Health & Welfare Plans Newsletter

July 22, 2015

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Employee Benefits Jobs

ESOP and 401(k) Administrator
Primark Benefits
in CA

Pension Administrator
Primark Benefits
in CA

Consultant, Compliance (Health)
The Segal Group
in CA

Financial Services Sales Manager
Retirement Plan Consultants LLC
in ANY STATE, CO, IA, IL, KS, MN, MO, ND, NE, SD

Plan Compliance Consultant
T. Rowe Price
in MD

Pension Administrator
Cornerstone Retirement Plan Administrators, LLC.
in ANY STATE, RI

Benefits Analyst
Milliman
in NY

COBRA Benefits Administrator
DailyAccess a Verisight Company
in TX

DC Retirement Plan Administrator
Pension Plan Administration, LLC
in AR

Conversion Specialist
The Newport Group
in NC

Retirement Plan Administrator
Harding Shymanski & Company, PSC
in IN

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Webcasts and Conferences

Safe Harbor 401(k) - Portland
August 20, 2015 in OR
(SunGard Relius)

Advanced Cross-Tested Plans: Adding More Tools - Portland
August 21, 2015 in OR
(SunGard Relius)

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[Guidance Overview]

IRS Health Care Tax Tip 2015-42: Self-Insured Employers Must File Health Coverage Information Returns
"Regardless of size, all employers that provide self-insured health coverage to their employees are treated as coverage providers. These employers must file an annual return reporting certain information for each employee they cover. As coverage providers, these employers must: [1] File a Form 1095-B, Health Coverage, with the IRS, accompanied by a Form 1094-B transmittal.... [2] Furnish a copy of the 1095-B to the responsible individual -- generally the primary insured, employee, parent or uniformed services sponsor.... The information reporting requirements are first effective for coverage provided in 2015." (Internal Revenue Service [IRS])


[Advert.]

Overview of Prescription Drugs -- New E-Learning Course!

Sponsored by International Foundation of Employee Benefit Plans [IFEBP]

Help your organization and members make better prescription drug plan choices. This one-hour course teaches how to navigate through various plan options and understand how to minimize costs. This is great training for your staff -- Enroll Today!



[Guidance Overview]

IRS Offers Rules of the Road for Cadillac Plan Tax
"[ IRS Notice 2015-16 ] offers insight into the view the IRS has of the statute and how this view will influence its approach to future rulemaking. It proposes answers to several implementation questions regarding Code section 4980I that remained unanswered following the enactment of PPACA but are necessary for employers to calculate potential liability under Code section 4980I ... [This article] contains a brief overview of the Notice, which highlights certain key information and identifies steps that employers should consider taking at this stage of the regulatory process. [It also includes] a more detailed summary of the proposed approaches outlined by IRS in the Notice." (Sutherland Asbill & Brennan LLP)

The 'Cadillac Tax' -- What Employers Need to Know (PDF)
"What plans will be subject to the Cadillac Tax? ... What's included in the aggregate value of a medical plan ... How are HSA contributions calculated? ... Do employers pay tax on the total value of the plan? ... Who is responsible for calculating a company's plan value and tax liability ... What should employers do if they think their plan will be subject to the Cadillac Tax? ... Why offer supplemental benefits?" (Unum)

FMLA Status Provided No Protection from Firing for Poor Performance
"Just because an employee requests or is granted FMLA leave does not grant the employee any greater protection against termination or other discipline for reasons unrelated to the FMLA leave ... In this case, the company's clear and convincing documentation of the employee's errors was a major factor in court's determination that there was no pretext in the termination decision." [ Burciaga v. Ravago Americas LLC , No. 14-3020 (8th Cir. July 2, 2015)] (Thompson SmartHR Manager)

Using HRAs to Pay Insurance Premiums: Proposed Legislation Aims to Bring Back Popular Obamacare Workaround
"The Small Business Health Relief Act would allow some firms to use stand-alone HRAs, plans that contributes un-taxed money an employee can use to pay for insurance premiums.... Specifically, the bill would: [1] Ensure small businesses and local municipalities with fewer than 50 employees are allowed to continue using pre-tax dollars to give employees a defined contribution for healthcare expenses; [2] Allow workers to use HRA funds to purchase health coverage on the individual market and for qualified out-of-pocket medical expenses if the employee has qualified health coverage; and [3] protect employers from being financially penalized for providing this cost-sharing option to employees." (HR Benefits Alert)

