Nancy Campbell

Nancy Campbell

Snell & Wilmer

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When Anything Less than 95% is a Failing Grade: An Update on the Employer Shared Responsibility Penalties

As a reminder, effective January 1, 2016, employers must offer minimum essential coverage to 95% or more (up from 70% or more for 2015) of their full-time employees and their dependents each month or pay a very steep penalty....more

5/27/2016 - Affordable Care Act Cadillac Tax Employer Group Health Plans Employer Mandates Full-Time Employees Minimum Essential Coverage Penalties Shared Responsibility Rule

DOL Rules that Target Fiduciary Conflict of Interests May Impact Employee Plan Sponsors and Fiduciaries

“Middle class economics means that Americans should be able to retire with dignity after a lifetime of hard work. But loopholes in the retirement advice rules have allowed some brokers and other advisers to recommend products...more

5/20/2016 - Benefit Plan Sponsors Best Interest Contract Exemptions Conflicts of Interest DOL ERISA Fiduciary Duty Investment Adviser Retirement Plan

Late Or Incorrect Forms 1095-C: The IRS Provides Relief, But Only For Employers Acting In Good Faith To Comply Or Who Missed The...

Many employers struggled to furnish correct Forms 1095-C to employees by the March 31, 2016 deadline. Section 6721(a)(2) of the Internal Revenue Code provides penalties for failure to furnish Forms 1095-C to individuals by...more

4/15/2016 - Affordable Care Act Employer Mandates Form 1095 Good Faith IRS Reporting Requirements Tax Penalties

If You Blinked You Might Have Missed Important Affordable Care Act Guidance

Notice 2015-87 issued by the IRS on December 16, 2015, provides guidance on numerous Affordable Care Act provisions. Below are some of the highlights....more

2/26/2016 - Affordable Care Act COBRA Health Insurance HRA IRS New Guidance Reporting Requirements Universities

2015 End of Year Plan Sponsor “To Do” List (Part 3) Executive Compensation

As 2015 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. This year we are presenting our “To Do” Lists in three separate Employee Benefits Updates....more

12/11/2015 - Benefit Plan Sponsors Deferred Compensation Disclosure Requirements Executive Compensation FASB ISS Pay Ratio Pay-for-Performance Private Equity Publicly-Traded Companies Section 409A Year-End Planning

2015 End of Year Plan Sponsor “To Do” List Part 2 – Qualified Retirement Plans

As 2015 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are presenting our “To Do” Lists in three separate SW Benefits Updates. Part 1 of the series...more

12/8/2015 - 401k 403(b) Plans Benefit Plan Sponsors Defined Benefit Plans Defined Contribution Plans ERISA Qualified Retirement Plans Year-End Planning

2015 End of Year Plan Sponsor “To Do” List Health & Welfare

As 2015 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. Like last year, we are presenting our “To Do” Lists in three separate Employee Benefits Updates. Part 1 of...more

11/23/2015 - Affordable Care Act Benefit Plan Sponsors Cadillac Tax Cafeteria Plans Employer Group Health Plans FMLA HIPAA Large Employer PCORI Same-Sex Marriage Section 6055 Section 6056 Self-Insured Health Plans Shared Responsibility Rule Summary of Benefits and Coverage W-2 Wellness Programs Year-End Planning

EEOC Ruling on Sexual Orientation Impacts Same-Sex Spouse and Domestic Partner Benefits

In our July 2, 2015 blog, Obergefell v. Hodges – Same-Sex Marriage Now Legal in All 50 States, we indicated that employers may need to offer same-sex spouse health and welfare benefits and rethink domestic partner benefits in...more

8/28/2015 - Domestic Partnership EEOC Health and Welfare Plans Obergefell v. Hodges Same-Sex Marriage Sex Discrimination Sexual Orientation Discrimination Spouses Title VII

King v. Burwell – Supreme Court Confirms Tax Subsidies are Available in All States

In an earlier blog post this year, I discussed the King v. Burwell case and the possible ramifications if the United States Supreme Court did not uphold the Internal Revenue Service position that residents in states with...more

6/26/2015 - Affordable Care Act Employer Mandates Health Insurance Health Insurance Exchanges Individual Mandate King v Burwell SCOTUS Subsidies Tax Credits

Wellness Programs: Agencies Issue Helpful Guidance but Look Before You Leap

Recent studies indicate that wellness programs significantly improve the health of workers. If only it were so easy to implement a wellness program . . . As explained in our July 17, 2013 Benefits Update – Final...more

4/22/2015 - ADA EEOC Employer Group Health Plans GINA Health Insurance Healthcare HIPAA Proposed Regulation Wellness Programs

IRS Issues More Guidance On Employers That Pay For Individual Health Insurance Policies for Employees – Gives Limited Relief to...

