Today's Update

IRS Guidance

New Mailing Address for EP Including Determination Letter Applications

Document Excerpt Effective immediately, the mailing address for EP submissions for determination letters, letter rulings and IRA opinion letters is: Internal Revenue Service 7940 Kentucky Drive MS 31A Florence, KY 41042 Link https://www.irs.gov/faqs/retirement-plans/new-mailing-address-for-employee-plans-submissions

Chief Counsel Memorandum Reminding What is Required to have a Deductible Contribution

Document Excerpt Link https://www.irs.gov/pub/irs-wd/201935011.pdf

ACA Provider Fee for 2020

Document Excerpt This notice provides the Applicable Amount for the fee imposed by Section 9010 of the Patient Protection and Affordable Care Act (PPACA) for the 2020 fee year. Link https://www.irs.gov/pub/irs-drop/n-19-50.pdf

IRS Again Extends Temporary Nondiscrimination Relief for Closed Defined Benefit Plans

Document Excerpt This notice extends the temporary nondiscrimination relief for closed defined benefit plans that is provided in Notice 2014-5, 2014-2 I.R.B. 276, by making that relief available for plan years beginning before 2021 if the conditions of Notice 2014-5 are satisfied. Link https://www.irs.gov/pub/irs-drop/n-19-49.pdf

Guidance for Employers and Employees when Participants don’t cash Distribution Checks

Document Excerpt (1) Individual A’s failure to cash the distribution check she received in 2019 does not permit her to exclude the amount of the designated distribution from her gross income in that year under § 402(a). (2) Individual A’s failure to cash the distribution check she received does not alter Employer M’s obligations with […]

Indexed Section 36B Amounts

Document Excerpt This revenue procedure provides indexing adjustments for certain provisions under § 36B of the Internal Revenue Code. In particular, it updates the applicable percentage table in § 36B(b)(3)(A)(i) (Applicable Percentage Table) to provide the Applicable Percentage Table for calendar year 2020. This table is used to calculate an individual’s premium tax credit. Link […]

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

Proposed Submission for OMB Review and Comment for 5500

Document Excerpt The Pension Benefit Guaranty Corporation (PBGC) intends to request that the Office of Management and Budget (OMB) extend approval (with modifications), under the Paperwork Reduction Act of 1995, of its collection of information for Annual Reporting under OMB control number 1212-0057, which expires on January 31, 2022. This notice informs the public of […]

PBGC Annual Projections Report

Document Excerpt The Pension Benefit Guaranty Corporation (PBGC) insures pension participants against loss of some or all of their pension benefit when a private sector pension plan fails. PBGC operates two separate insurance programs, one for Single-Employer and one for Multiemployer defined benefit pension plans. The amount of benefits guaranteed, the point at which the […]

PBGC Request for OMB Approval of New Cessation of Operations Reporting Form

Document Excerpt The Pension Benefit Guaranty Corporation (PBGC) is requesting that the Office of Management and Budget (OMB) approve, under the Paperwork Reduction Act, a collection of information that is necessary to fulfill various reporting obligations following a cessation of operations at a facility. Link https://www.federalregister.gov/documents/2019/07/25/2019-15763/submission-of-information-collection-for-omb-review-comment-request-notices-under-section-4062e-of

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

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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