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The Standard
in OH, OR

Employee Benefits Paralegal
Reinhart Boerner Van Deuren s.c.
in WI

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Best Best & Krieger LLP
in CA

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COBRA Notice Pitfalls: The Top 10 Mistakes To Avoid To Ensure Compliance And Reduce The Risk Of Costly Legal Liability
December 12, 2018 WEBCAST
HRTrainingCenter.com

Utilizing Opt-Out Incentives to Cut Health Care Costs
January 29, 2019 WEBCAST
Lorman Education Services

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Text of 2018 Instructions for IRS Form 8885: Health Coverage Tax Credit (PDF)

"You can elect to take the HCTC only if (a) you were an eligible TAA, ATAA, or RTAA recipient or PBGC payee in 2018; or you were the qualifying family member of an eligible TAA, ATAA, or RTAA recipient or PBGC payee who passed away or finalized a divorce with you ... (b) you can't be claimed as a dependent on someone else's 2018 tax return; and (c) you met all of the other conditions listed on line 1." Internal Revenue Service [IRS]

Expand Your Education with a Preconference at HBCE

The Health Benefits Conference & Expo (HBCE) is excited to offer three preconference options this January. Preconferences are a great way to add to your educational experience! Register early , preconference sessions sell out consistently.

Text of 2018 IRS Form 8962: Premium Tax Credit (PDF)

"Attach to Form 1040 or Form 1040NR.... You cannot take the PTC if your filing status is married filing separately unless you qualify for an exception (see instructions). If you qualify, check the box." Internal Revenue Service [IRS]

Massachusetts Employers Must File a Health Insurance Responsibility Disclosure Form by November 30

"New guidance issued by the Massachusetts Department of Revenue requires Massachusetts employers with six or more employees to file an annual health insurance responsibility disclosure (HIRD) form. The form became available on November 1, and must be submitted by November 30 of this year and each year subsequent."
Littler

Newly Created Massachusetts Agency Issues First Guidance On Paid Leave Law

"[T]he newly created Department of Family and Medical Leave (DFML) just launched its website and issued its first guidance documents.... [T]he July 1, 2019 date for starting contributions looms in the not-too-distant future, while benefits under the paid leave programs will begin in January 2021.... In its first action, the DFML delivered two sets of frequently asked questions, one set for employers and another for employees ."
Fisher Phillips

2019 FSA Limits Raised -- But Open Enrollment Is Over: Now What?

"Employers generally cannot wait until halfway through November to finalize their open enrollment information, and they generally do not want to rely on the expected changes.... However, ... there is likely to be an employee or two who wants to wring the greatest tax savings possible out of their plan ... The first option is to do nothing.... The second option would be to reopen the enrollment process and let the employees who want to increase their FSA election do so.... [F]or the second option to work, it must be completed before the beginning of the year (e.g., Dec. 31 for a calendar year plan)." Lockton

Now is a great time to join Worldwide Employee Benefits Network (WEB)

Worldwide Employee Benefits Network helps me connect with thought leaders in the Benefits Industry. Join WEB today at www.webnetwork.org .

Signals of Stringent Employer Mandate Enforcement Continue with 2016 Letters 226J

"The 2016 Letter 226J presents a more challenging appeals landscape as many of the transition relief provisions that existed in 2015 no longer exist.... Adding to the complications is the list of names on the Form 14765 also appear to be more extensive ... All these factors will make any appeal more time consuming.... [It] is possible that the corrupt data submitted to the IRS caused the IRS to place more scrutiny on the employer's Forms 1095-C.... [T]he accuracy of the codes submitted to the IRS matters when the IRS is proposing penalties through the Letter 226J." Accord

Austin, Texas Earned Sick Time Ordinance on Life Support After Court Ruling

"The appellate court's ruling has effectively blocked the ordinance from taking effect during litigation and will give the Texas Legislature an opportunity to enact legislation to prevent it from ever taking effect.... It is becoming more and more unlikely that the Austin ordinance will take effect in the near future.... The nearly identical San Antonio ordinance, set to go into effect on August 1, 2019, is not the subject of any lawsuit, but is likely to share the same fate as the Austin ordinance." [ Texas Ass'n of Business, et al. v. City of Austin , No. 3-18-00445-CV (Tex. 3d App. Nov. 16, 2018)]
Littler

Impact of New Regs Broadening Employer Exemptions to Contraceptive Coverage

"[H]ow many employers who were not eligible for either the exemption or accommodation under the old regulations will now seek an exemption is unknown, as is the number of employers previously utilizing the accommodation who will now opt for an exemption (resulting in the loss of contraceptive coverage for their employees and dependents). HHS estimates that the cost of losing contraception is $534 per woman per year." Henry J. Kaiser Family Foundation

Administration Finalizes Rules Exempting Health Plans from ACA's Contraception Mandate

"Employers wishing to avail themselves of either the religious or moral exemption will want to ensure their objections are documented.... Objecting employers whose plans are subject to state insurance laws (e.g., insured plans and, in some states, self-funded plans not subject to ERISA) will also need to consider state contraceptive mandates and exemption procedures that may limit the employers' ability to avail themselves of the federal exemption." Lockton

Text of EBSA FAQs for Participants and Beneficiaries Following the 2018 California Wildfires (PDF)

22 Q&As covering health and retirement plan benefits, including: [1]  I think I may lose my health coverage because of the 2018 California Wildfires. How can I obtain other health coverage? ... [2] I lost my spouse in a wildfire. My spouse's employer has agreed to pay the premiums for my health coverage for 12 months. Will that affect my future eligibility for continuation health coverage under COBRA? ... [3] My employer did not pay my insurance premium. May I pay the premium to continue my coverage? ... [4] How can I make changes in the way my 401(k) plan account is invested if it was affected by the wildfires? ... [5] Can I get money out of my retirement plan if I need financial assistance now? ... [6] All of the records concerning my employment with the retirement plan sponsor and my participation in the retirement plan were destroyed as a result of the wildfires. What do I do? Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Benefits Communications Shouldn't Stop After Open Enrollment Ends

"By segmenting communications -- using the data that you have after open enrollment is complete -- you can make your messages more applicable and valuable.... [D]ocument the questions that are raised outside the large group settings and reshape the language to fit a broader audience.... The goals of a Total Rewards Statement often include that it's cost-effective; it's personalized with accurate information; and it's tailored for the unique programs offered in each part of the organization." Findley

Atrium Health Accused of Cheating Staffers on Health, Pension Benefits

"Atrium employs more than 65,000 people across three states. The lawsuit alleges that Atrium has cheated those employees by skirting ERISA laws, which require employers to set aside minimum amounts to cover pensions. Atrium accomplished this by falsely claiming it is a governmental agency, according to the lawsuit." Modern Healthcare Online; free registration required

Press Releases

Mercer Completes Acquisition of Summit Strategies Group Mercer

UBS Equity Plan Advisory Services (EPAS) Launches Robust, Financial Wellness Digital Content Offering UBS

Pentegra Expands Availability of its 403(b) MEP to Advisors Nationwide Pentegra Retirement Services

Transamerica Hires Mid-Market Retirement Plan Distribution Roles Transamerica

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Most Popular Items in the Previous Issue

Text of IRS Notice 2018-88: Section 4980H -- Shared Responsibility for Employers Regarding Health Coverage, and Section 105 -- Amounts Received Under Accident and Health Plans (PDF) Internal Revenue Service [IRS]

IRS Notice 2018-89: Leave-Based Donation Programs (PDF) Internal Revenue Service [IRS]

IRS Updates Health and Fringe Benefit Plan Limits Kilpatrick Townsend