Today's Update

IRS Guidance

Additional Temporary Relief for Closed Defined Benefit Plans

Document Excerpt This notice provides additional temporary nondiscrimination relief for closed defined benefit plans (that is, defined benefit plans that provide ongoing accruals but that have been amended to limit those accruals to some or all of the employees who participated in the plan on a specified date) that generally meet the eligibility conditions for […]

Proposed Updated Required Minimum Distribution Regulations

Document Excerpt SUMMARY: This document sets forth proposed regulations providing guidance relating to the life expectancy and distribution period tables that are used to calculate required minimum distributions from qualified retirement plans, individual retirement accounts and annuities, and certain other tax-favored employer-provided retirement arrangements. These regulations affect participants, beneficiaries, and plan administrators of these qualified […]

2020 Dollar Limits Released

Document Excerpt Section 415 of the Internal Revenue Code (the Code) provides for dollar limitations on benefits and contributions under qualified retirement plans. Section 415(d) requires that the Secretary of the Treasury annually adjust these limits for cost-of-living increases. Other limitations applicable to deferred compensation plans are also affected by these adjustments under § 415. […]

Form 8554-EP Renewal Enrollment for Practice Before the IRS

Document Excerpt Link https://www.irs.gov/pub/irs-pdf/f8554ep.pdf

Fiscal Year 2020 Program

Document Excerpt FISCAL YEAR 2020 COMPLIANCE PROGRAM TE/GE delivers a compliance platform that is divided into six portfolio programs: Compliance Strategies; Data-Driven Approaches; Referrals, Claims and Other Casework; Compliance Contacts; Determinations; and Voluntary Compliance and Other Technical Programs. Data is used to identify and address existing and emerging high-risk areas of noncompliance and steer the […]

Notice of Hearing on Multiple Employer Plans

Document Excerpt SUMMARY: This document provides a notice of public hearing on proposed regulations relating to the tax qualification of plans maintained by more than one employer. These plans, maintained pursuant to section 413(c) of the InternalRevenue Code (Code), are often referred to as multiple employer plans or MEPs. DATES: The public hearing is being […]

DOL Guidance

Fact Sheet on Proposed Electronic Disclosure Safe Harbor

Document Excerpt A plan administrator would be permitted to furnish documents by means of electronic delivery to plan participants and beneficiaries with valid electronic addresses unless they affirmatively opt out of electronic delivery. Link https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/fact-sheets/retirement-plans-electronic-disclosure-safe-harbor-rule

Proposed Electronic Disclosure Safe Harbor

Document Excerpt SUMMARY: The Department of Labor is proposing in this document a new, additional safe harbor for the use of electronic media by employee benefit plans to furnish information to participants and beneficiaries of plans subject to the Employee Retirement Income Security Act of 1974 (ERISA). The proposal, if adopted, would allow plan administrators […]

Whether Employer HSA Contributions Constitute Wages Subject to Garnishment

Document Excerpt For these reasons and based on our understanding of the characteristics of HSAs, employer contributions to HSAs are not earnings as defined by the CCPA. Link https://www.dol.gov/whd/opinion/CCPA/2019/2019_09_10_1_CPPA.pdf

MHPAEA Enforcement Fact Sheet

Document Excerpt This enforcement fact sheet summarizes EBSA’s closed investigations and public inquiries to MHPAEA during fiscal year 2018. Link https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/fact-sheets/mhpaea-enforcement-2018.pdf

Final MHPAEA Disclosure Template

Document Excerpt This is a tool to help you request information from your employer-sponsored health plan or your group or individual market insurer regarding treatment limitations that may affect your access to mental health or substance use disorder benefits. Link https://www.dol.gov/sites/dolgov/files/EBSA/laws-and-regulations/laws/mental-health-parity/mhpaea-disclosure-template.pdf

FAQs on Mental Health Parity and Substance Use Disorder Parity

Document Excerpt Below are responses to additional frequently asked questions (FAQs) regarding implementation of the Paul Wellstone and Pete Domenici Mental Health and Addiction Equity Act of 2008 (MHPAEA), as amended by the Affordable Care Act. Link https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/faqs/aca-part-39-final.pdf

