ERISA Complex LitigationBlog Posts
Additional IRS Guidance on W-2 Reporting of Health Care CostsThe Internal Revenue Service (“IRS”) has amended its guidance to employers on how to report the cost of group health coverage. Notice 2012-9 addresses, among other things, cost determinations for employee assistance programs, wellness programs, and health reimbursement arrangements. Internal Revenue Code section 6051(a)(14), enacted as part of the Patient Protection and Affordable Care Act of … Continue reading Additional IRS Guidance on W-2 Reporting of Health Care CostsJanuary 22, 2012 |
San Francisco Amends Its Health Care Ordinance – Changes Effective January 2012San Francisco’s Health Care Security Ordinance has been amended to require more of certain employers with workers in the City and County of San Francisco. The amendments will take effect January 1, 2012. Employers, particularly those using a health reimbursement account plan (HRA) or a health savings account (HSA) plan to comply with the Ordinance, … Continue reading San Francisco Amends Its Health Care Ordinance – Changes Effective January 2012December 8, 2011 |
IRS Voluntary Classification Settlement Program – Watch Your Step!The Internal Revenue Service has announced its Voluntary Classification Settlement Program (“VCSP”) offering relief to certain employers from unpaid employment taxes, penalties and interest that may result from misclassification of workers. The IRS’s September 21, 2011, Announcement 2011-64 and “Frequently Asked Questions” (published on September 30) explains that the VCSP allows employers to correct misclassification … Continue reading IRS Voluntary Classification Settlement Program – Watch Your Step!October 10, 2011 |
Eleventh Circuit Decides Health Care Reform Individual Mandate Is UnconstitutionalThe individual mandate provision of the 2010 health care reform law is unconstitutional, the U.S. Court of Appeals for the Eleventh Circuit decided in Florida v. HHS on August 12th. The Sixth Circuit previously held in Thomas More Law Center v. Obama that the individual mandate is constitutional. Therefore, the Eleventh Circuit decision creates a circuit split, … Continue reading Eleventh Circuit Decides Health Care Reform Individual Mandate Is UnconstitutionalAugust 15, 2011 |
New Rules Require Health Plans to Cover Women’s ContraceptionGroup health plans that are not grandfathered under the 2010 health care reform law (the Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010) must provide women’s contraception without cost-sharing beginning with the first plan year that starts on or after August 1, 2012. The three agencies … Continue reading New Rules Require Health Plans to Cover Women’s ContraceptionAugust 3, 2011 |
Continuing Health Coverage During Leaves of Absence, A Trap for the UnwaryIt's fairly common for employers to continue benefits for employees out on leaves of absence. But what happens after protected leaves such as FMLA and USERRA end, or if the leave is not protected by law, and coverage continues? This post discusses a recent case where the carrier was able to back out of coverage because the plan terms simply did not support coverage during the leave, creating significant exposure for the employer.August 1, 2011 |
Plan Participants May be Assessed Penalties as a Result of DOJ Suit Against Welfare Benefit PlanParticipants in the Professional Benefits Trust (“PBT”) may be in danger of having to pay the United States Treasury 50% of their assets in penalties for each year of participation in PBT. The assets of the purported welfare benefit plan were moved off shore and deposited into the Mavin foreign insurance company and into Acadia annuities. … Continue reading Plan Participants May be Assessed Penalties as a Result of DOJ Suit Against Welfare Benefit PlanJuly 20, 2011 |
What Does NY’s Marriage Equality Act Mean to Employers?Under the New York State Marriage Equality Act enacted June 24, 2011, and effective July 24, 2011, New York recognizes as valid any otherwise valid marriage regardless of whether the marital partners are of the same or opposite sex. There is an exception for religious organizations. In general, the new law does not require such organizations … Continue reading What Does NY’s Marriage Equality Act Mean to Employers?June 30, 2011 |
Plan Trustees & Committees With FBAR Reporting Obligations – June 30th DeadlineReports required under Foreign Bank Account Reporting or “FBAR” laws and regulations must be submitted to the U.S. Department of the Treasury on or before June 30, 2011. Individuals with a financial interest in foreign financial accounts (including foreign bank accounts, securities and certain insurance and annuities) or with signatory or other authority over such accounts … Continue reading Plan Trustees & Committees With FBAR Reporting Obligations – June 30th DeadlineJune 15, 2011 |
Write the Rules on Employer Health Care Reform PenaltiesWrite the Rules on Employer Health Care Reform Penalties Employers now have an opportunity to influence how the Patient Protection and Affordable Care Act’s “employer responsibility” “assessable payment” will apply in 2014. Section 4980H of the Internal Revenue Code, added by the PPACA, imposes a penalty on employers with more than 50 full-time employees … Continue reading Write the Rules on Employer Health Care Reform PenaltiesMay 5, 2011 |