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Welcome to the Snell & Wilmer Benefits Blog. We will be posting about current employee benefits and executive compensation topics and issues. We invite you to contact the authors with your thoughts or questions.Blog Contributors
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Second Time Around: Seventh Circuit Given First Opportunity to Analyze the Duty of Prudence Post Hughes
On August 29, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a 401(k) plan participant’s claims that plan fiduciaries mismanaged the $1.1 billion 401(k) plan and charged participants excessive fees. This was the first … Continue reading
Posted in Employee Benefits
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What’s Old Is New Again: HHS Proposes to Reinstate and Expand Transgender Nondiscrimination Rules
Since it was enacted in 2010, Section 1557 of the Affordable Care Act (“Section 1557”) has prohibited discrimination in covered health programs and activities on the basis of race, color, national origin, age, disability, or sex. As we have previously … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged 1557, ACA, biden, health program, HHS, nondiscrimination, NPRM, Obama, transgender, Trump
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IRS Extends Amendment Deadline for Certain Qualified Plan Amendments
The IRS recently provided some welcome relief in the form of extended amendment deadlines for sponsors of qualified retirement plans (including collectively bargained plans). Notice 2022-33 extends the deadline for adopting amendments required by the Setting Every Community Up for … Continue reading
Posted in Employee Benefits, Qualified Retirement Plans
| Tagged amendment, CARES Act, extension, IRS, Miners Act, notice 2022-33, qualified plans, SECURE ACT
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Federal Agencies Issue Guidance After Dobbs Ruling
In response to the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (“HHS”) Secretary Xavier Becerra directed HHS agencies to act within their power to protect the rights of patients … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform, HIPAA
| Tagged abortion, CMS, dobbs, HHS, OCR, roe, wade
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Rethinking Reproductive Healthcare Benefits After Roe: Three Initial Benefits Questions for Employers to Consider
The U.S. Supreme Court released their final opinion in Dobbs v. Jackson Women’s Health Organization on June 24, 2022. Justice Alito’s opinion closely tracked the draft opinion that was leaked on May 2, 2022. The opinion holds: “The Constitution does … Continue reading
Posted in Employee Benefits, Health & Welfare Plans
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A Running Start: IRS Pilots New Pre-Examination Program
The Employee Plans Office of the Internal Revenue Service (the “IRS”) announced a new pre-examination program for retirement plans to begin as of June 2022. The pilot program is designed to reduce the amount of time and resources the IRS … Continue reading
Posted in audit, Employee Benefits, Qualified Retirement Plans
| Tagged audit, closing letter, EPCRS, IRS, IRS letter, new program, pilot program, pre-examination, qualified plan, retirement plans
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HDHP Telehealth Relief Extended for Remainder of 2022, but Mind the 3-Month Gap in Relief
On March 15, 2022, the Consolidated Appropriations Act, 2022 (the “2022 CAA”) was signed into law. Section 307 of the 2022 CAA extends the relief permitting high deductible health plans (“HDHPs”) to provide telehealth and other remote care services free … Continue reading
To the Moon After All? DOL Targets Cryptocurrency in Retirement Plans
In Compliance Assistance Release No. 2022-01 (the “Release”), the Department of Labor (the “Department”) signaled its intention to scrutinize inclusion of cryptocurrency assets and crypto-derivative products as investments in ERISA-covered retirement plans. In particular, the Release articulates the Department’s view … Continue reading
Posted in Employee Benefits, Qualified Retirement Plans
| Tagged 2022-01, audit, Bitcoin, brokerage window, Compliance assistance release, crypto, cryptocurrency, Department of Labor, DOL, EBSA, ERISA, fiduciary, investigation
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An Interesting Intersection: No Surprises Act Claims and the New Fee Disclosure Requirements for Group Health Plans
As reported in our January 7, 2022 SW Benefits Blog “The DOL Asks and Answers Questions About the New Welfare Plan Fee Disclosure Rules,” group health plans must now comply with the ERISA Section 408(b)(2) disclosure requirements. The CAA amended … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged DOL, fee disclosure, Group health plans, no surprises act, NSA, texas medical, to do list, TPA
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