Health & Welfare Plans Newsletter

September 15, 2015

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Account Manager
National Retirement Services, Inc.
in NC

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Beneco
in AZ

Business Success Executive
Betterment
in NY

Retirement Plan Administrator
Actuarial Consultants, Inc.
in CA

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San Diego Pension Consultants
in CA

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Webcasts and Conferences

Taxability of Fringe Benefits - Part 2: Commonly Provided Fringe Benefits
RECORDED
(IRS [Internal Revenue Service])

Taxability of Fringe Benefits - Part 3: Other Compensation and Payments to Employees
RECORDED
(IRS [Internal Revenue Service])

Public Health Exchanges and Consumer Engagement: Deloitte Research and Perspectives
September 23, 2015 WEBCAST
(Healthcare Web Summit)

Advanced Investments Management
September 29, 2015 in PA
(International Foundation of Employee Benefit Plans [IFEBP])

Tech Topics: Compliance and Reporting for IRAs with Hard-to-Value Assets
September 30, 2015 WEBCAST
(PenServ Plan Services, Inc.)

What the Healthcare Law Means for your Small Business
October 1, 2015 WEBCAST
(U.S. Small Business Administration [SBA])

Open Enrollment 2016 and More!
October 6, 2015 WEBCAST
(American Bar Association [ABA])

ACA Best Practices: Making Sense of Annual Health Care Reporting & Strategic Employee Communications
October 8, 2015 WEBCAST
(HR.com)

Meeting the Challenges: Leaves, Health Issues and Accommodations
October 8, 2015 in NC
(Littler Mendelson)

ERISA Workshop
October 13, 2015 in IL
(SunGard Relius)

Making Plan Committee Meetings Truly Work ? Workshopping Real Problems with Real Solutions
October 13, 2015 WEBCAST
(EACH Enterprise)

Advanced Plan Design Workshop
October 14, 2015 in IL
(SunGard Relius)

Certificate in Global Benefits Management
October 19, 2015 in CA
(International Foundation of Employee Benefit Plans [IFEBP])

View All Webcasts and Conferences


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[Official Guidance]

Draft of 2015 Instructions for IRS Form 990-T: Exempt Organization Business Income Tax Return (PDF)
29 pages. "What's New: [1] Section 179D deductions. The energy efficient building deduction under the provisions of section 179D has expired for property placed in service after December 31, 2014. You cannot claim a deduction expense in Part II, on line 28, for property effective January 1, 2015. [2] Qualified specified payments. The exclusion from unrelated business taxable income for qualifying specified payments under section 512(b)(13)(E) has expired after December 31, 2014. You cannot claim the qualifying specified payments effective January 1, 2015" [Also available: Draft of 2015 Form 990-T: Exempt Organization Business Tax Return (Internal Revenue Service [IRS])


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[Official Guidance]

Automated Enrollment for ACA Providers: The Externals Guide (PDF)
55 pages; version 1.0.4. "The purpose of this document is to describe the User Interface (UI) for the [Automated Enrollment (AE)] for ACA Providers Application ... This guide provides instructions on how to enroll and maintain [Application to Application (A2A)] Client Application Systems using the Integrated Enterprise Portal (IEP). Its scope is limited to the ACA functionality of the AE Application." (Internal Revenue Service [IRS])

[Guidance Overview]

ACA Reporting Requirements for Carriers and Employers (Part 9 of 24): What Exactly Is a '4980H(b) Limited Non-Assessment Period' -- And Why Is There No '4980H(a) Limited Non-Assessment Period'?
"The Affordable Care Act's reporting rules -- which are set out in Internal Revenue Code Sections 6055 and 6056 -- solicit the information needed by the [IRS] to enforce the individual and employer shared responsibility rules and to support the proper administration of premium tax subsidies. Occasionally, the reporting rules also manage to shine a light into the substantive workings of the statute. This is the case with the Form 1095-C, Part II, Line 16, Indicator Code 2D (Employee in a section 4980H(b) Limited Non-Assessment Period)." (Mintz Levin)

[Guidance Overview]

