Federal Employment Law Articles

Benefits - General

Articles Discussing General Topics In Employee Benefits.

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Consolidated Appropriations Act Underscores Mental Health Parity Compliance

Ogletree Deakins·

The Consolidated Appropriations Act (CAA), 2021, enacted late in 2020, imposes a new requirement on group health plans to ensure compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA). Unlike many of the other provisions of the CAA that affect group health plans, the MHPAEA requi

Use It, but Don’t Lose It: New Stimulus Law Extends Time to Spend Down 2020 Health FSA and Dependent Care Balances

Ogletree Deakins·

Employers will now have additional options to address participants’ unspent contributions to dependent care or health flexible spending accounts (FSAs) resulting from the COVID-19 pandemic. The Consolidated Appropriations Act, 2021 (H.R. 133, P.L. 116-260), signed into law on December 27, 2020, prov

Surprise Medical Billing Protections Coming for Participants in 2022

Ogletree Deakins·

Beginning in 2022, employer-sponsored health plans will be required to pay providers certain emergency and out-of-network charges that would have otherwise been balance billed to participants.

Consolidated Appropriations Act, 2021: Employer-Sponsored Health and Welfare Plan Components

Jackson Lewis P.C.·

The Consolidated Appropriations Act, 2021, generally provides the annual funding for the federal government and, in almost 5,600 pages, contains several important rules giving further COVID-19 relief, including the expansion of eligibility for Paycheck Protection Program (PPP) and the Employee Reten

Consolidated Appropriations Act Requirements to Increase Health Plan Transparency

Ogletree Deakins·

The Consolidated Appropriations Act (CAA), 2021, which was signed into law December 27, 2020, includes provisions designed to increase transparency in employee health benefit plans in four key areas.

Public Company Nonqualified Plan Amendments May Be Required by December 31: The Law of Unintended Consequences Strikes Again

Ogletree Deakins·

The Internal Revenue Code is famously complicated, and changes to discrete parts of the code—such as those adopted by the Tax Cuts and Jobs Act of 2017 (TCJA)—have a notorious history of leading to unpredictable and unintended consequences. One such consequence may require prompt action by publicly-

New FINRA Rule Limits Registered Persons From Being Named Customer’s Beneficiary

Jackson Lewis P.C.·

The Financial Industry Regulatory Authority (FINRA) has announced that it has adopted a rule to limit a registered person from being named a customer’s beneficiary, executor, or trustee or from holding a power of attorney or similar position of trust on behalf of a customer. The new rule becomes eff

IRS Releases 2021 Benefit Plan Limits and Thresholds

Jones Walker LLP·

The Internal Revenue Service (IRS) recently announced cost-of-living adjustments that affect limitations on qualified retirement plans and health plans. The increases take effect on January 1, 2021, and are modest when compared to prior years.

Reopening Health Plan Elections Mid-Year? IRS Leaves it up to Employers

Littler·

On May 12, 2020, the IRS issued guidance temporarily suspending long-standing federal regulations that limit when an employee can make mid-year changes to employer-sponsored health coverage. Under the normal IRS rules, employees elect health coverage before each plan year during open enrollment, and

IRS and DOL Issue Sweeping Deadline Relief for Benefit Plan Participants and Plan Sponsors

Jones Walker LLP·

In accordance with emergency powers granted in the wake of the COVID-19 pandemic, the Internal Revenue Service (IRS) and US Department of Labor (DOL) recently issued guidance temporarily extending a number of benefit plan-related deadlines and providing other relief for participants and plan sponsor

IRS Reverses Course on Employee Retention Credit for Qualified Health Plan Expenses

Littler·

The IRS has changed its position and will allow employers to receive a tax credit for paying health care plan premiums for employees on furlough.

IRS Issues Proposed Rule on Business Expense Deductions

Littler·

On February 26, 2020, the IRS published proposed regulations implementing changes made by the Tax Cuts and Jobs Act of 2017 (TCJA) regarding the elimination of deductions for entertainment and the limitation on food and beverage expenses. The regulations largely track prior IRS guidance, Notice 2018

Lawmakers Secure Signatures on the SECURE Act

Jones Walker LLP·

In late December 2019, President Trump signed appropriations bill H.R. 1865, which includes tax and retirement plan provisions from the Setting Every Community Up for Retirement Enhancement Act (SECURE Act, the Act). Most observers felt that the Act had little chance to pass in 2019, but it was atta

Health Plan Sponsors – Have You Updated Your Vendor Agreements for Substance Use Disorder (SUD) Confidentiality Regulations?

Jackson Lewis P.C.·

Employers that sponsor group health plans (medical, dental, vision, HFSA) are used to negotiating detailed administrative services agreements with vendors that provide services to those plans. Many also are familiar with “business associate agreements” required under HIPAA that must be in place with

The SECURE Act, at Last

Jackson Lewis P.C.·

On December 19, 2019, the Senate passed, as part of the Further Consolidated Appropriations Act 2020 (Public Law No. 116-94), the Setting Every Community Up for Retirement Enhancement (SECURE) Act (Division O pg. H.R. 1865-604). It is touted as the most significant retirement act since the Pension P

Employee Benefits for Employers – Winter 2019

Jackson Lewis P.C.·

Has DOL Put Final Nail In Coffin of ‘Substantial Compliance’ Doctrine for Disability Claims?

Professional Tax Preparers – You Need A Written Information Security Plan, Says the IRS and FTC

Jackson Lewis P.C.·

Tax season soon will soon be upon us and many not-so-eager taxpayers will share sensitive personal information about themselves, their dependents, their employees, and others with their trusted professional tax preparers for processing.

The IRS Doesn’t Disappoint...Again

Jackson Lewis P.C.·

As imagined by plan sponsors of closed defined benefit pension plans, the IRS issued Notice 201-49, the fifth extension for an additional year of the temporary nondiscrimination relief for “closed” defined benefit pension plans originally announced by the IRS during 2014. The extended relief applies

Beginning in 2020, Employers May Reimburse Health Insurance Premiums as an Alternative to a Traditional Group Health Plan (Subject to Several Requirements)

Jackson Lewis P.C.·

Many employers have contacted us over the years asking whether they may offer an “employer–payment plan” rather than offer a traditional group health insurance plan. An employer-payment plan is a type of account-based plan that provides an employee reimbursement for all or a portion of the premium e

Required Minimum Distributions

Jackson Lewis P.C.·

The aging of the baby boomer generation has increased the level of scrutiny with which the Department of Labor, Employee Benefits Security Administration (“EBSA”) will review the efforts of pension plans to locate missing plan participants who did not receive reported benefits. The focus of the EBSA