Experienced Attorney - Labor & Employment Law
von Briesen & Roper
in WI

Administration Assistant
The Allocation Company, Inc.
in TX, Telecommute

Sr. Sales Consultant (financial services)
Ascensus
in NV

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15th Annual Employee Benefits Symposium: Designing a Wellness Program
April 20, 2018 in IL
Center for Tax Law and Employee Benefits at The John Marshall Law School

Communication Strategies for a Successful Renewal
May 1, 2018 WEBCAST
University Conference Services

CBA / ABA / IPEBLA Global Pension and Employee Benefits Lawyers Conference
June 10, 2018 in MA
American Bar Association Joint Committee on Employee Benefits [JCEB]

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Employer Credit for Paid Family and Medical Leave Under 2017 Tax Reform
"[The IRS recently] issued FAQ guidance addressing the employer credit for paid family and medical leave added under tax reform (Section 45S of the Internal Revenue Code). In many respects, the FAQs track requirements for the tax credit established under the tax reform statute, though the FAQs also identify topics for which the IRS plans to issue additional guidance in the future."
Thomson Reuters Practical Law

ftwilliam.com -- Enhanced Welfare Documents Module!

Recent enhancements to our Welfare Plan Documents package provide additional features to our Cafeteria and POP Plan Docs. This includes extensive new options and a new Individually Designed Plan formatted version of the Cafeteria Plan. Learn more!

IRS Updates Employer Guide For 2018 Tax Changes To Fringe Benefits (PDF)
"IRS Publication 15-B confirms that the loss of the employer deduction for qualified transportation benefits also applies to pre-tax salary deferrals by employees for qualified parking, commuter expenses or transit passes."
Cowden Associates, Inc.

Employers Embracing Cost-Shifting Alternatives
"Midsize employers considered best in class were more inclined to invest in employee wellness (63% vs. 54%) and disease management (45% vs. 31%) than others of comparable size.... They also were less likely to increase deductibles, copays or coinsurance overall (41% vs. 55%). The same was true in terms of raising employee contributions to health plan premiums (43% vs. 57%)."
Voya

New York State Settlement of Data Breach with Health Plan Includes HIPAA Compliance Undertones
"While the Health Information Technology for Economic and Clinical Health Act [HITECH] granted state attorneys general the authority to enforce HIPAA through civil actions brought on behalf of state residents, until now this authority has not been publicly invoked to any noteworthy degree. The EmblemHealth case is an important reminder that covered entities and business associates, in addition to complying with HIPAA, must also ensure that they abide by state privacy laws that prohibit the improper disclosure of certain personal information."
Akerman

California Paid Sick Leave Notice Requirements: Why Employers Should Still Be Nervous
"California's Healthy Workplaces, Healthy Families Act [HWHFA] ... requires employers to provide paid sick leave to nearly all California employees.... [T]he defense bar interpret [the statutory] language as expressly precluding representative actions under California's Private Attorney General Act of 2004 (PAGA) ... The plaintiffs' bar, in contrast, interpret this language as expressly authorizing PAGA actions. With employers across the state being hit with standalone PAGA claims for purported violations ... some guidance is long overdue."
Bloomberg BNA

Appealing Massachusetts Employer Medical Assistance Contribution Supplement Determinations Based on ConnectorCare Coverage
"The Massachusetts Department of Unemployment Assistance (DUA) has begun assessing Employer Medical Assistance Contribution (EMAC) supplemental payments for the first quarter. This [article] proposes a grounds for appealing DUA determinations that would serve employers well: employers that offer affordable, major medical coverage to their employees should not be assessed an EMAC supplement for any full-time employee who has coverage under ConnectorCare. The [ACA] makes these employees ineligible for subsidized coverage."
Mintz Levin

Proposals for Insurance Options That Don't Comply with ACA Rules: Trade-Offs in Cost and Regulation
"Each of these proposals follows a similar theme. Creating parallel insurance markets with different, lesser consumer protections, allows insurers to offer lower premiums and less coverage to people while they are healthy, leaving the ACA-regulated market with a sicker pool and higher premiums. Once repeal of the ACA individual mandate penalty takes effect in 2019, the net cost differential between regulated and less-regulated coverage will be even greater."
Henry J. Kaiser Family Foundation

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Fiduciary Liability for Signing Form 5500?
One of the newest marketing techniques I am running into is where an "independent expert" come in and says to the firm's controller that by signing Form 5500 for the firm you are exposing yourself to a personal liability, including making yourself a fiduciary. I note that the plan document does include language that fully indemnifies any individual acting as an agent for the plan sponsor. Anyone have any comments on this practice?
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The Retirement Advantage, Inc. Acquires Markley Actuarial Services, Inc. The Retirement Advantage [TRA]

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