Health Plan Trends: Costs and Strategies for Containment (PDF)
9 pages. "Health care cost is a significant burden for most employers. Employers primarily control cost by shifting cost to employees through plan design or increased employee contributions. At some point, employers may also want to consider other strategies to control cost. New tools may soon be available to help. These could include: [1] Population health management. [2] Payment based on episodes of care or reference-based pricing. [3] Alternative care delivery options, with a focus on the least costly venue, such as telemedicine." (Marsh & McLennan Agency LLC)

Supreme Court Same-Sex Marriage Ruling Likely to Require More Changes to Benefit Plans and Payroll Practices (PDF)
"[The authors] are expecting some states to provide express guidance regarding when an employer may and/or must stop imputing income (including possibly on a retroactive basis) with respect to employer-paid same-sex spousal coverage. In the absence of such guidance, it appears employers should cease imputing income on a prospective basis in light of the Court's holding.... Claims for retroactive benefits may emerge or increase as a result of the Court's holdings in Windsor and Obergefell." (Groom Law Group)

Action Steps for Automotive Employers After Supreme Court Repudiates Vesting Presumption for Retiree Health Care
"In the past, automotive employers have avoided modifying or eliminating these benefits due to fear of protracted and expensive litigation.... Given the more favorable environment for changes or elimination of legacy retiree health care benefits, here are some practical strategies employers can use to eliminate vesting and control the duration and cost of retiree health care benefits.... Plan document/summary plan description ... Collective bargaining strategies ... Settlement strategies ... HRA for future retirees only" (Warner Norcross & Judd LLP)

Health Insurers' Merger Mania on Hold?
"There is no precise news that suggests why investors are less confident that these deals will proceed. Some market watchers suggest that any one of them could be disrupted by another large insurer, especially UnitedHealth Group making a bid for one of the acquirers. That is certainly plausible. However, it is more likely that investors have decided that the risk lies in the regulatory and political realm." (National Center for Policy Analysis Health Policy Blog)

Benefits in General; Executive Compensation

[Guidance Overview]

IRS Proposes to Simplify Tax Return Filing Process for Section 83(b) Elections (PDF)
"Under the proposed regulations, taxpayers would no longer have to file the section 83(b) election twice: the second filing -- with the ir annual tax returns -- would be eliminated. Eliminating the 'filing with return' requirement will permit taxpayers to file their annual tax return with most commercially available electronic tax return preparation programs." (Morrison Cohen LLP)

Arbitration of ERISA Claims: Yes, You Can! (PDF)
"The endorsement of arbitration of ERISA claims means that employers may want to consider implementing a mandatory arbitration policy that covers all workplace-related causes of action, including ERISA claims. This article ... highlights some of the key issues." (Jackson Lewis P.C., via Bloomberg BNA Pension & Benefits Daily)

Third Circuit Rules That Actual Harm Needed for Monetary Equitable Remedy
"The Third Circuit ... [noted] that '[c]laims demanding a monetary equitable remedy ... require the plaintiff to allege an individualized financial harm traceable to the defendant's alleged ERISA violations.' ... [The Court] held that a diminution in Plan assets was insufficient for standing purposes absent individualized harm, which [the plaintiff] could not show because he had received all required distributions. As a result he suffered no financial harm traceable to the alleged ERISA violation.... [T]he Court dismissed as unsupported [the plaintiff's] argument that he did not need to prove an individualized injury insofar as he sought monetary equitable remedies on behalf of the Plan." [ Perelman v. Perelman , Nos. 14-1663, 14-2742 (3d Cir. July 13, 2015)] (Proskauer's ERISA Practice Center)

Eleventh Circuit Decision Illustrates Hurdles Plaintiffs Face in ERISA Statutory Penalty Claims
"We see plaintiffs asserting an ERISA claim for statutory penalties more frequently now. These claims seek statutory penalties (up to $110 per day), alleging the plan administrator 'fail[ed] or refus[ed] to comply with a request for information' by the beneficiary. 29 U.S.C. 1332(c)(1). How easy is it for plaintiffs to win a statutory penalty claim for failing to provide information? Not all that easy." [ Smiley v. Hartford Life and Accident Insurance Co. , No. 15-10056 (11th Cir. July 17, 2015; unpub.).]" (Lane Powell PC)

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