DOL’s FAQs on Conflict of Interest Regulations

The DOL releases a set of Frequently Asked Questions on its conflict of interest regulations scheduled to become applicable June 9, 2017. Document Excerpt The following FAQs provide additional information on the transition period from June 9, 2017 to January 1, 2018.1 This guidance, like the Fiduciary Rule and related exemptions, is generally limited to […]

Field Assistance Bulletin on Temporary Enforcement Policy on Fiduciary Rule

Field Assistance Bulletin 2017-02 provides the DOL’s temporary enforcement policy on the Fiduciary conflict of interest rule to become effective June 9, 2017. Document Excerpt Accordingly, during the phased implementation period ending on January 1, 2018, the Department will not pursue claims against fiduciaries who are working diligently and in good faith to comply with […]

Advisory Opinion on Multiple Employer Plan Status

The Advisory Opinion holds that, at least in form, the employer subgroup would form a valid group or association. Document Excerpt Assuming that the Consortium’s by-laws and the instruments governing the Plan and trust are adopted as described in this letter, it is the view of the Department that the participating employer members of the […]

Small Business will be allowed to Bypass the ACA Marketplace

CMS has announced that small businesses will be allowed to bypass the SHOP, the Affordable Care Act Marketplace designed for small businesses. Document Excerpt CMS will be exploring a more efficient implementation of the Federally-facilitated SHOP Marketplaces in order to promote insurance company and agent/broker participation and make it easier for small employers to offer […]

Tax Treatment of Benefits Paid from Self-Funded Health Plans

Chief Counsel Memorandum advises as to the treatment of benefits paid under an employer-provided self-funded health plan where the average amounts received by the employees for participating in a health-related activity predictably exceeds the after-tax contributions by the employees. Document Excerpt Yes, the amounts are included in income and wages for reasons including, but not […]

Qs and As on Risk Mitigation and Early Warning Program

The PBGC releases a series of Questions and Answers on its Risk Mitigation and Early Warning Program. Document Excerpt As part of posting our updated Risk Migration & Early Warning Program information, we asked stakeholders for feedback. Below are some Questions and Answers for the most common questions and comments we received. Link

Fourth Circuit’s Decision on Removal of Reynolds Stock

The Fourth Circuit affirms the district court’s decision concluding that the fiduciaries’ decision to remove Reynolds stock did not cause the losses because a prudent fiduciary would have made the same divestment decision at the same time. Document Excerpt The “would have” standard does not demand such an impossible feat. Having a standard in which […]

CBO Estimates Of American Health Care Act

The CBO has released its estimates of the direct cost and effect of the American Health Care Act passed by the House. Document Excerpt CBO and the staff of the Joint Committee on Taxation (JCT) have prepared an estimate of the direct spending and revenue effects of H.R. 1628, the American Health Care Act, as […]

2018 Adjusted HSA Limits

Revenue Procedure 2017-37 sets for the 2018 adjusted for Health Savings Accounts. Document Excerpt This revenue procedure provides the 2018 inflation adjusted amounts for Health Savings Accounts (HSAs) as determined under § 223 of the Internal Revenue Code. Link

Section-by-Section Summary of American Health Care Act

The House, on a partisan vote, passed the American Health Care Act designed to repeal and replace the Affordable Care Act. Document Excerpt Link

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