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Monique WarrenBlog Posts

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Health Savings Accounts Considerations for Employers

The health savings account (“HSA”) has become, since its creation in 2003, an increasingly popular option for employers to subsidize employee group health costs. Employees with HSAs can save money, on a tax-free basis, for medical expenses that aren’t otherwise covered. The account’s interest earnings and distributions (for qualified medical expenses) are also tax-free. The … Continue Reading
February 24, 2017

Employers Wonder How to Respond to Marketplace Notices

Many employers have begun receiving Health Insurance Marketplace notices – letters stating that a particular employee reported that he or she wasn’t offered affordable minimum value coverage for one or more months during 2016.  The letter states that the employee has been determined to be eligible for subsidized Marketplace coverage.  This means, if the employer … Continue Reading
July 12, 2016

IRS Makes it Riskier to Maintain Individually-Designed Retirement Plans

The Internal Revenue Service just made it riskier to maintain a tax-qualified individually-designed retirement plan by eliminating the five-year determination letter remedial amendment cycle for these plans, effective January 1, 2017. Although determination letters are not required for retirement plans to maintain tax-qualified status under the Internal Revenue Code, virtually all employers sponsoring individually-designed retirement … Continue Reading
July 24, 2015

What the Supreme Court’s Decision on Affordable Care Act Subsidies Means for Employers

The Internal Revenue Service was authorized to issue regulations extending health insurance subsidies to coverage purchased through health insurance exchanges run by the federal government or a state, the U.S. Supreme Court has ruled in a 6-3 decision. King v. Burwell, No. 14-114 (June 25, 2015). This means employers cannot avoid employer shared responsibility penalties … Continue reading What the Supreme Court’s Decision on Affordable Care Act Subsidies Means for Employers
June 25, 2015

“Final” Obamacare Employer Penalty Rules Released

The US Treasury released the final regulations implementing the employer shared responsibility penalty provisions of the 2010 health care reform law on February 10, 2014.  In many ways, the final regulations resemble the proposed regulations issued over a year ago but there are several – mostly welcome – changes and transition provisions for employers.  (See … Continue reading “Final” Obamacare Employer Penalty Rules Released
February 11, 2014

Department Of Labor Issues “Me Too” Technical Release: ERISA Definition of Marriage Includes Same-Sex Spouses

DOMA Windsor "same-sex spouse"
September 20, 2013

IRS Rules: All Legal Same-Sex Marriages Will Be Recognized for Federal Tax Purposes

The Internal Revenue Service issued Revenue Ruling 2013-17 answering some, but not all, questions for employers in the wake of the US Supreme Court’s opinion that invalidated the federal law that confined marriage to a legal union between one man and one woman as husband and wife – United States v. Windsor, No. 12-307 (June … Continue reading IRS Rules: All Legal Same-Sex Marriages Will Be Recognized for Federal Tax Purposes
September 1, 2013

Relief from August 30th Deadline for Fee Disclosures

The Department of Labor is allowing defined contribution retirement plan administrators to reset the timing for annual fee disclosures to participants (see our earlier blog post reminding readers of the disclosure requirement and contemplating possible relief).  DOL has issued Field Assistance Bulletin 2013-02 announcing the temporary enforcement policy. The participant-level fee disclosure regulation, implemented last year, … Continue reading Relief from August 30th Deadline for Fee Disclosures
July 22, 2013

Deadline for Annual 401(k)/403(b) Disclosure Approaching

Employers that sponsor participant-directed individual account plans like 401(k)s and 403(b)s need to prepare for the annual disclosure requirement imposed on plan administrators under section 404 of the Employee Retirement Income Security Act. (See our earlier posts and article regarding the regulations that became effective last year.)  Separate regulations required service providers to give plan administrators, … Continue reading Deadline for Annual 401(k)/403(b) Disclosure Approaching
June 11, 2013

Employers Must Provide Notices Regarding Availability of Exchange Coverage

A provision of the 2010 health care reform law requires employers to provide notices, by March 1, 2013, to all employees regarding the availability of health coverage options through the state-based exchanges created pursuant to that law. In January, the Department of Labor had announced delayed enforcement of the exchange coverage notice provision (which added Section … Continue reading Employers Must Provide Notices Regarding Availability of Exchange Coverage
May 9, 2013

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