I have blogged more on the topic of how the Health Care Reform Act applies to employers that reimburse employers for individual health insurance policies than any other topic in the last year....more

3/12/2015 - Excise Tax Health Insurance Healthcare Reform IRS Public Health Insurance Marketplace Reporting Requirements Tax Credits

Health Care Reform 2015 – An Update

2015 is a significant year for health care reform because the large employer shared responsibility penalties under Internal Revenue Code Section 4980H take effect for most large employers. ...more

2/2/2015 - Affordable Care Act Full-Time Employees Healthcare Reform IRS King v Burwell Legislative Agendas Popular Shared Responsibility Rule

2014 End of Year Plan Sponsor “To Do” List (Part 3) Executive Compensation

As 2014 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. This year we are presenting our “To Do” Lists in three separate SW Benefits Updates. Part 1 of the series...more

12/4/2014 - Deferred Compensation Equity Compensation Executive Compensation Filing Deadlines ISS Year-End Planning

2014 End of Year Plan Sponsor “To Do” List Part 2 – Qualified Retirement Plans

As 2014 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are presenting our “To Do” Lists in three separate SW Benefits Updates. Part 1 of the series...more

11/18/2014 - Benefit Plan Sponsors Best Management Practices Employee Benefits Year-End Planning

Agencies Come Down Hard on Various Employer Health Plans and Arrangements

As we move into 2015, employers continue to grapple with numerous Health Care Reform concepts. Employers should be cautious regarding arrangements promoted to avoid health care penalties because the agencies are cracking...more

11/14/2014 - Employer Group Health Plans Employer Liability Issues Healthcare Reform IRS Minimum Essential Coverage

2014 End of Year Plan Sponsor “To Do” List Health & Welfare

As 2014 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. This year we are presenting our “To Do” Lists in three separate Employee Benefits Updates. Part 1 of the...more

11/4/2014 - Benefit Plan Sponsors Employee Benefits Health and Welfare Plans Year-End Planning

When Did You Last Amend Your Section 125 Cafeteria or Flexible Benefit Plan? Now May Be A Good Time to Dust It Off and Update It

Section 125 Plans, which are commonly referred to as either cafeteria plans or flexible benefit plans, are much loved, and needed, if you want to allow employees to pay health insurance and other premiums on a pre-tax basis....more

9/24/2014 - Cafeteria Plans Defined Benefit Plans Employee Benefits Flexible Spending Accounts Health Insurance IRS Public Health Insurance Marketplace

Rethinking COBRA After Health Care Reform

The Health Care Reform Act made many changes to health plans, but one thing it did not do was expressly eliminate or change the COBRA rules. Although health care reform does not expressly change COBRA, it does, in many ways,...more

7/22/2014 - Affordable Care Act COBRA DOL Employer Mandates Health Insurance Health Insurance Exchanges Healthcare Healthcare Reform Look-Back Measurement Period Plan Administrators Popular Severance Agreements

Health Care Reform’s Employer Shared Responsibility Penalties: A Checklist for Employers (Revised February 20, 2014)

Welcome to the SW Benefits Update, formerly the Employee Benefits Update. Historically, employers have had complete discretion in deciding whether to offer group health plan coverage to their employees. If they offered...more

2/26/2014 - Employee Benefits Employer Mandates ERISA Healthcare Healthcare Reform Shared Responsibility Rule

2013 End of Year Plan Sponsor “To Do” List Part 1 – Executive Compensation

As 2013 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. This year we are presenting our “To Do” Lists in three separate Employee Benefits Updates. Part one of the...more

11/25/2013 - Benefit Plan Sponsors Equity Compensation Executive Compensation Section 409A Year-End Planning

Agencies Issue Guidance on Same-Sex Marriage Impacting Employee Benefits

On June 26, 2013, the United States Supreme Court, in United States v. Windsor, held that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional as a deprivation of the equal liberty of persons that is...more

9/9/2013 - DOL DOMA Employee Benefits Employer Group Health Plans FMLA Healthcare IRS Qualified Retirement Plans Same-Sex Marriage SCOTUS US v Windsor

Agencies Provide Guidance on Additional Health Care Reform Changes Impacting Non-Grandfathered Employer Group Health Plans

The Departments of Health and Human Services, Labor, and Treasury (collectively, the “Departments”) during the first half of the year issued guidance in the form of Frequently Asked Questions (the “FAQs”) on certain...more

7/10/2013 - Clinical Trials Deductibles Discrimination DOL Employer Group Health Plans Employer Mandates Healthcare Reform HHS Non-Grandfathered Health Plans Out-of-Pocket Expenses Preventive Health Care U.S. Treasury

Treasury Announces Large Employer Play or Pay Penalties Will Be Delayed For One Year

On July 2, 2013, the Treasury Department informally announced that large employers will have an additional year to comply with the employer shared responsibility penalty provisions in Section 4980H of the Internal Revenue...more

7/3/2013 - Affordable Care Act Delays Employer Mandates Fees Form 720 Pay or Play PCORI Shared Responsibility Rule Tax Penalties U.S. Treasury

Department of Labor Sets October 1 Deadline for Employers to Send Health Benefit Exchange Notices; COBRA Election Notices Must...

As reported in our January 31, 2013 Navigating Health Care Reform Alert, the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act (collectively, the “Affordable Care Act”)...more

6/26/2013 - Affordable Care Act COBRA DOL Health Benefit Exchange Healthcare Healthcare Reform

Another Reason Not to Misclassify Employees

As reported in prior Snell & Wilmer publications (See September 2011 Workplace Word, October 2011 Workplace Word and January 9, 2013 Legal Alert), there are numerous reasons why employers need to ensure that they do not treat...more

6/12/2013 - Affordable Care Act Healthcare Independent Contractors IRS Misclassification Pay or Play Penalties

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