Second IRS Cadillac Tax Notice Requests Comments by October 1
"For purposes of the excise tax, the term 'applicable coverage' includes coverage under certain HSAs, health flexible spending accounts (FSAs) and health reimbursement arrangements (HRAs).... The IRS is contemplating an approach under which contributions to such account-based plans would be allocated on a pro rata basis over the plan year.... The IRS requested comments on this approach, as well as any suggested alternatives.... The IRS is proposing a safe harbor for health FSA carryovers that would avoid the double counting of employee salary reduction amounts from one year to the next." (Towers Watson)

[Guidance Overview]

New HHS Rules Will Provide Greater Protections Against Gender Identity Discrimination
"[T]he proposed rule only applies to entities receiving federal funds. It remains to be seen how this rule might more directly impact employers that do not receive federal funds. Specifically, these employers might still be impacted if they sponsor a group health plan administered by a TPA that also separately issues policies on the Health Insurance Marketplaces (most major TPAs do). To the extent the employer's plan includes a blanket exclusion for medical costs associated with gender transition services, the TPA may require the employer to remove that exclusion, in light of the restrictions imposed on the TPA by Section 1557." (Seyfarth Shaw LLP)


[Advert.]

Register for NBCH's 20th Annual Conference, Nov. 16-18 in Dallas

Sponsored by National Business Coalition on Health [NBCH]

This must-attend event convenes employers, health plans, providers, business health coalitions and other key stakeholders focused on the future of health care and benefits. Free admission for employers that are members of an NBCH coalition. Join us.



[Guidance Overview]

Obama Issues Executive Order Requiring Federal Contractors to Provide Mandatory Sick Leave
"Starting in 2017, the Order will apply to new contracts, contract-like instruments, and solicitations.... [F]ederal contractors may wish to start planning ways to track sick leave used and prepare to revise and reconcile leave policies to reflect the new requirements. Federal contractors should also begin thinking about how the new sick leave requirement will factor into pricing their bids for federal contract work, and how to staff projects to account for the sick leave." (Morgan Lewis)

HHS Inspector General Report on CMS Management and Oversight of Contractor Performance for the Federal Marketplace
"[OIG] reviewed 20 of 62 contracts that [CMS] identified as awarded for the development, implementation, and operation of the Federal marketplace to determine the contract requirements for monitoring and overseeing contractor performance. Contracting officers and contracting officer's representatives did not always manage and oversee contractor performance as required by Federal requirements and contract terms. CMS did not always comply with Federal regulations regarding designation and certification requirements for contracting officer's representatives. Also, contracting records did not always include all critical contract deliverables and other management and oversight documentation." (Office of Inspector General [OIG], U.S. Department of Health and Human Services [HHS])

IRS Requests Comments on Minimum-Value Standards
"Why is minimum value important? Taxpayers may claim the premium tax credit for enrolling in coverage through an Exchange only if they are not eligible for minimum essential coverage other than through the individual market. Minimum essential coverage includes coverage under an eligible employer-sponsored plan, which is affordable and provides minimum value. And, of course, employers that offer coverage which is not affordable or does not provide minimum value will be subject to a penalty if one or more of their full-time employees receive a premium tax credit." (HighRoads)

$750,000 HIPAA Settlement Reinforces Need to Be Proactive (PDF)
"Phase 1 of [the OCR] HIPAA audits ... identified various areas of frequent noncompliance with HIPAA standards, including: risk analysis and risk management, individual access and access control, the reasonable safeguards requirement (including encryption and decryption), device and media controls, transmission security, training, and content and timeliness of breach notifications. OCR indicated that these non-compliance areas would form the foundation of the Phase 2 audits. The alleged deficiencies for which the recent fine was imposed fall squarely within the Phase 2 priorities" (Epstein Becker Green)

Benefits in General; Executive Compensation

[Guidance Overview]

Highlights of the SEC's Proposed Clawback Rule
"Which companies are affected? ... Who is an executive officer? ... What triggers a clawback? ... What time period of compensation is subject to recovery? ... How much incentive-based compensation is subject to recovery? ... Which types of compensation are not subject to recovery? ... What is the consequence of non-compliance? ... When would companies have to comply? ... What is the practical impact at this stage?" (Ogletree Deakins)

Press Releases

Great-West Introduces HelloLife, a Holistic Retirement Income Program Great-West Life & Annuity Insurance Company

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