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Health & Welfare Plans Newsletter

July 10, 2024

4 New Job Opportunities 4 New Job Opportunities


[Official Guidance]

Reminder: PCORI Fee Due July 31

"Sponsors of plans subject to the PCORI fee need to determine the average number of covered lives and file IRS Form 720 by July 31, 2024, along with payment of the required fee."  MORE >>


[Guidance Overview]

Preparing for 2025: Creditable Coverage Changes and Medicare-Eligible Employees

"It will be more difficult for HDHP prescription drug coverage to be considered creditable coverage. Other plans with high deductibles will also be impacted.... Medicare-eligible employees that do not enroll in Medicare Part D during their initial enrollment period and fail to maintain creditable coverage will incur a late enrollment penalty if the gap is 63 days or more."  MORE >>

Arthur J. Gallagher & Co.

[Guidance Overview]

Puerto Rico Taxation of Severance Payments

"Employers considering reductions in workforce in Puerto Rico should be aware that the rules on the taxation of severance pay in the United States and Puerto Rico are different. The U.S. rule is straightforward: severance pay is always taxed as wages.... In Puerto Rico, however, severance pay is largely, and often totally, exempt from the withholding of local income tax, but it is still subject to the withholding of FICA taxes."  MORE >>

Carlos Gonzalez Law Office LLC

[Guidance Overview]

Deadline for Employers to Comply with Reproductive Health Care Privacy Changes Is December 22, 2024

"HIPAA privacy policies and procedures, as well as workforce training, should be updated promptly ... The final rule also mandates that a HIPAA-required Notice of Privacy Practices be revised by February 16, 2026 to reflect these reproductive health care privacy changes, as well as existing rules on the confidentiality of medical records for individuals with substance use disorders."  MORE >>

Quarles & Brady LLP

Eighth Circuit Affirms Dismissal of Putative Class Action Challenging Cross-Plan Offsetting

"[T]he Eighth Circuit upheld the dismissal on the basis that Plaintiffs have not suffered a concrete injury.... Here, the health plans specifically allow for cross-plan offsetting so Plaintiffs are not contractually entitled to having payment of approved benefits be made in cash[.]" [Smith v. UnitedHealth Grp. Inc., No. 23-2369 (8th Cir. July 8, 2024)]  MORE >>

Roberts Disability Law

Elon Musk Beats $500 Million Severance Lawsuit by Fired Twitter Workers

"Elon Musk won dismissal of a lawsuit claiming he refused to pay at least $500 million of severance to thousands of Twitter employees he fired in mass layoffs after buying the social media company now known as X. U.S. District Judge Trina Thompson in San Francisco ruled on Tuesday that the federal Employee Retirement Income Security Act governing benefit plans did not cover the former employees' claims, and therefore she lacked jurisdiction." [McMillian v. Musk, No. 23-3461 (N.D. Cal. Jul. 9, 2024)]  MORE >>

Reuters; free registration may be required

What Employers Need to Develop a Competitive Benefits Program

"[1] An expansive understanding of your employees and their benefits expectations ... [2] Quantitative insights into your employees' benefits behaviors ... [3] A choice of health plan options ... [4] Voluntary benefit options ... [5] A personalized, guided benefits experience."  MORE >>


Are Virtual Physical Therapy Solutions Effective?

"Many employers are looking for programs to add to their health plans -- especially ones that address an important need and are likely to reduce plan costs.... Which ones work (improve upon the traditional health care delivery system)?"  MORE >>

Chelko Center for Benefits Management

Benefits in General

[Official Guidance]

Text of EBSA Request for Nominations: Advisory Council on Employee Welfare and Pension Benefit Plans

"The terms of five Council members expire at the end of this year. The groups or fields they represent are as follows: [1] Employee organizations; [2] employers; [3] the general public; [4] actuarial counseling; and [5] investment counseling.... Nominations must be received on or before [45 days after date of publication in the Federal Register, which is currently scheduled for July 11, 2024]."  MORE >>

