Benefits Law

The Tax Cuts and Jobs Act repealed the Affordable Care Act’s individual mandate—a requirement that all individuals have health insurance providing minimum value—beginning this year. Some states have jumped into the breach by enacting their own individual mandate laws. And just like the ACA, part of the enforcement mechanism is employer reporting.
With certain exceptions, HDHPs can’t start reimbursing employees until they meet those high deductibles. The IRS recently added to the exceptions for preventive services.
The IRS has begun enforcing the Affordable Care Act’s free-rider penalties against approximately 50,000 applicable large employers it suspects didn’t offer at least 95% of their full-time employees and their dependents affordable, minimum value group health benefits during 2017.
A federal trial court has ruled that California’s Secure Choices law—which mandates that small employers that don’t already have retirement plans enroll employees into auto-deduction IRAs and withhold the contributions from their pay—isn’t an ERISA-covered retirement plan.
The Department of Labor’s final regulations on association health plans allow small employers to form bona fide groups, or associations, to buy group health insurance. Now a federal trial court has invalidated the bulk of these regs.
One vice president of HR is finding out the hard way that deviating from a 401(k) plan’s written terms can land you in court for breaching fiduciary duties
The 2019 hurricane season will begin soon. However, the 2018 hurricane season is hardly a thing of the past.
One of the most avoidable lawsuits in many years has finally settled, leaving an important lesson for employers: If you plan to break the law, do not announce your intentions in front of a roomful of employees who will be harmed by your decision.
A private letter ruling from the IRS may provide you with a novel option to help employees through your 401(k) plan.
Here are digests of proposed regulations and related guidance issued by the IRS, the Department of Labor and the Department of Health and Human Services.