CCIIO Technical Guidance on Medical Loss Ratio Reporting

Technical Guidance 2012-004 provides guidance in Q s and As on medical loss ratio reporting requirements. Document Excerpt  Section 2718 of the Public Health Service Act (PHS Act), as added by the Patient Protection and Affordable Care Act (Affordable Care Act), requires health insurance issuers (issuers) to submit a medical loss ratio (MLR) report to the […]

Guidance on $2,500 Limit

Notice 2012-40 provides guidance on the effective date and amendment deadline for the $2,500 limit on health flexible spending accounts. Document Excerpt  This notice provides guidance on the effective date of the $2,500 limit (as indexed for inflation) on salary reduction contributions to health flexible spending arrangements (health FSAs) under § 125(i) of the Internal […]

Advisory Opinion Addresses Multiple or Single Employer Status of Marketed Arrangement

Advisory Opinion 2012-04A rejects single employer status of Section 401(k) plan covering employees of multiple unrelated employers. Document Excerpt  Accordingly, it is the view of the Department that the Plan does not constitute a single “multiple employer” plan for purposes of ERISA, but rather is an arrangement under which each participating employer establishes and maintains […]

Advisory Opinion Adresses Single Employer Plan Status of Merged Plans

Advisory Opinion 2012-03A addresses whether the merging of abandoned pension plans into a single arrangement would constitute a single employer pension plan for purposes of ERISA. Document Excerpt This conclusion reflects the established judicial view that the person or group maintaining an “employee benefit plan” under ERISA must be tied to the employees or the […]

Status under ERISA of Section 403(b) Arrangement

Advisory Opinion 2012-02A addresses the status of a Section 403(b) arrangement for purposes of ERISA coverage if the employer makes matching contributions to another plan. Document Excerpt It is the view of the Department, however, that conditioning employer contributions to the separate pension plan on the employee making salary reduction contributions to the 403(b) plan […]

Use of Electronic Media for Qualified Transportation

Notice 2012-38 request comments on what additional guidance may be needed after Rev. Rul. 2006-57 providing guidance on the use of smart cards, debits or credit cards or other electronic media to provide qualified transportation fringe benefits under Section 132(a)(5). Document Excerpt This Notice requests public comments on issues associated with Revenue Ruling 2006-57, 2006-2 […]

Further Rule on Definition of “Swap Dealer”

The SEC releases a final regulation on the definition of “swap dealer” and “securities-based swap dealer” under the Dodd-Frank Act including swap positions maintained by ERISA or governmental plans. Document Excerpt In accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (‘‘Dodd-Frank Act’’), the Commodity Futures Trading Commission (‘‘CFTC’’) and the […]

Report Says Affordable Care Act will result in Loss of Employer Coverage

The report, by Representative Camp, cites among the potential causes for employers to drop coverage, the size of the penalty relative to the cost of providing coverage. Document Excerpt  The Democrats’ health care law contains a number of policies that create perverse financial incentives for employers to stop offering health insurance to their employees, perhaps none more […]

Health Benefits Seminar

The DOL will hold a health benefits law compliance seminar in St. Louis, June 13-14. Link http://www.dol.gov/ebsa/pdf/HBECMO061312.pdf

FAQs on Mental Health Parity Act for Employees

The DOL releases a FAQ on the Mental Health Parity Act for employees. Document Excerpt The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) was signed into law on October 3, 2008 and became effective for plan years beginning on or after October 3, 2009. MHPAEA greatly expands on an earlier law, the […]

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