Today's Update

IRS Guidance

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 […]

ACA Pay or Play Penalties Still Apply the IRS Confirms

Document Excerpt Link https://www.irs.gov/pub/irs-wd/19-0008.pdf

Remedial Amendment Period for Section 403(b) Form Failures

Document Excerpt This revenue procedure sets forth a system of recurring Remedial Amendment Periods for correcting Form Defects in § 403(b) Individually Designed Plans and § 403(b) Pre-approved Plans first occurring after the Initial Remedial Amendment Period (as defined in section 4.03) ends on March 31, 2020, and provides a limited extension of the Initial […]

Application of the Employer Shared Responsibility Provisions and Certain Nondiscrimination Rules to HRAs

Document Excerpt SUMMARY: This document sets forth proposed regulations to clarify the application of the employer shared responsibility provisions and certain nondiscrimination rules under the Internal Revenue Code (Code) to health reimbursement arrangements (HRAs) and other account-based group health plans integrated with individual health insurance coverage or Medicare (individual coverage HRAs), and to provide certain […]

Final Hardship Regulations

Document Excerpt This document contains final regulations that amend the rules relating to hardship distributions from section 401(k) plans. The final regulations reflect statutory changes affecting section 401(k) plans, including changes made by the Bipartisan Budget Act of 2018. Link https://www.federalregister.gov/documents/2019/09/23/2019-20511/hardship-distributions-of-elective-contributions-qualified-matching-contributions-qualified

DOL Guidance

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

FAQs ACA Implementation Part 40: Limitations on Cost Sharing

Document Excerpt Public Health Service (PHS) Act section 2707(b), as added by PPACA, provides that all nongrandfathered group health plans, including non-grandfathered self-insured and insured small and large group market health plans, shall ensure that any annual cost sharing imposed under the plan does not exceed the limitations provided for under section 1302(c)(1) of PPACA. […]

DOL Fact Sheet on USERRA

Document Excerpt The following frequently asked questions provide general information concerning the application of USERRA to employers that pay pension benefits as a percentage of total earnings of employees. Link https://www.dol.gov/agencies/vets/programs/userra/userra_fs1

PBGC Guidance

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

PBGC Proposed Regulations on Lump Sum Assumptions

Document Excerpt This proposed rule would modify the assumptions the Pension Benefit Guaranty Corporation (PBGC) uses to determine de minimis lump sum benefits in PBBC-trusteed terminated single-employer defined benefit pension plans and would discontinue monthly publication of PBGC’s lump sum interest rate assumption. Link https://www.federalregister.gov/documents/2019/09/30/2019-21087/lump-sum-payment-assumptions

PBGC Releases New Section 4062(e) Form

Document Excerpt Link https://www.pbgc.gov/prac/reporting-and-disclosure/erisa-section-4062-e

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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