Benefits Law

Mail delivery being what it is these days, you can’t really be sure whether retirees or terminated employees receive their pension distribution checks. That doesn’t matter, according to the IRS.
Although we took a vacation from writing for the last couple of weeks, we were diligently gathering stuff to write about. And that’s no joke. So, here’s the rundown.
401(k) plans may allow employees who are in financial difficulty to take hardship distributions. Final regulations, which implement portions of the 2018 Budget Act and the Tax Cuts and Jobs Act, ease up on the criteria for these distributions.
The Tax Cuts and Jobs Act repealed the Affordable Care Act’s individual mandate—a requirement that all individuals have health insurance providing minimum value—beginning this year.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.