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Health & Welfare Plans Newsletter

December 24, 2025

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[Official Guidance]

Text of 2026 IRS Publication 15-B: Employer's Tax Guide to Fringe Benefits, for Use in 2026 (PDF)

36 pages; Dec. 23, 2025. "What's New: [1] Cents-per-mile rule.... [2] Qualified parking exclusion and commuter transportation benefit.... [3] Contribution limit on a health flexible spending arrangement (FSA).... [4] Moving expense reimbursement.... [5] Bicycle commuting reimbursements.... [6] Artificial intelligence (AI) literacy and AI development programs.... [7] Dependent care assistance exclusion from wages.... [8] Employer payments of student loans."  MORE >>

Internal Revenue Service [IRS]

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The daily BenefitsLink Health & Welfare Plans Newsletter will resume on Monday, December 29.

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[Official Guidance]

Text of IRS Updates to Questions and Answers About the Premium Tax Credit (PDF)

"This Fact Sheet updates frequently asked questions (FAQs) about the Premium Tax Credit. The revisions and additions are as follows: [1] Updates to questions related to the limitations on repayment of excess advance payment of the premium tax credit due to the removal of the limitations for tax years beginning after Dec. 31, 2025. [2] Updates throughout for minor style clarifications and topic/question renumbering. [3] Deletion of questions Q 32 and Qs 35-49 about certain Premium Tax Credit rules that do not apply after tax years 2020 and 2021."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

IRS Extends Transition Relief for State Paid Family and Medical Leave Programs Through 2026

"The IRS explained that the extension is in response to requests from states administering PFML programs that need additional time to update systems, budgets, and reporting processes to align with the federal tax treatment clarified in Revenue Ruling 2025-4. Importantly, [Notice 2026-6] does not extend transition relief related to voluntary employer 'pick-up' contributions, which remain subject to federal employment tax and reporting requirements."  MORE >>

Littler

[Guidance Overview]

IRS Extends Transition Relief for One Component of State Paid Family and Medical Leave Programs

"This extension provides continued penalty relief for noncompliance with federal tax withholding and reporting requirements for state-paid medical leave benefits attributable to employer contributions through the end of 2026. Employers must still treat 'pick-up' contributions as wages for federal employment tax purposes and report them on Form W-2 for 2026."  MORE >>

EY

Johnson and Johnson (Again) Beats Back Allegations of Fiduciary Breach Regarding Prescription Drug Program

"Plan fiduciaries notched another victory in a much-watched, bellwether case alleging breaches of fiduciary duty for failures to manage the drug costs of employer-sponsored health plans." [Lewandowski v. Johnson & Johnson, No. 24-0671 (D.N.J. Nov. 26, 2025)]   MORE >>

Trucker Huss

District Court Rejects ERISA Preemption for 'Voluntary' Executive Disability Coverage Marketed Through Employer

"A recent [District Court decision] is a helpful reminder that insurers do not get to 'ERISA-wash' a claim simply because coverage was offered to employees through an employer channel. When the employer stays neutral, employees pay the full premium, and the insurer sells what is functionally an individually owned policy governed by state law, ERISA may never come into play -- no matter how aggressively the insurer invokes it after a claim dispute arises." [Koo v. Unum Grp., No. 25-5797 (C.D. Cal. Dec. 16, 2025)]  MORE >>

Roberts Disability Law

Schlichter Bogard Unleashes a New ERISA Suit Genre

"A number of national employers (and consultants) found some coal in their Christmas stocking yesterday -- courtesy of Schlichter Bogard LLC. While it is not the healthcare fiduciary litigation many have been expecting, it does deal with benefits, and charges of a breach of fiduciary duty in what were allegedly excessive premiums in accident, critical illness, cancer, and hospital indemnity insurance -- voluntary benefits that are not subsidized by employers."  MORE >>

American Retirement Association [ARA]

Evidence of Insurability: Why Employers Must Get This Right

"If EOI is required, coverage does not exist until it is approved. However, courts often are unforgiving to employers when an EOI failure surfaces after death or disability, thus opening risk to breach of fiduciary duty claims or equitable relief. Plan administrators that proactively manage EOI and communicate clearly can avoid costly disputes when it matters most."  MORE >>

Haynes Boone

FDA Approves Wegovy Tablet, Creating a New Challenge for Employers

"The addition of new, effective weight-loss drugs could help hold down spending on the drugs, by increasing the level of competition and putting pressure on the manufacturers and distributors to hold down prices."  MORE >>

BenefitsPro; registration may be required

Benefits in General

[Official Guidance]

IRS Disaster Relief Announcement WA-2025-03, for Taxpayers Impacted by Severe Storms, Straight-Line Winds, Flooding, Landslides, and Mudslides in the State of Washington

"[I]ndividuals and businesses in the State of Washington affected by severe storms, straight-line winds, flooding, landslides, and mudslides that began on Dec. 9, 2025 ... now have until May 1, 2026, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Benton, Chelan, Clallam, Grays Harbor, Jefferson, King, Kittitas, Lewis, Mason, Pierce, Samish, Skagit, Snohomish, Thurston, Wahkiakum, Whatcom, and Yakima counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Last Issue's Most Popular Items

Increasing the Age of Medicare Eligibility to 67 (PDF)

Urban Institute

IRS Delays Enforcement of PFML Tax Rules

Ogletree Deakins

The Pharmacy Benefits Ecosystem Is Broken: How PBMs Can Help

Forbes; subscription may be required

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

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