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June 13, 2018 in NY
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"[T]his notice provides relief for employers that properly claimed a credit under section 45R for all or part of the 2016 taxable year, or that properly claim the credit for all or part of a later taxable year, but are unable to offer employees a qualified health plan (QHP) through a Small Business Health Options Program (SHOP) Exchange for all or part of the remainder of the credit period ... because the employer's principal business address is in a county in which a QHP through a SHOP Exchange is not available. This notice provides that such employers may calculate the credit for such subsequent portion of the credit period by treating health insurance coverage provided for that portion of the credit period as qualifying for the credit if that coverage would have qualified for the credit under the section 45R rules applicable before January 1, 2014." Internal Revenue Service [IRS]
Details Announced -- Benefit Communication and Technology Institute
Learn the latest about communicating to your plan participants, how to listen to steak holders, ways to interpret the data you have and how to use technology to explain your employee benefit plan. Register by June 11 and save $300.
"The restoration of the $6,900 limit will be welcome news to employers whose health plans contain an HSA. Employers may -- but are not required to -- allow employees to repay any distribution made on the assumption that the reduced limit would apply. Regardless of whether an employee repays that amount, the guidance provides that HSA rules will not cause the employee to be taxed on the amount of the distribution." Ballard Spahr LLP
Who Is Responsible for COBRA Coverage in an M&A Transaction? (PDF)
"The general rule is that the seller is responsible for providing COBRA coverage to M&A Qualified Beneficiaries to the extent that the seller maintains a group health plan.... If the Seller [controlled] Group ceases to maintain any group health plans, then the responsible party depends upon the type of transaction into which the parties are entering: a stock purchase or an asset purchase." Boutwell Fay LLP
"A national physician group is suing Aetna for 'improperly interfering with medical care,' alleging the insurer tried to claw back payments for necessary patient care, furthering accusations that the company fails to review patient charts.... The physician group, with employs 1,750 specialists across 35 states, also raised concerns that the insurer does not review medical charts when evaluating claims payments[.]" FierceHealthcare
Cumulative Out-of-Pocket Health Care Expenses After Age 70
"For those who die at age 95 or later, the median cumulative out-of-pocket expense after age 70 until death is slightly above $27,000.... Nursing home expenses are one of the biggest contributors driving the skewness of the distribution.... For all surveyed people, the median out-of-pocket nursing home expense is zero.... Longevity has a strong positive correlation with nursing home entry, total out-of-pocket health care expenses, and out-of-pocket nursing home expenses. One-in-three of the surveyed retirees are covered by Medicaid after age 70." Employee Benefit Research Institute [EBRI]
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How a Drug Company Under Pressure for High Prices Ratchets Up Political Activity
"As scrutiny rose, Novo Nordisk ... aggressively ratcheted up spending to spread its influence in Washington and to have a louder say in the debates over drug prices.... The pharma industry as a whole has behaved similarly, cranking up political contributions and lobbying.... Pharma businesses overall made political donations of $12.1 million last year, down from a $13.6 million election-year surge in 2016 but 9 percent higher than the haul for 2015 ... Pharma industry lobbying expenses surpassed $171 million last year, the highest level since 2009, during negotiations over the [ACA.]" Kaiser Health News
Benefits in General
"The Treasury Department's Office of Tax Policy and the Service use the Priority Guidance Plan each year to identify and prioritize the tax issues that should be addressed through regulations, revenue rulings, revenue procedures, notices, and other published administrative guidance. The 2018-2019 Priority Guidance Plan will identify guidance projects that the Treasury Department and the Service intend to work on as priorities during the period from July 1, 2018, through June 30, 2019.... Please submit recommendations by June 15, 2018, for possible inclusion on the original 2018 -2019 Priority Guidance Plan." Internal Revenue Service [IRS]
Recent Updates to Medicare and Social Security: Why They Matter (PDF)
"As a direct result of [recent] changes ... a 55-year-old couple each earning $70,000 in 2018 will face the following retirement challenges: [1] The cumulative cost of the delay in Means Testing indexing, combined with the lowering of brackets three through five, will increase their lifetime surcharges by almost $122,000 (over $272,000 in future value). [2] The elimination of 'File Restricted' and 'File and Suspend' claiming strategies will result in the loss of over $36,000 (nearly $78,000 in future value) in potential lifetime Social Security benefits.... If future COLAs are consistent with the latest Social Security Trustee projections (2.6%), the couple will require 123% of their Social Security income to meet their future health care expenses." HealthView
Executive Compensationand Nonqualified Plans
"The Delaware Court of Chancery held ... that a stockholder plaintiff was excused from making a pre-suit demand on the board to pursue his claims that certain compensation payments made to the executive chairman were excessive, because the allegations exposed the board to liability for waste of corporate assets." [ Feuer v. Redstone
, No. 12575-CB (Del. Ch. Apr. 19, 2018)]
Thomson Reuters Practical Law
Selected Discussionson the BenefitsLink Message Boards
Can a 409A Plan Use a More Restrictive Definition of Separation from Service?
I have two related companies but they're not part of a controlled group. The plan says separation from service is determined according to 409A, but a transfer between the companies is not a separation from service. Is that allowed under the regulations? BenefitsLink Message Boards
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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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