401(k) Plan Administrator/Consultant
Compass Retirement Consulting Group
in NH, Telecommute

National Accounts Transition Manager
Transamerica
in IA, MA, NY

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Northern California Compliance Roundtable (morning session)
July 31, 2018 in CA
OneDigital Health and Benefits

Networking at the Pub
August 2, 2018 in IL
Worldwide Employee Benefits Network [WEB] - Chicago West Chapter

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Transportation Fringe Benefits Provided by Non-Profits Are Now Taxable

"The impact of this new provision will effectively create unrelated business taxable income subject to a flat unrelated business income tax (UBIT) of 21%. This applies even when the organization has no unrelated trade or business and is paying these specific fringe benefits to employees who are conducting the charitable activities of the organization." EisnerAmper

New ERISA Regulations for Disability Claims and Appeals

August 13 webinar will explain what new practices to follow, how to change past practices to become compliant with the new regulations, and the risks of non-compliance. Discount for BenefitsLink readers .

ERISA and Medicare Part D Preempt Arkansas Law Regulating Pharmacy Benefits Managers

"The Eighth Circuit has ruled that both ERISA and Medicare Part D preempted an Arkansas law that sought to govern the conduct of pharmacy benefits managers by mandating that pharmacies be reimbursed for generic drugs at a price equal to or higher than the pharmacies' cost for the drug." [ Pharmaceutical Care Mgmt. Association v. Rutledge , No. 17-1609 and 17-1629 (8th Cir. June 8, 2018)]
Wolters Kluwer Law & Business

Capgemini to Pay $1M to Settle Continued Health Coverage Lawsuit

"A lawsuit filed in 2016 by two Indian former employees of [Capgemini North America Inc.] alleged that the company violated [COBRA] by failing to notify workers of their right to continue health insurance coverage when they were transferred back and forth between the U.S. and India. The workers said the transfer was an employment termination, which should have prompted the company to provide COBRA benefits." Bloomberg BNA

New Mexico Health Connections to Appeal Portions of Risk Adjustment Ruling Regardless of Pending Decision

"[CMS] has asked the court to reconsider its decision to remand part of the formula that relies on statewide average premiums, but the insurer remains concerned about several other aspects of the program. New Mexico Health Connections will focus its appeal on alleged 'estimation bias' that the insurer claims unfairly penalizes small insurers and cheaper bronze plans." FierceHealthcare

States' Lawsuit Over Cost-Sharing Reductions Is Dismissed

"The states had asked the judge to stay their own litigation or dismiss the case in a filing on July 16th.... They did not want to disturb the new 'status quo' that has resulted from silver loading, a practice which had 'mostly curbed' the harm that could have otherwise resulted from the Trump administration's decision to halt CSR payments." [ California v. Trump , No. 17-5895 (N.D. Cal. July 18, 2018)]
Katie Keith, in Health Affairs

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What Are Your Health Insurance Options If You Retire Before Medicare?

"If you think COBRA is a likely option, reach out to your benefits department to find out how much it costs today.... If you have an HSA, make sure you're maxing out your contributions to the account now ... By investing in accounts like Roth 401ks and IRAs, you can lower the amount of taxable income you generate in a year when you withdraw from these accounts. This may help you to qualify for Healthcare Exchange subsidies and will eventually allow you to keep your Medicare premiums down as well." Financial Finesse

Why a 'Wrap' Plan Document? What Welfare Benefit Plan Sponsors Need to Know

"Oftentimes, plan sponsors look to their insurance company policy or contract as their plan document, but ... the documents are almost always incomplete by ERISA standards.... For ERISA purposes, the wrap plan document fills in the compliance gaps where coverage documents fall short. Adopting a wrap plan document enables the plan sponsor to collapse Form 5500 filings ... into a single filing, thus eliminating much of the form preparation time and expense and the potential for multiple late-filing penalties." Findley

So, You Think You Have a Strong Severance Agreement?

"How do employees convince a judge to invalidate a release agreement that they signed? Mainly by demonstrating that the employer coerced the employee into signing, or otherwise put the employee under duress.... While it may be tempting to add language to the agreement that would seem to prevent the employee from filing claims with government agencies, employers should tread lightly.... valid and enforceable severance agreement, like any contract, requires adequate consideration." HR Daily Advisor

Sixth Circuit Grants Benefits Based on SPD Language, Despite Exclusionary Clause in the Plan, on the Grounds of Equitable Estoppel

"[T]he SPD omitted an exclusionary clause contained in the Plan document itself, which said that an employee who was terminated was ineligible for the early retirement supplement.... [T]he Sixth Circuit Court of Appeals reversed the district court's grant of summary judgment to the Plan on Pearce's request for reformation, [and] affirmed summary judgment on Pearce's request for equitable estoppel under which the provisions of the SPD would be applied." [ Pearce v. Chrysler Group LLC Pension Plan , No. 17-1431 (6th Cir. June 20, 2018)]
Cary Kane ERISA Lawyer Blog

Participant Is Entitled to Deferred Compensation Benefits Despite Termination for Refusal to Transfer Positions

"Defendants argued that Peck was an at-will employee without any employment contract assigning him to a specific position or specific duties so the company could direct him to perform whatever duties it chooses. Thus, his refusal to accept the new position constitutes a 'refusal to perform' the 'material duties and obligations' of his employment. The Court determined that Defendant's interpretation of the Plan is incorrect because it is incompatible with the terms of the Plan and 'upsets the parties' reasonable expectations about the duties of a person's employment with the company.' It would require an at-will employee's 'material duties and obligations' to be completely unconnected to his or her current position." [ Peck v. SELEX Systems Integration, Inc. , No. 17-7138 (D.C. Cir. July 17, 2018)]
Kantor & Kantor