Health & Welfare Plans Newsletter

March 27, 2018

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Jobs

Daily Valuation Specialist
TWG Benefits, Inc.
in IL, Telecommute

Regional Sales Director
Ameritas
in OR, WA

Plan Administrator
Newport Group
in CA, FL, TX, VA

Director of Retirement Plan Compliance Services
Newport Group
in IL

Associate Attorney
Sullivan, Ward, Asher & Patton, P.C.
in MI

Compliance Services Specialist
ABG Retirement Plan Services
Telecommute

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[Guidance Overview]

April 2 Filing Deadline Rapidly Approaching for Forms 1094-C and 1095-C -- Here's How to Get More Time
"The deadline to electronically file the 2017 Forms 1094-C and 1095-C with the IRS is March 31, 2018 (it is actually April 2, 2018 because March 31, 2018 is a Saturday).... [T]he employer may receive an automatic 30-day extension by filing a Form 8809 with the IRS [by the] April 2, 2018 due date. To receive the automatic 30-day extension, it is critical the employer files the Form 8809 before the original due date. The good news is the Form 8809 is simple to complete."
Accord

[Advert.]

SALGBA National Conference for public sector benefit professional

Sponsored by SALGBA [State and Local Government Benefits Association]

The SALGBA National Conference will be held April 29 ? May 2, 2018 in Jacksonville, FL. More information please visit the SALGBA website .


Reducing the Burden and Increasing the Effectiveness of Mandated Disclosures with Respect to Employment-Based Health Benefit Plans in the Private Sector (PDF)
34 pages. "[T]he Council ... developed recommendations of less burdensome and more effective methods to deliver the SAR information, the annual notices and the SPD content, including a model of a short quick reference guide as part of the SPD to illustrate a potential safe harbor approach for the Department to consider to satisfy the SPD distribution rules.... [B]ecause many witnesses commented on electronic communications, the Council summarized this commentary as an appendix for future consideration."
Advisory Council on Employee Welfare and Pension Benefit Plans, Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Part-Time Employee Entitled to Disability Benefits
"LINA argued it based its decision on updated medical evidence reviewed by case managers, an on-staff physician, and an independent board certified clinical neuropsychologist.... Looking at the definition of residual disability in the plan, LINA needed medical evidence to show [the employee] was capable of performing each and every material duty ... on a full-time basis. While LINA had discretion in interpreting and administering the plan, this discretion did not permit LINA to ignore the language of the plan." [ Van Steen v. Life Ins. Co. of North America , Nos. 16-1405, 16-1421 (10th Cir. Jan. 2, 2018)]
McAfee & Taft

Sixth Circuit Affirms Finding That AT&T Did Not Violate Current DOL Disability Claims Regs
"AT&T's welfare benefit plan doesn't owe disability benefits to a worker who said the company violated federal regulations by consulting the same doctor when considering her initial claim and her subsequent appeal. The worker accused AT&T of violating the Labor Department's standards for evaluating disability benefit claims, including a provision prohibiting plan administrators from using the same doctor to evaluate both the initial and appeal phases of a worker's claim for benefits." [ Castor v. AT&T Umbrella Benefit Plan No. 3 , No. 17-3400 (6th Cir. Mar. 26, 2018; unpub.)]
Bloomberg BNA

Stop Loss Markets Putting on the Brakes
"[M]ost stop loss risk managers have been suffering significant losses in the past few years. This can be attributed to an increased number of high cost claimants, newly released specialty medications, and the required removal of lifetime plan maximums ... The result is a hardening of the stop loss market which is producing large renewal increases, selective underwriting, and rigorous claims processing."
Hill, Chesson & Woody

[Advert.]

Employer Health Care Cost & Quality Congress | Washington DC

Sponsored by World Congress

4/29-5/2/2018 in Washington DC. This event brings together Employers, Brokers, and TPAs. Qualified HR & Benefits Professionals may attend as our guest ? See website for details/restrictions & to apply.


[Opinion]

Emergency Room Claims: Self-Diagnose or Pay the Price?
"[O]ne insurer has begun to deny ER claims in [certain states] because of the ultimate diagnosis, instead of basing their determination on the symptoms that caused the member to seek emergency care. Anthem BlueCross BlueShield has defended its policy and says their review of ER claims takes into account 'prudent layperson' laws ... The 'prudent layperson standard' requires that insurance coverage of emergency visits be based upon a patient's presenting symptoms and complaints -- not final diagnosis."
Frenkel Benefits

Benefits in General

[Guidance Overview]

Exempt Organizations Annual Reporting Requirements Filing Procedures: Incomplete Returns
"If an organization's return is incomplete or the wrong return for the organization, the IRS will send it back ... Be sure to: [1] Follow the instructions to provide the missing or incomplete information. We may not have identified everything. It's your responsibility to file a complete and accurate return. [2] Sign your return. [3] Attach a copy of the letter. [4] Include a reasonable cause explanation of why you didn't initially submit all the required information with your return."
Internal Revenue Service [IRS]

What's New in Benefits Administration?
"As dependence on mobile devices increases, many core enrollment solutions are moving from a 'mobile first' mindset to a 'mobile only' approach.... Industry expertise indicates voice recognition will be the next primary factor in app development.... Tying together mobile and AI will be a lynchpin for success. Back to the pharmacy example, by leveraging AI and geolocation you won't have to ask to see your insurance card."
Lockton

A Stock Plan Is Not Necessarily an ERISA Plan
"[The Second Circuit] essentially held that, when the primary purpose of a stock ownership plan was something other than deferring income or providing retirement income, ERISA may not govern. Though the Court asserted that the distinction between a pension plan and one that offered present benefits was 'crisp and unambiguous,' one might be forgiven for harboring doubt that the line is as well-defined as the Court believed.... [T]he Second Circuit adopted the rationale that sometimes the statute should not be construed literally, and it read 'primary purpose' into the definition of employee pension benefit plan." [ Pasternack v. Shrader , No.16-217 (2d Cir. July 13, 2017)]
Robinson & Cole LLP

Executive Compensationand Nonqualified Plans

Comparing CEO Pay Ratios: What the First 200 Filings Show
"[Put] disclosures in context so that differences are framed by labor demographics, company size, CEO compensation and calculation methodology. This may be less important for companies with ratios that are comparable with their peers, but when a significant disparity exists, it is time to focus on the reasons why ... Median pay differences will fluctuate based on company labor models ... Variations in CEO compensation due to special circumstances and transitions ... Flexibility in methodology predictably yielded a wide variety of approaches."
Willis Towers Watson

Selected Discussionson the BenefitsLink Message Boards

Stock Options: Adding Payment Event to Short Term Deferral with Change in Control as Trigger
I'm working with a stock option that is currently a short term deferral because the option only vests upon a CIC. The client now wants to add termination of employment (except for cause) as a payment event. I am pretty sure the subsequent deferral election rules apply here, but the result seems impractical when using the possible CIC as the original payment date. I also see a problem with the prohibition against acceleration of payment, because of course, an employee could terminate before the CIC date. Thoughts?
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Press Releases

National Business Group on Health Elects Two New Board Members National Business Group on Health [NBGH]

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2018 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.

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