ERISA Complex LitigationBlog Posts
At-Home COVID-19 Testing Options and AlternativesIn fulfillment of President Biden’s promise to make at-home COVID tests more available for all of us, two significant action steps have now occurred: Every U.S. household has access to free at-home COVID-19 tests. As of January 18, 2022, any individual with a residence in the United States may request up to four (4) at-home...January 19, 2022 |
Updated Rates for California EDD Benefits and San Francisco Paid Family Leave OrdinanceThe California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2022. Employers with employees located in California are generally required to withhold and send state disability contributions to the EDD. The 2022 rates are as follows: “Employee Contribution Rate” 1.10% “Taxable Wage Ceiling” (per employee per year) $145,600.00 “Maximum...January 10, 2022 |
Understanding the Multiemployer Pension Plan Construction Industry ExemptionThe Multiemployer Pension Plan Amendments Act (MPPAA), the Employee Retirement Income Security Act’s (ERISA) progeny, can create significant unexpected liabilities for companies that have agreed to collective bargaining agreements (CBAs) requiring participation in and contributions to multiemployer-defined benefit pension funds (often referred to as Taft-Hartley Funds). However, a special exemption is available to employers in...December 30, 2021 |
New PCORI Fee Amounts Announced for the 2022 Reporting PeriodThe IRS just released IRS Notice 2022-04 that provides the updated fee for Patient-Centered Outcomes Research Institute (PCORI) paid by fully insured and self-funded health plans for the upcoming tax reporting period. As we stated before, even though the original PCORI fee assessments under the Affordable Care Act were scheduled to end after September 30,...December 22, 2021 |
It’s Almost the End of 2021. Do You Know Where Your Healthcare Dollars Go?The CAA Transparency Rules Will Let Plans and Participants Know. The Department of Labor, Health and Human Services, and the IRS (collectively the Departments) recently released the Interim Final Rules with a request for Comment (IFC), Prescription Drug and Health Care Spending. These rules implement Section 204, Title II, another phase of the transparency provisions...December 10, 2021 |
Pre-Thanksgiving ACA Reporting Relief That’s No TurkeyJust three weeks ago, we wrote that employers likely would not receive certain Affordable Care Act reporting relief to which they’ve become accustomed. But in a welcome turn of events, the IRS just released proposed regulations that make permanent a 30-day automatic extension for furnishing Forms 1095-B and 1095-C to individuals. Such forms will now...November 24, 2021 |
Mental Health Parity – Don’t Be Left Out in the Cold!News Flash: There’s no actual statutory mandate that employers offer group health coverage at all, much less coverage for specific conditions. However, federal law requires health plans that provide mental health and substance use disorder coverage to ensure that the financial requirements (like coinsurance) and treatment limitations (like visit limits and provider access) applicable to...November 22, 2021 |
Fifth Circuit ERISA Decision Denies Widow Paid-For Life Insurance BenefitsOn October 19, 2021, the Fifth Circuit Court of Appeals denied a widow supplemental group life insurance benefits of $300,000 upon her husband’s death even though he had paid the premiums for the coverage for four years through payroll deductions by his employer, National Oilwell Varco. The case, Talasek v. National Oilwell Varco, L.P., appealed...November 11, 2021 |
2022 Cost of Living Adjustments for Retirement PlansThe Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations on benefits and contributions for retirement plans generally effective for Tax Year 2022 (see IRS Notice 2021-61). Most notably, the limitation on annual salary deferrals into a 401(k) or 403(b) plan will increase from $19,500 to $20,500. The more significant dollar limits...November 5, 2021 |
The Pandemic Continues, but ACA Reporting Relief Does NotAs employers with 50 or more full-time (or full-time equivalent) employees are well aware, the Patient Protection and Affordable Care Act (”ACA”) requires annual submission of Forms 1094-C and 1095-C with the Internal Revenue Service, and distribution of Forms 1095-C. These submissions and distributions are generally due: Furnishing of Forms 1095-C to employees: January 31...November 4, 2021 |