PBGC Guidance

Proposed Submission of Information Collections for OMB Review

Document Excerpt SUMMARY: The Pension Benefit Guaranty Corporation (PBGC) intends to request that the Office of Management and Budget (OMB) approve, under the Paperwork Reduction Act, collections of information under PBGC’s regulation on Reportable Events and Certain Other Notification Requirements with modifications. This notice informs the public of PBGC’s intent and solicits public comment on […]

PBGC Announces 2020 Guarntee Limits

Document Excerpt Link https://www.pbgc.gov/wr/benefits/guaranteed-benefits/maximum-guarantee

ERISA Section 4010 Financial Reporting Waiver

Document Excerpt ERISA 4010 Financial Reporting Waiver: To reduce the burden of reporting under PBGC’s 4010 regulation, PBGC is waiving the § 4010.9(b)(2) requirement to report certain financial information separately for each non-exempt member of the filer’s controlled group. See PBGC Technical Update 19-1 for details and conditions. (10/16/2019) Link https://www.pbgc.gov/prac/whatsnew?utm_medium=email&utm_source=govdelivery

Premium Rates for 2020

Document Excerpt Link https://www.pbgc.gov/prac/prem/premium-rates

Proposed Regulations on Administrative Review of Agency Decisions

Document Excerpt The Pension Benefit Guaranty Corporation is amending its regulation on Rules for Administrative Review of Agency Decisions. The proposed rule would clarify and make changes to the review process for certain agency determinations and the procedures for requesting administrative review. Link https://www.federalregister.gov/documents/2019/10/04/2019-21495/administrative-review-of-agency-decisions

Proposed Regulations on Benefit Payments and Allocation of Assets

Document Excerpt This proposed rule would make changes to PBGC’s regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans. The changes would make clarifications and codify policies involving payment of lump sums, changes to benefit form, partial benefit distributions, and valuation of plan assets. Link https://www.federalregister.gov/documents/2019/09/30/2019-21088/benefit-payments-and-allocation-of-assets

Articles, White Papers & Other Information

Proposed Regulations on Hospital Transparency of Standard Charges and Other Changes to Medicare Payment Systems

Document Excerpt SUMMARY: This proposed rule proposes revisions to the Medicare hospital outpatient prospective payment system (OPPS) and the Medicare ambulatory surgical center (ASC) payment system for CY 2020 based on our continuing experience with these systems. In this proposed rule, we describe the proposed changes to the amounts and factors used to determine the […]

Update to Technical /guidance 01-2018: Standards for Self-Insured Non-Federal Governmental Health Plans and Insurance

Document Excerpt Summary of Updates: This Technical Release replaces the technical guidance issued January 11, 2017 with updated notice requirements for self-insured non-Federal governmental health plans and health insurance issuers offering group and individual health coverage using the Department of Health and Human Services (HHS)-administered Federal external review process. Since the January 11, 2017 technical […]

FAQs on HIPAA and Health Plans–Uses and Disclosures for Care Coordination and Continuity of Care

Document Excerpt Link https://www.hhs.gov/hipaa/for-professionals/faq/3014/uses-and-disclosures-for-care-coordination-and-continuity-of-care/index.html

Proposed Revised ACA Nondiscrimination Regulations

Document Excerpt SUMMARY: The Department of Health and Human Services (“the Department”) is committed to ensuring the civil rights of all individuals who access or seek to access health programs or activities of covered entities under Section 1557 of the Patient Protection and Affordable Care Act. The Department proposes to revise its Section 1557 regulation […]

SEC Interpretation of “Solely Incidental” Prong Exclusion for Broker-Dealers

Document Excerpt Link https://www.sec.gov/rules/interp/2019/ia-5249.pdf

SEC Interpretation of Standard of Care of Investment Advisers under Investment Advisers Act

Document Excerpt SUMMARY: The Securities and Exchange Commission (the “SEC” or the “Commission”) is publishing an interpretation of the standard of conduct for investment advisers under the Investment Advisers Act of 1940 (the “Advisers Act” or the “Act”). Link https://www.sec.gov/rules/interp/2019/ia-5248.pdf

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