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

[Official Guidance]

IRS Disaster Relief Notice WV-2024-04, for Taxpayers in West Virginia

"[I]ndividuals and businesses in West Virginia that were affected by severe storms, flooding, landslides, and mudslides that began on April 11, 2024 ... now have until Nov. 1, 2024, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Boone, Brooke, Doddridge, Gilmer, Hancock, Kanawha, Lincoln, Marshall, Ohio, Roane, Tyler, Wetzel and Wood counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

How the SCOTUS Chevron Ruling Affects Benefit Plans

"The courts may now examine regulations in more detail, depending on the authority given to the regulators by the applicable statute.... [We] may see even fewer regulations and more reliance on subregulatory guidance.... The result ... may be more uncertainty for a longer time and likely contrary decisions in the different courts of appeal." [Loper Bright Enterprises, Inc. v. Raimondo, Sec. of Comm., No. 22-451 (S. Ct. Jun. 28, 2024)]  MORE >>


FTC Non-Compete Rule: Where Are We, and Where Do We Go from Here?

"Given the narrow scope of the Court's injunction, businesses will still have to take a wait-and-see approach until July 23, 2024, or August 30, 2024, and keep in mind that issuing written notices to workers that their non-competes will be unenforceable may constitute a waiver of the right to enforce them if the Rule does not become effective September 4, 2024. In the event of an adverse final determination, the FTC is likely to appeal the order to the Fifth Circuit, and the issue may appear before the Supreme Court as early as next year." [Ryan LLC v. Federal Trade Commission (no. 24-0986 (N.D. Tex. Jul. 3, 2024)]  MORE >>

Jackson Walker

Employer Considerations While Awaiting Further District Court Action on the FTC Non-Compete Ban:

"While it may be likely that the FTC ultimately will not be permitted to enforce the ban against any employer, the uncertainty of when such an order will be entered leaves employers who use non-competes with tough choices in the coming weeks." [Ryan LLC v. Federal Trade Commission (no. 24-0986 (N.D. Tex. Jul. 3, 2024)]  MORE >>

Jackson Lewis P.C.

Employee Benefits Jobs

View job as Retirement Plan Consultant for Concierge Retirement Services, Inc.

Retirement Plan Consultant

Concierge Retirement Services, Inc.


View job as Retirement Plan Consultant for Concierge Retirement Services, Inc.

View job as Enrolled Actuary for Concierge Retirement Services, Inc.

Enrolled Actuary

Concierge Retirement Services, Inc.


View job as Enrolled Actuary for Concierge Retirement Services, Inc.

View job as Retirement Operations Implementation Specialist for Alerus

Retirement Operations Implementation Specialist


Remote / MN / ND

View job as Retirement Operations Implementation Specialist for Alerus

View job as Employee Benefits Associate for Shipman & Goodwin LLP

Employee Benefits Associate

Shipman & Goodwin LLP

Remote / CT

View job as Employee Benefits Associate for Shipman & Goodwin LLP

Press Releases

TriNet Announces Appointment of Healthcare Industry Veteran Brian Evanko to Board of Directors

TriNet Group

Webcasts and Conferences
(Health & Welfare Plans)

FTC’s Final Noncompete Rule: Developing Your Game Plan


McDermott Will & Emery LLP

2024 Health and Welfare Plan Challenges for Plan Sponsors, Administrators, and Counsel

August 13, 2024 WEBINAR


Employee Benefit Plans of Tax-Exempt and Governmental Employers 2024

October 31, 2024 WEBINAR

ALI CLE [American Law Institute Continuing Legal Education]

Last Issue's Most Popular Items

2025 Maximum Out-of-Pocket Limits, HSA Parameters, and Excepted Benefit HRA Limits


Applying Loper Bright, Three District Courts Bar Enforcement of ACA Section 1557 Final Regulations on Gender Identity

Thomson Reuters Practical Law

Do HDHPs Really Save Employers Money?

Chelko Center for Benefits Management

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

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