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Health & Welfare Plans Newsletter

August 1, 2022

[Official Guidance]

Text of IRS Rev. Proc. 2022-34: 2023 Required Contribution Percentage for Determining Affordable Employer-Provided Coverage (PDF)

"[This] revenue procedure also updates the required contribution percentage in Section 36B(c)(2)(C)(i)(II) for plan years beginning after calendar year 2022 ... This percentage is used to determine whether an individual is eligible for affordable employer-sponsored minimum essential coverage under Section 36B.... For plan years beginning in calendar year 2023, the Section 36B Required Contribution Percentage ... is 9.12%."   MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Upcoming Deadline icon Deadline in Five Months: Prescription Data Reporting Requirement for Health Plans

"Starting in 2022, employer-sponsored health plans must submit prescription drug and healthcare spending information to the Departments annually. Reporting for 2020 and 2021 is due December 27, 2022. Plan sponsors may rely on a third-party reporting entity to submit information on their behalf. Plan sponsors should take steps to ensure that reporting entities are fulfilling their obligations to report."   MORE >>

EPIC

[Guidance Overview]

Agencies Caution Group Health Plans to Ensure Contraception Coverage to Extent Legally Required

"On June 27, 2022, the Departments released a letter encouraging group health plans to fully comply with requirements to cover contraception with no cost-sharing. Under the [ACA], all non-grandfathered individual and group health plans are required to provide preventive services coverage with no cost-sharing. The guidance is clear that medically appropriate or necessary contraception must be fully covered by the group health plan."   MORE >>

EPIC

[Guidance Overview]

Massachusetts Budget Includes Changes to State's Paid Family and Medical Leave Act

"[E]mployees will now have the option to use their accrued paid leave (i.e., sick, vacation, personal leave) to supplement their PFML benefits while on a PFML-qualifying leave. This is a significant change from when the PFML was first enacted, which required employees to choose either PFML partial wage replacement benefits or paid time off while on leave."   MORE >>

Littler

2022 Changes to Michigan's Paid Medical Leave: Back to the Future? Not So Fast!

"[On July 29,] the Michigan Court of Claims issued a stay of its July 19, 2022, decision ... that had reinstated ballot initiatives that would have drastically changed the state's paid medical leave and minimum wage laws. The stay is in place until February 19, 2023. This means that the adopted and amended versions of these laws will remain in place for now."   MORE >>

Ogletree Deakins

Alert (High Risk Issue) icon Eleventh Circuit: De Novo Review of ERISA Benefit Decision Cannot Be Limited to the Administrative Record

"Though everyone agreed that de novo review applied to the court's review of Lincoln's decision, the district court excluded Harris' post-denial evidence ... The Eleventh Circuit found this evidentiary ruling constituted error under Eleventh Circuit precedent." [ Harris v. The Lincoln National Life Ins. Co. , No. 21-13186 (11th Cir. Jul. 29, 2022),]   MORE >>

Roberts Disability Law

The Dobbs Effect: Litigation Over Equal Access to Travel Benefits

"Litigants are challenging as discriminatory under Title VII, employer travel benefits that enable employees to travel in order terminate pregnancies in states where it remains legal. Specifically, litigants have begun to assert that providing travel benefits for the purpose of terminating a pregnancy is unlawful if the employer does not also allow travel benefits for pregnant women who intend to carry their pregnancy to term."   MORE >>

Seyfarth

Employee Benefits Jobs

View job as Retirement Plan Consultant/Relationship Manager
          for Associated Pension Consultants Retirement Plan Consultant/Relationship Manager

Associated Pension Consultants

Remote / Chico CA / Sacramento CA

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          for Associated Pension Consultants

View job as Retirement and Executive Compensation Consultant
          for Retirement Learning Center Retirement and Executive Compensation Consultant

Retirement Learning Center

Remote / Brainerd MN

View job as Retirement and Executive Compensation Consultant
          for Retirement Learning Center

View job as Client Success Specialist
          for Ubiquity Retirement + Savings Client Success Specialist

Ubiquity Retirement + Savings

Remote

View job as Client Success Specialist
          for Ubiquity Retirement + Savings

View job as Relationship Manager
          for USI Consulting Group Relationship Manager

USI Consulting Group

AK / CA / IA / KS / MN / NE / NV / OK / TX / UT

View job as Relationship Manager
          for USI Consulting Group

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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.

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