News & Analysis as of

Employee Benefits

IRS Announces HSA and HDHP Limitations for 2019

On May 10, 2018, the IRS released Revenue Procedure 2018-30 setting dollar limitations for health savings accounts (HSAs) and high-deductible health plans (HDHPs) for 2019. HSAs are subject to annual aggregate contribution...more

Ninth Circuit "Interprets" Accident Plan; "Direct and Sole Cause" Doesn't Mean What It Says

In Dowdy v. Metro. Life Ins. Co., 16-15824, 2018 U.S. App. Lexis 12648 (9th Cir. May 16, 2018), the Ninth Circuit ruled that an accident plan that covers “accidental injury that is the Direct and Sole Cause of a Covered Loss”...more

IRS Announces 2019 Increases For HSAS And Provides Relief For 2018 Reduction In Family Contribution Levels

by Fraser Trebilcock on

The IRS has just released its 2019 annual inflation adjustments for Health Savings Accounts (HSAs) as determined under Section 223 of the Internal Revenue Code. Specifically, IRS Revenue Procedure 2018-30 provides the...more

IRS Is Sending ACA Penalty Notices to Employers

by Holland & Hart LLP on

If you believe your company was subject to the Affordable Care Act (ACA) coverage requirements in 2015 (generally, all employers with 50 full-time or full-time equivalent employees), please take note that the Internal Revenue...more

The Unpredictable Fate of the DOL’s Fiduciary Rule

It’s been a long year waiting for the full Fiduciary Rule to take effect, but will it ever truly achieve its intended impact on employer plans and their advisors? As we reported, the DOL’s Fiduciary Rule was supposed to...more

DOL and Treasury update 2017-2018 regulatory agendas for employee benefits

On May 9, 2018, the principal regulators of US employee benefits published updates to their guidance plans for the coming months. The US Department of Labor (DOL) published its Semi-Annual Regulatory Agenda, stating the...more

ERISA’s Duty To Inform – Distinguishing Between Existing and Possible Benefits

A recent ERISA opinion gives us occasion to point out the important distinction under ERISA concerning fiduciary duties as they pertain to existing benefits and possible benefits. In this case, the plaintiff alleged that...more

Game Over? Ninth Circuit Doubles Down on Its Commitment To Enforcing Anti-Assignment Provisions In ERISA Plans To Bar Suits By...

by Seyfarth Shaw LLP on

SEYFARTH SYNOPSIS: The Ninth Circuit recently dealt another major blow to healthcare providers that attempt to bring suits as assignees of their individual patients, holding that an ERISA plan’s anti-assignment provision bars...more

New DOL Claims Procedures for Disability Benefits, 3 Action Items to Stay in Compliance

In response to the disproportionate amount of benefit plan litigation related to disability benefits, the U.S. Department of Labor (DOL) amended its claims procedures governing disability benefits in order to ensure that...more

Common But Costly Mistakes in 401(k) Plan Loans

by Dickinson Wright on

Many 401(k) plans allow participants to borrow amounts from their vested 401(k) plan accounts and repay such amounts, typically through payroll deductions, back to their own accounts. Plan loans must comply with IRS rules...more

Too Much of a Good Thing? Environmental, Social and Governance Investment Considerations for Plan Fiduciaries FAB 2018-01 Part 1

On April 23, 2018, the DOL released Field Assistance Bulletin (FAB) 2018-01 relating to (1) plan investment in “economically targeted investments (“ETIs”), (2) the exercise of shareholder rights and (3) investment policy...more

Senator Bernie Sanders Introduces Bill To Overhaul The Gig Economy

by Fisher Phillips on

As if gig businesses haven’t had enough bad news to digest in the past few weeks... fresh off the heels of the California Supreme Court’s decision in the Dynamex Operations case, members of Congress are now focusing on...more

Massachusetts Supreme Judicial Court Clarifies Test for Determining Who is an “Employee” for Purposes of Workers' Compensation...

by White and Williams LLP on

The Massachusetts Supreme Judicial Court (SJC) held yesterday in Camargo’s Case that a worker’s eligibility for workers' compensation benefits is contingent upon the worker proving that he/she is an “employee” under the...more

The Unintended Consequence Of Rising Interest Rates: Overfunded Defined Benefit Plans

by Fox Rothschild LLP on

While many in the employee benefits community have sounded the death knell for defined benefit plans in recent years, there is some mounting evidence that their prediction has been premature. While corporate America has...more

Beware: HIPAA Applies To The Health Plans You Never Knew You Had

by Fox Rothschild LLP on

You may be surprised to learn that those “extra” benefits your company offers to its employees such as your employee assistance program (EAP) and wellness program likely are subject to the HIPAA privacy, security and breach...more

The Budget Act Relaxes Hardship Withdrawal Rules, But Some Changes May Not Apply to 403(b) Plans

On Feb. 9, 2018, Congress passed, and the president signed, the Bipartisan Budget Act of 2018 (the “Budget Act”). As we previously discussed here, the Budget Act contains a number of provisions that affect qualified...more

New Jersey Enacts Paid Sick Leave Act

On Wednesday, May 2, 2018, Governor Phil Murphy signed into law the New Jersey Paid Sick Leave Act (the “Act”). The Act, which goes into effect on October 29, 2018, preempts all existing New Jersey municipal earned sick leave...more

DOL Issues Temporary Enforcement Policy For Fiduciary Advice Rule

by Seyfarth Shaw LLP on

On May 7, 2018, the Department of Labor (the “DOL”) issued a temporary non-enforcement policy regarding its investment advice fiduciary regulation (the “Fiduciary Rule”) in Field Assistance Bulletin 2018-02. This guidance was...more

What Now for Wellness?

by Foley & Lardner LLP on

If you’re an employer trying to sponsor a wellness program for 2019, then the recent kerfuffle between the AARP and the Equal Employment Opportunity Commission (EEOC) affects you. The AARP has challenged the EEOC’s...more

IRS readjusts HSA contribution limit

by Bricker & Eckler LLP on

In March of this year, the IRS adjusted the 2018 HSA contribution limit for individuals enrolled in family coverage down $50 from $6,900 to $6,850. A little over a month later, the IRS reconsidered the retroactive limit...more

Additional Insight on Mental Health Parity Requirements in Proposed FAQ Guidance

Given the emphasis being placed by the Department of Labor on compliance with the Mental Health Parity and Addiction Equity Act (the “MHPAEA”), health plan administration should be reviewed in light of the new proposed...more

Two Recent Examples of Challenges To Collect “Reasonable” Charges

by Foley & Lardner LLP on

Two recent cases illustrate the continuing challenges providers, and in particular hospital providers, face when seeking to collect their charges when dealing with “out-of-network” patients....more

New Jersey Paid Sick Leave Bill Signed Into Law

On May 2, 2018, New Jersey Governor Phil Murphy signed into law a bill that requires New Jersey employers to provide their employees with paid sick leave. Once enacted, New Jersey will join nine other states and the District...more

Governor Murphy Signs New Jersey Paid Sick Leave Law

On May 2, 2018, New Jersey Governor Phil Murphy signed into law the New Jersey Earned Sick and Safe Days Act (the “Act”), providing the vast majority of New Jersey’s private sector workers paid sick leave benefits. The Act,...more

IRS Reverses Position on 2018 Family Contribution Limit for HSAs

The Internal Revenue Service originally announced in 2017 that the 2018 contribution limit for health savings accounts (HSAs) corresponding to family coverage under a high-deductible health plan would be $6,900. Then, in...more

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