Today's Update

IRS Guidance

Additional Preventive Services Permitted by High Deductible Health Plans

Document Excerpt This notice expands the list of preventive care benefits permitted to be provided by a high deductible health plan (HDHP) under section 223(c)(2) of the Internal Revenue Code (Code) without a deductible, or with a deductible below the applicable minimum deductible (self-only or family) for an HDHP. Link https://www.irs.gov/pub/irs-drop/n-19-45.pdf

Multiple Employer Plans Proposed Regulations

Document Excerpt SUMMARY: This document sets forth 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 Internal Revenue Code (Code), are often referred to as multiple employer plans or MEPs. The proposed regulations would provide an exception, if certain requirements […]

Proposed Regulations on Withholding on Periodic and Non-periodic Payments

Document Excerpt This document contains a proposed regulation regarding withholding on certain periodic and nonperiodic distributions under section 3405, other than eligible rollover distributions. This regulation would affect payors and payees of these distributions. Link https://www.federalregister.gov/documents/2019/05/31/2019-11292/withholding-on-certain-distributions-under-section-3405a-and-b

Inflation Adjusted HSA Limits for 2020

Document Excerpt This revenue procedure provides the 2020 inflation adjusted amounts for Health Savings Accounts (HSAs) as determined under § 223 of the Internal Revenue Code. Link https://www.irs.gov/irb/2019-22_IRB#REV-PROC-2019-25

IRS Regulatory Agenda, Spring 2019

Document Excerpt Link https://www.reginfo.gov/public/do/eAgendaMain?operation=OPERATION_GET_AGENCY_RULE_LIST&currentPub=true&agencyCode=&showStage=active&agencyCd=1500&Image58.x=58&Image58.y=10

Request for Comments on Revisions to Form 5500EZ

Document Excerpt SUMMARY: The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on information collections, as required by the Paperwork Reduction Act of 1995. The IRS is soliciting comments concerning the Annual Return/Report of […]

DOL Guidance

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 […]

Proposed Prohibited Transaction Exemption for Credit Suisse Group

Document Excerpt SUMMARY: This document contains notice of pendency before the Department of Labor (the Department) of a proposed temporary five-year individual exemption from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). If this proposed […]

Advisory Opinion concluding that Ace Hardware Plan Qualifies as a AHP

Document Excerpt Thus, under the Department’s Pathway 1 sub-regulatory guidance, and assuming that the Plan is adopted and operated as described in this letter, the Ace Plan Employers would, at least in form, constitute a bona fide employer group or association in relation to the Plan for purposes of ERISA section 3(5), and the Plan […]

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

Electronic Filing of Notices for Apprenticeship and Training Plans and Statements for Top Hat Plans

Document Excerpt SUMMARY: This document contains final regulations that revise the procedures for filing apprenticeship and training plan notices and “top hat” plan statements with the Secretary of Labor. The final regulations require electronic submission of these notices and statements, as opposed to paper filings. The final regulations will make filing these notices and statements […]

Individual Coverage HRA Model Attestations

Document Excerpt The Departments of the Treasury, Labor, and Health and Human Services (the Departments) have issued final regulations allowing plan sponsors to offer individual coverage health reimbursement arrangements (HRAs), subject to certain requirements. Link https://www.dol.gov/sites/default/files/ebsa/laws-and-regulations/rules-and-regulations/completed-rulemaking/1210-AB87/individual-coverage-model-attestation.pdf

PBGC Guidance

PBGC Clarifies Merger and Transfer Among Multiemployer Plan Guidance

Document Excerpt SUMMARY: PBGC is issuing a final rule amending its regulation on Mergers and Transfers Between Multiemployer Plans to implement procedures and information requirements for a request for a facilitated merger. This final rule also reorganizes and updates provisions in the existing regulation. Link https://www.govinfo.gov/content/pkg/FR-2018-09-14/pdf/2018-19988.pdf

PBGC Adds Webpage to Publish Participant Notices

Document Excerpt At times, PBGC places ads in local and national newspapers to inform participants that the agency is taking responsibility for their plan. When this happens, PBGC pays all earned benefits up to the limits set by law. PBGC takes this action when the plan doesn’t have enough money to pay all promised benefits […]

PBGC Interim Privacy Rule

Document Excerpt SUMMARY: The Pension Benefit Guaranty Corporation is amending its Privacy Act regulation to exempt a system of records that supports a program of insider threat detection and data loss prevention. Link https://www.federalregister.gov/documents/2019/07/09/2019-14604/privacy-act-regulation-exemption-for-insider-threat-program-records

Proposed Rule to Miscellaneous Corrections, Clarifications of Regulations

Document Excerpt SUMMARY: The Pension Benefit Guaranty Corporation (PBGC) is making miscellaneous technical corrections, clarifications, and improvements to its regulations on Reportable Events and Certain Other Notification Requirements, Annual Financial and Actuarial Information Reporting, Termination of Single-Employer Plans, and Premium Rates. These changes are a result of PBGC’s ongoing retrospective review of the effectiveness and […]

PBGC to make Changes and Corrections to Various Regulations

Document Excerpt Miscellaneous Corrections, Clarifications, and Improvements Proposed Rule: PBGC is proposing to make clarifications, corrections and improvements to four of its regulations. The proposed rule would amend: Reportable Events – eliminate possible duplicative reporting of active participant reductions, clarify when a liquidation occurs, and provide additional examples for certain events; Financial and Actuarial Information Reporting […]

PBGC Regulatory Agenda, Spring 2019

Document Excerpt Link https://www.reginfo.gov/public/do/eAgendaMain?operation=OPERATION_GET_AGENCY_RULE_LIST&currentPub=true&agencyCode=&showStage=active&agencyCd=1212&Image58.x=31&Image58.y=8

Articles, White Papers & Other Information

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

SEC Best Interest Regulation

Document Excerpt SUMMARY: The Securities and Exchange Commission (the “Commission”) is adopting a new rule under the Securities Exchange Act of 1934 (“Exchange Act”), establishing a standard of conduct for broker-dealers and natural persons who are associated persons of a broker-dealer (unless otherwise indicated, together referred to as “broker-dealer”) when they make a recommendation to […]

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