Health & Welfare Plans Newsletter

June 28, 2018

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401(k) Administrator
Capital Retirement Plan Services, Inc.
in PA

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Nicholas Pension Consultants
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Nicholas Pension Consultants
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Garcia Wealth Management Group
in CA, Telecommute

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Associated Pension Consultants
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The Single Platform Advantage for Insurance Carriers
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Benefitfocus

Employee Benefits Roundtable Series: Compliance Update
July 17, 2018 in OH
Thompson Hine LLP

Executive Compensation National Institute 2018
November 8, 2018 in DC
American Bar Association Joint Committee on Employee Benefits [JCEB]

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[Guidance Overview]

Final Association Health Plan Regs Provide Opportunity for Small Employers ... Maybe

"[We] now know that the DOL does not intend to alter existing ERISA preemption rules, which authorize State insurance regulation of AHPs ... We now also know that existing AHPs that meet current sub-regulatory guidelines to be considered an AHP do not need to satisfy these new rules to maintain that AHP status. The nondiscrimination provisions in the new rule also limit the opportunity for new AHPs to engage in risk selection by effectively eliminating the ability to medically underwrite individual employer members." Porter Wright Morris & Arthur LLP

[Guidance Overview]

MEWAs and AHPs: What You Need to Know About the Association Health Plan Final Rule

"This Legal Alert provides brief background on the Final Rule's single-employer AHP criteria, and includes a chart that outlines some of the key differences between the requirements for MEWAs, single-employer AHPs established pursuant to existing guidance, and single-employer AHPs according to the alternative criteria established under the Final Rule." Eversheds Sutherland

[Guidance Overview]

Big Changes Coming for Massachusetts Employers: Paid Family and Medical Leave

"[The law] creates the state's first paid family and medical leave requirement, with the first payouts beginning on January 1, 2021. The leave may be used for bonding with a newborn child (or child placed for adoption) within 12 months of the birth or adoption, as well as a qualifying exigency related to a family member's service in the armed forces. Medical leave is available to care for an employee's own serious health condition or that of a family member. While largely based on the federal [FMLA], the Massachusetts statute is much broader in many respects[.]" Fisher Phillips

New Association Health Plans: Effect on the Washington State Group Health Market

"AHPs [in Washington State] have been allowed to experience-rate between employers and charge different premiums based on their claims history or other underwriting factors. The new regulation makes clear that AHPs formed under prior guidance do not have to comply with the same rules as AHPs formed under the new regulations -- in particular the nondiscrimination rule. In Washington, it will be business as usual for AHPs formed under prior DOL guidance[.]" Davis Wright Tremaine LLP

Sixth Circuit: No Lifetime Health Care Benefits for Honeywell Retirees

"Reversing a district court's conclusion that Honeywell retirees were entitled to lifetime health care benefits, the Sixth Circuit ... noted that ... because the language of the collective bargaining agreements was clear, there was no need to look to extrinsic evidence ... [T]he CBAs specifically provided for lifetime health care benefits to surviving spouses and dependents, but did not provide such lifetime benefits to retirees themselves." [ Fletcher v. Honeywell International, Inc. , No. 17-3277, (6th Cir. June 8, 2018)]
Wolters Kluwer Law & Business

Social Security Cost Estimates for S. 3147, the Social Security Administration Fairness Act (PDF)

"[T]he proposal would make both Social Security monthly benefits and Medicare coverage available beginning with the first full month after the onset of disability.... [E]limination of these waiting periods ... would increase (worsen) the long-range OASDI actuarial deficit by 0.17 percent of taxable payroll, and would increase the annual deficit for the OASDI program by 0.19 percent of payroll for 2091." Office of the Chief Actuary, U.S. Social Security Administration [SSA]

The Individual Mandate is Gone. So Who's Dropping Coverage?

"When [a recent] survey asked adults whether they would drop coverage when the individual mandate tax penalty is repealed, 5% of those with employer insurance said they would.... It's perhaps more concerning that 9% of those getting their insurance through the individual market said they intended to drop coverage[.]" Mercer

Executive Compensationand Nonqualified Plans

Tax Reform Developments: Making Provisions For Individuals Permanent, Capital Gains Indexing

"The provisions in the [TCJA] that changed individual taxation and affect stock compensation are all scheduled to end after 2025 ... Republicans in the House of Representatives plan to vote on making the provisions permanent (Tax Reform 2.0), ... The legislation may also include some favorable tax changes related to retirement plans and may increase the amount of tax-free benefits companies can provide for education assistance and student-loan repayment[.]" myStockOptions.com

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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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