Employee Benefits

The newsletter of the ISBA’s Section on Employee Benefits

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2017 Articles

ACA & ERISA update By Wesley Covert September 2017 To date, the IRS has yet to issue an enforcement letter for the ACA’s Employer Shared Responsibility Mandate (which penalizes large employers that do not offer certain qualifying health coverage to full-time employees).
Bothered by unsolicited calls on your mobile phone? By Don Mateer September 2017 Download Hiya and identify whether an incoming call is legitimate or spam!
Court permits fraud claim against hospital based on PPO agreement March 2017 A recent decision from the Third District Appellate Court involves a PPO arrangement between the defendant-hospital and an insurer, where the plaintiff was a participant in the PPO plan and received medical services at the hospital.
DOL issues final disability claim procedures rules: Employers must act By Steve Flores & Marissa Sims June 2017 Employers who sponsor employee benefit plans that provide disability benefits will need to revisit policies and procedures, plan documents, summary plan descriptions and claim-related notices in light of final regulations that apply to claims for disability benefits made on or after January 1, 2018.
Employers must prepare for penalty assessments under the Affordable Care Act By Steve Flores December 2017 The Internal Revenue Service recently released a set of FAQs and a new form Letter 226J that will be used to alert employers of a penalty under 4980H of the Internal Revenue Code.
Familial relationship within the context of PERM Labor Certification Application By Rabindra K. Singh June 2017 When deciding whether or not to pursue and submit a Labor Certification Application on behalf of a Foreign National who happens to have a “family relationship” with the owners, stockholders, partners, corporate officers, or incorporators of the sponsoring Employer, one should take into consideration all nine factors of the “totality of circumstances” test.
Final rule on health plan nondiscrimination By William H. Mayer March 2017 Gender identity discrimination in health plans may end with the implementation of final regulations under the Patient Protection and Affordable Care Act. This article discusses the federal and state regulations as well as current litigation and other considerations affecting the availability of transgender related services.
Five action steps now to make your money last By Susan Stein December 2017 Making your money last through your lifetime is challenging enough. Don’t make it harder by avoiding the subject. Taking steps now can make your retirement years much easier and enjoyable.
Health care quality: HHS should set priorities and comprehensively plan its efforts to better align health quality measures March 2017 In addition to discussing recent health law court decisions, this issue of the Health Care Lawyer includes the summary of a recent Government Accountability Office report HHS Should Set Priorities and Comprehensively Plan Its Efforts to Better Align Health Quality Measures which looks at the problems caused to providers by the use of multiple, differing quality measures.
Illinois Secure Choice Savings Program Act By Bernard G. Peter September 2017 An overview of this Act, which requires most employers in Illinois to offer a retirement program or provide employees a payroll deposit retirement savings arrangement provided for by the Act as of July 1, 2017.
Immigration enforcement in the workplace likely to increase By Shannon M. Shepherd June 2017 A look at how employers can anticipate, prepare, and react to a visit from ICE.
Just in time for the holidays, the IRS issues employer mandate tax assessment guidance By Chad DeGroot December 2017 The IRS recently updated its FAQ guidance on employer shared responsibility payments under the Affordable Care Act.
New IRS audit guidelines address missing participants and unpaid retirement benefits By Wesley Covert December 2017 On October 19, 2017, the Internal Revenue Service (IRS) released guidance for when a plan’s efforts to locate missing participants and beneficiaries should be challenged on audit.
Overview of the healthcare landscape as it relates to Medicaid managed care By Dara M. Bass September 2017 A Request for Proposals (RFP) has been issued to determine what the changes to Medicaid might be, and it's likely to create a number of different changes in Medicaid for the state of Illinois.
Pension plan and health plan limitations for 2018 By Wesley Covert December 2017 In October 2017, the Internal Revenue Service issued Notice 2017-64 and Revenue Procedure 2017-58, containing the cost-of-living adjustments applicable to retirement plan limitations under the Internal Revenue Code and health flexible spending accounts under a Code §125 cafeteria plan and the parking and transit account limits under an Code §132 Transportation Plan.
Plan audit checklist By Bernard G. Peter March 2017 A list of the actions that should be taken to determine whether plan operations comply with plan provisions.
Protective plan provisions By Kathryn J. Kennedy June 2017 The federal courts have expanded what can be included in the terms of certain plan provisions, with a result that is more favorable, and thus more protective, to plan sponsors in ERISA litigation. This article examines these protective plan provisions.
Race, ethnicity affect kids’ access To mental health care, study finds By Shefali Luthra September 2017 Getting treatment for a mental health condition remains difficult — and it’s worse for children, especially those who identify as black or Hispanic.
Reminder: U.S. Citizenship and Immigration Services’ new digital form I-9 has taken effect By Jacob Hogg & Rebecca Mancini June 2017 Employer representatives overseeing the employment eligibility and verification process must ensure that the new Form I-9 with the revision date of Nov. 14, 2016 is used for all new hires going forward.
Saving multi-employer pension plans By Douglas A. Darch September 2017 Multi-employer pension plans can be saved and deserve to be saved.
Successor employer creates and then inherits predecessor’s pension withdrawal liability By Douglas A. Darch March 2017 Attorneys advising employers in the construction industry would be well served to review the decision in Resilient Floor Covering Pension Trust Fund v. Michael’s Floor Covering and its consequences.
Taking FMLA leave does not guarantee reinstatement By Michael R. Lied December 2017 Employees sometimes think taking FMLA leave insulates them from an adverse employment action. Not so, as a couple of recent cases make clear.
Update: DOL Proposes Delay to Disability Claims Procedure Rule By Steve Flores December 2017 In January 29, 2017 the DOL published a final rule that delays for ninety days—through April 1, 2018—the applicability of the final rule amending the claims procedure requirements for disability-related claims.
US Department of Labor issues final disability claim procedure rules By Steve Flores & Marissa Sims September 2017 Employers who sponsor employee benefit plans that provide disability benefits will need to revisit policies and procedures, plan documents, summary plan descriptions and claim-related notices in light of final regulations that apply to claims for disability benefits made on or after January 1, 2018.