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About this Blog
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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California Cares . . . About Employees Losing Flexible Spending Account (“FSA”) Funds
California recently approved Assembly Bill 1554, adding a flexible spending account notice requirement to § 2810.7 of the California Labor Code. The new law, which takes effect January 1, 2020, states: (a) An employer shall notify an employee who participates … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged compliance, flexible spending, FSA, Notice
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Must Drug Manufacturer Coupons Count Toward Annual Maximum Out-Of-Pocket Limits? Stay Tuned …
What is the Annual Maximum Out-Of-Pocket Limit (“MOOP”)? MOOP is the most a participant must pay for covered services under a group health plan in a plan year. After a participant spends this amount on deductibles, copayments, and coinsurance, the … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged coupons, HHS, MOOP, NBPP, Notice, out-of-pocket maximum
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Seeing the Big Picture – How Proposed Health Reimbursement Arrangements Might Harmonize with Existing Law
On October 29, 2018, proposed regulations were published in the Federal Register that would permit employers to offer two new types of health reimbursement arrangements (“HRAs”) that align with the requirements of the Affordable Care Act (the “ACA”). The proposed … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged 2018-88, 4980H, ACA, HRA, IRS, Notice
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EEOC Removes 30% Incentive Safe Harbor from Wellness Program Regulations
The Equal Employment Opportunity Commission (the “EEOC”) issued final rules, published in the Federal Register on December 20, 2018, that remove the 30% incentive provisions from the EEOC’s wellness program regulations governing the Americans with Disabilities Act (“ADA”) and the … Continue reading
IRS Issues Updated Tax Notice for Qualified Retirement Plan Distributions
The Internal Revenue Service (“IRS”) recently released guidance that contains two updated safe harbor notices that retirement plans may use to satisfy the requirements of the Internal Revenue Code (the “Code”) to provide an advance notice to a participant prior … Continue reading
Posted in Employee Benefits, Qualified Retirement Plans
| Tagged 402(f), Internal Revenue Code, IRS, model notice, Notice, safe harbor
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A Deeper Dive: Employers Receiving Federal Funding May Be Subject to ACA’s Nondiscrimination Rule and Need to Cover Transgender Benefits
In recent months, we have written a fair amount about providing transgender benefits in light of the nondiscrimination provisions of the Affordable Care Act. Our blogs of March 30, 2016 and June 22, 2016 highlight the key contours of the … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged 1557, ACA, Affordable Care Act, covered entity, EGWP, employer group waiver program, federal financial assistance, FFA, health benefit programs, HHS, nondiscrimination, Notice
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You Received a Health Insurance Marketplace Notice from HHS – Now What?
Take a deep breath. The HHS Health Insurance Marketplace Notice (the “Notice”) may seem to be a nuisance, but it does not necessarily mean that you will be subject to employer shared responsibility penalties. First, the IRS, not HHS, assesses … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged Checklist, employer shared responsibility, HHS, Insurance Marketplace, Insurance Marketplace Notice, IRS, Notice, premium tax credit
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Potential $2.4 Billion and Countless Trees Saved – Department of Labor’s Proposed Rule on Electronic Disclosure for Retirement Plans
The Department of Labor recently issued a proposed rule that allows certain retirement plan disclosures to be posted online, rather than requiring such disclosures to be printed and mailed. The Department of Labor anticipates this rule, if finalized, would save … Continue reading →
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