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4 New Job Opportunities
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[Guidance Overview]
ACA Affordability Percentage Increases to 9.02% for 2025
"After two consecutive years of substantial decreases in the affordability percentage, the increase for 2025 will be a help to employers by providing additional flexibility in the amounts they can charge. Although the increase is substantial, 9.02% is still the second lowest
percentage (after 8.39%) since the employer mandate has been in effect." MORE >>
HUB International
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Eleventh Circuit Vacates Title VII Decision Requiring Coverage for Gender-Affirming Surgery (PDF)
"A federal trial court ruled that the plan exclusion constituted discrimination based on sex and permanently enjoined the employer from any further enforcement or application of the exclusion. On appeal, a three-judge panel of the Eleventh Circuit upheld that order ... The
court agreed to a rehearing and vacated the panel's prior opinion." [Lange v. Houston County, Georgia., No. 22-13626 (11th Cir. Aug. 15, 2024)] MORE >>
Thomson Reuters / EBIA
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What Happens When a Company Terminates Someone for FMLA Fraud When They Weren't Actually Misusing It?
"[T]he Fourth Circuit concluded that the defendant did not terminate the plaintiff because he took FMLA leave. Instead, it focused on the defendant's belief that the plaintiff submitted contradictory medical paperwork in connection with this FMLA leave ... The company
continued to investigate by taking a statement from the plaintiff. Only then, based on its full investigation, did it terminate the plaintiff." [Shipton v. Baltimore Gas and Elec. Co., No. 23-1360 (4th Cir. Jul. 31, 2024)] MORE >>
Pierson Ferdinand LLP
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Dependent Eligibility Audit Best Practices
"The first step in a dependent eligibility audit/review is to ensure that the definition of 'eligible dependent' is consistent and uniformly stated throughout the ERISA plan document, the Summary Plan Description (SPD), benefits guides, open enrollment materials, and
employee handbooks." MORE >>
Woodruff Sawyer
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Is Health Club Membership an ERISA Benefit? (PDF)
"While health and fitness clubs and on- site fitness centers promote general good health, they normally are made available without regard to sickness or disability and do not diagnose or treat specific medical conditions, so they typically do not provide medical care, benefits in
the event of sickness, or any other ERISA benefit. Absent an ERISA benefit, a policy or program of paying for health club memberships or providing an on-site fitness center would not be an ERISA plan." MORE >>
Thomson Reuters / EBIA
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What Are the Projected 2025 Health Plan Cost Trends?
"[T]he highest projected rate of increase for all health benefit plan cost trends is for outpatient prescription drugs: 11.4 percent.... Survey respondents project the per-person cost trend for PPO/POS plans to be 7.9 percent.... Plan sponsor focus has shifted
dramatically to cost- and quality-management strategies related to prescription drugs and weight loss-treatments specifically, which now account for four of the top five cost-management strategies." MORE >>
Segal
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Stop-Loss Premiums Increase to Over 10% Annually
"Measured from 2022 to 2024, annualized increases in individual stop-loss premiums range from 10.4% at a $100,000 deductible to 13.8% at a $750,000 deductible. This dynamic, known as leveraged trend, occurs as the underlying increase in expense of a catastrophic medical claimant
is fully borne by an unchanged stop-loss deductible from one year to the next. The more immediate change from 2023 to 2024 reflects a lower increase not exceeding 9.1% at any deductible, potentially reflecting softer renewal pricing for the 2024 policy period." MORE >>
International Foundation of Employee Benefit Plans [IFEBP]
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Employee Benefits in the United States Summary, March 2024
"Medical care benefits were available to 72 percent of private industry workers and 89 percent of state and local government workers in March 2024 ... Forty-three percent of private industry workers had access to dental benefits and 60 percent of state
and local government workers had access. Twenty-eight percent of private industry workers had access to vision benefits while 39 percent of state and local government workers had access." MORE >>
U.S. Bureau of Labor Statistics [BLS]
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[Opinion]
Congress Should Take Action to Deem PBMs a 'Fiduciary' Under ERISA (PDF)
15 pages. "If subject to the same ERISA fiduciary duties as plan sponsors, PBMs would effectively be required to act in the best interest of plan participants and help keep plan costs low.... PBMs could not engage in self-dealing or other profiteering tactics like many do
today.... Congress has the flexibility to be prescriptive in defining the types of actions that a PBM may undertake that would result in ERISA fiduciary status. Or Congress may simply provide that a PBM shall become an ERISA fiduciary upon entering into an agreement to provide services to an ERISA-covered health plan. " MORE >>
The ERISA Industry Committee [ERIC]
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Benefits in General |
[Official Guidance]
IRS Disaster Relief Announcement PA-2024-02, for Victims of Tropical Storm Debby in Pennsylvania
"[I]ndividuals and businesses in Pennsylvania that were affected by Tropical Storm Debby that began on Aug. 9, 2024 ... now have until Feb. 3, 2025, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households
that reside or have a business in Lycoming, Potter, Tioga, and Union counties qualify for tax relief." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
IRS May Allow Employees to Allocate Employer Retirement Plan Contributions to Other Benefits
"[PLR 202434006] allowed a choice [among] ... [1] The 401(k) plan; [2] A Retiree Health Reimbursement Arrangement
(HRA); [3] The employee's HSA account; or [4] An Educational Assistance Program to pay off student loans.... [T]he IRS agreed to these four choices for an employer contribution, which otherwise would have only been made to the 401(k) plan. It did come with some caveats however." MORE >>
Kushner & Company
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Employee Benefits Jobs
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Selected New Discussions |
Voluntary Benefits - What Constitutes Consideration?
"If a voluntary vendor offers a premium discount for other benefits (1% discount for our life coverages). My concern is that this would constitute 'consideration' and therefore would not satisfy that prong of the safe harbor exemption. Any thoughts?"
BenefitsLink Message Boards
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Cash Payment to Cover Increased Premiums
"Company and participating employers are consolidating benefit plans so that all employees participate under one plan. As a result, premiums will increase for some employees. Company would like to understand if it's possible to pay certain employees a stipend on a pre-tax
basis that is used to cover the increased premiums. The plan is self-insured, so my thought is that providing this payment to some employees and not others presents some discrimination issues. Also, if the stipend is paid through payroll, can it be deducted pre-tax to pay for the cost of premiums?"
BenefitsLink Message Boards
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Press Releases |
Prudential Financial Introduces Stop Loss Insurance
Prudential Financial, Inc.
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Webcasts and Conferences (Health & Welfare Plans) |
To COE or Not To COE – Is That the MSK Question?
RECORDED
Brown & Brown
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Preparing for Year-End and a Look Ahead for Plan Sponsors
September 19, 2024 WEBINAR
Groom Law Group
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Making the Switch from Fully Insured to Self-funded
September 25, 2024 WEBINAR
The Baldwin Group
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Employment Benefits Update: A Legal Checkup for Health and Welfare Plans
October 2, 2024 WEBINAR
Eversheds Sutherland
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What Are the Projected 2025 Health Plan Cost Trends?
October 9, 2024 WEBINAR
Segal
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New HIPAA Privacy Rules and Key Issues for Group Health Plans: Challenges for Plan Sponsors and Administrators
November 4, 2024 WEBINAR
Strafford
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Last Issue's Most Popular Items |
Final Mental Health Parity Regs Released: Plan Sponsor Action Required by 2025
Proskauer
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Final Mental Health Parity Rules: Top Five Changes to the Status Quo
Foley & Lardner LLP
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Landmark Mental Health Parity Final Rule: What Plan Sponsors and Insurers Need to Know
McDermott Will & Emery
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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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