those who are uninsured will be among adults ages 19-44." MORE >>
Health Affairs Forefront
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Are Group Benefits Brokers 'Missing Out' by Not Offering Medicare?
"Brokers must understand Medicare's components -- Part A (Hospital Insurance), Part B (Medical Insurance), Part C (Medicare Advantage), and Part D (Prescription Drug Coverage) -- to make informed decisions. Each part offers unique benefits, and the ability to
navigate these can set brokers apart as knowledgeable advisors. One major benefit of offering Medicare is that it provides a cost-effective solution for employers, especially those in small to mid-sized businesses, to manage healthcare costs while still providing benefits to their employees." MORE >>
Insurance Business
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Ozempic and Wegovy Phishing Scams Increase in 2024
"Ozempic- and Wegovy-themed phishing scams are up 183% in 2024 compared to last year. These scams spanned nearly 450 high-risk websites and more than 176,000 phishing attempts over a four-month period, in addition to postings on social media and online marketplaces.... [T]he
scams are nothing new in structure or design and are built to install malware and steal personally identifiable information (PII) or funds." MORE >>
Schneider Downs
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Employee Benefits Jobs
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Selected New Discussions |
Attempt to 'Buy Out' a Promise of 'Lifetime Benefits' Under Severance Agreements - Impermissible 409A Acceleration?
"A company has several ex-employees who were promised they could stay on the employer's group health plan until death or, in the alternative, be reimbursed for cost of substantially similar coverage until death. The insurer finally caught on and kicked these people off the
group health plan. Company does not want to reimburse these people every year for the next 20+ years and wants to buy out this privilege in a lump sum. They used actuarial calculations for various people's expected demise, and also certain assumptions about how insurance costs will increase over the next 20 years, to come up with rather significant lump sum payouts ranging from $50,000 to $500,000. They want to make these payments to
non-employees without paying any tax on them.... "I advised this lifetime payment stream was deferred comp and absolutely subject to taxation (after the first 18 months of COBRA, which I understand can be provided tax free). I also advised that by paying a lump sum, they
are accelerating the benefits in violation of Section 409A so these people getting a $500,000 check are going to owe self-employment tax, income tax, and an additional 20% excise tax. Does anybody disagree with this assessment? "So then the employer said they'd
bump up the lump sum to cover all the taxes, so that one individual (who is in a 35% tax bracket and a 10% state bracket) would get a 35% fed + 10% state + 20% excise + 15% FICA bump for a cool buy out of $900,000. "I've been trying to figure out how the employer should
report this? I've seen that deferred comp is reported on Box 1 of 1099-NEC. But I've also seen that Section 409A failures and penalty are to be reported on Box 15 of 1099-MISC. Are these people going to get 2 different 1099s? And in my example, would the 1099-NEC show the full $900,000 but the 1099-MISC only report the $500,000 (prior to the bump up for taxes)?"
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Press Releases |
Milliman Launches Enhanced Healthy Financial Outcomes Financial Wellness Experience for Retirement Plans
Milliman
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2024 Chambers USA Guide Recognizes Four IPB Partners Individually, As Well As Tax And Benefits Practices
Ivins Phillips Barker
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RxPass from Amazon Pharmacy expands access to Prime members on Medicare
Amazon
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Webcasts and Conferences (Health & Welfare Plans) |
ERISA Regulations for Disability Claims and Appeals
RECORDED
Lorman Education Services
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Understanding FMLA and State Paid Family Medical Leave Plans
July 9, 2024 WEBINAR
UBA [United Benefit Advisors]
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Navigating Employee Benefits Issues in the Education Industry: Managing Cybersecurity and Data Privacy Issues and Risks
July 16, 2024 WEBINAR
Morgan Lewis
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Pregnancy and Parenting Compliance Strategies under the 2024 Title IX Regulations and the Pregnant Workers Fairness Act
July 17, 2024 WEBINAR
Bricker Graydon
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Last Issue's Most Popular Items |
IRS Fact Sheet FS-2024-22: Frequently Asked Questions About Educational Assistance Programs
Internal Revenue Service [IRS]
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What You Need to Know About the New Final Rule on Reproductive Health Care Privacy Under HIPAA
Calfee, Halter & Griswold LLP
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2024 State of Employee Benefits™ Report (PDF)
Benefitfocus
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Copyright 2024 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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