Thursday, February 17, 2011 | Robert A. (Rob) Browning
Filed under:
Fringe Benefits, Health Plans, Cafeteria Plans
In an apparent change of position, the IRS has now indicated (in Announcement 2011-14) that breast pumps and supplies that assist lactation qualify as medical care expenses under Code Section 213(d) because they are for the purpose of affecting a structure or function of the lactating woman’s body.
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Thursday, November 18, 2010 | Chadron Patton
Filed under:
Fringe Benefits, Health Care Reform, Cafeteria Plans
Amid the year-end rush to comply with the reform provisions of the Affordable Care Act (“ACA”) for group health plans, it is easy to overlook the ACA’s effects on other health plan arrangements. As discussed in our
May 2010 article, cafeteria plans, health flexible spending accounts (“FSAs”), health savings accounts (“HSAs”), and health care reimbursement arrangements (“HRAs”) are subject to several of the same requirements that apply to group health plans.
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Friday, November 20, 2009 | Robert A. (Rob) Browning
Filed under:
Fringe Benefits, 401(k) Plans, Qualified Retirement Plans
In September of this year, the IRS issued
official guidance on how employers may convert unused leave under a bona fide sick leave, vacation leave, or paid-time-off (“PTO”) program into contributions to a qualified, defined contribution plan (such as a profit sharing or 401(k) plan). Revenue Rulings 2009-31 and 2009-32 provide a virtual “roadmap” for how the value of unused leave (that might otherwise be forfeited each year or paid out in cash on termination of employment) may be used as a basis for making additional employer contributions, or in some cases, employee elective deferrals, to such a plan.
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Friday, September 04, 2009 | Gregory L. Ash
Filed under:
Fringe Benefits, Wellness Programs
In a closely watched case pending in a Massachusetts federal court, Scotts LawnService has successfully defended its policy of refusing to hire anyone who smokes, even if they do so on their own time. The employer’s anti-smoking policy was just one component of a comprehensive wellness initiative. Employers across the country who are seeking judicial guidelines on the extent to which they can stretch wellness programs may find some comfort in this ruling, but they would be well advised not to place too much emphasis on it.
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Wednesday, May 27, 2009 | Kenneth A. Mason
Filed under:
Fringe Benefits, Dollar Limits, Health Plans
Assuming a health savings account (“HSA”) is paired with a high deductible health plan (“HDHP”), an individual’s contributions to the HSA are tax-deductible. Section 223 of the Tax Code specifies a maximum annual HSA contribution, as well as both a minimum annual deductible and a maximum annual out-of-pocket amount for an HDHP. These calendar-year amounts are subject to annual inflation adjustments, based on the increase in the consumer price index (“CPI”) during the 12-month period ending on the prior March 31st.
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Saturday, March 01, 2008 | Kenneth A. Mason
Filed under:
Fringe Benefits, Fiduciary Duties, Participant Communications
A major insurer learned, to its chagrin, that it doesn’t pay to include soothing words in a summary plan description (“SPD”) unless those words are actually acted upon. The result in Rosenberg v. CNA Financial Corp. was potential liability for nearly $5 million in severance benefits that were clearly not payable under the terms of the plan.
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Saturday, September 01, 2007 | Kenneth A. Mason
Filed under:
Fringe Benefits, Legislation, Cafeteria Plans
Missouri has followed the lead of Massachusetts and a handful of other states in mandating that most employers establish a cafeteria plan through which their employees may pay their health insurance premiums on a “pre-tax” basis. This cafeteria plan mandate is just one aspect of the “Missouri Health Insurance Portability and Accountability Act” (or “Missouri HIPAA”), as enacted by the Legislature during its 2007 session.
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Wednesday, August 01, 2007 | Kenneth A. Mason
Filed under:
Fringe Benefits, Cafeteria Plans
The Internal Revenue Service has withdrawn several sets of proposed and temporary regulations under Section 125 of the Tax Code (some dating back to 1984) and then reproposed those regulations in a substantially reorganized format. Though the substantive changes made by these regulations are few, the comprehensive nature of the regulations will make them of great interest to sponsors and administrators of cafeteria plans.
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Thursday, March 01, 2007 | Kenneth A. Mason
Filed under:
Fringe Benefits, ERISA Litigation, Fiduciary Duties
A recent decision by a Utah federal court serves as a reminder that fully insured welfare plans actually achieve their goal of transferring an employer’s risk to an insurer only if the employer meets its fiduciary obligations during the enrollment process.
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Monday, January 01, 2007 | Kenneth A. Mason
Filed under:
Fringe Benefits, Health Plans, Legislation
Before the 109th Congress rode into the sunset, it gave the benefits world a parting gift: the Tax Relief and Health Care Act of 2006. This law adds substantial new flexibility to health savings accounts (“HSAs”) that many employers may find attractive.
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Wednesday, November 01, 2006 | Kenneth A. Mason
Filed under:
Fringe Benefits
Citing Supreme Court decisions from the first half of the twentieth century, the IRS has developed and applied the “assignment of income” doctrine. Under this doctrine, an employee’s assignment to another person of his or her right to receive compensation does not relieve the employee of tax liability for the assigned income.
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Wednesday, March 01, 2006 | Kenneth A. Mason
Filed under:
Fringe Benefits, Fiduciary Duties
A recent decision by an Ohio federal court illustrates an important distinction between two regulatory exemptions from ERISA’s definition of an “employee welfare benefit plan.” These are the exemptions for “payroll practices” and for “voluntary insurance arrangements.”
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Wednesday, March 01, 2006 | Kenneth A. Mason
Filed under:
Fringe Benefits, Health Plans, Qualified Retirement Plans
Two recent private letter rulings by the Internal Revenue Service confirm that domestic partners – even when granted the same rights as married couples under state law – cannot be treated as spouses by retirement plans. The IRS issued the private letter rulings to two governmental deferred compensation plans intended to be eligible under Tax Code Section 457(b). These plans were maintained in a state that grants registered domestic partners the same treatment as married couples.
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Wednesday, March 01, 2006 | Kenneth A. Mason
Filed under:
Fringe Benefits, Fiduciary Duties
Yet another recent federal court opinion reminds us that ERISA plans – and thus ERISA obligations – may be created even when they are not intended. While an Ohio court was construing the “payroll practices” exemption from ERISA in the Langley case (see “What is in a Name? Not an ERISA Plan”), a court in Texas construed a similar exemption for “voluntary insurance arrangements,” and found it unavailable. Yet another recent federal court opinion reminds us that ERISA plans – and thus ERISA obligations – may be created even when they are not intended.
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