Tag: benefits

IRS Issues Alternative Per Diems for 2013

Employers and plan administrators have more options now in choosing a way to reimburse the expenses their employees incur for lodging, meals and incidentals during business travel. The IRS in Notice 2012-63 issued per diem rates that are an alternative to the CONUS per diem rates the U.S. General Services Administration issues. The notice also […]

Funding Changes May Embolden Pension Investors to De-emphasize Risk

Many retirement plan sponsors and administrators are cheering the phase-in of reduced funding requirements that tie future company contributions to a 25-year average interest rate. Nonetheless, some experts predict that the changes may encourage investors in these plans to think less about hedging risk. A report Towers Watson issued, “The Implications of Funding Relief: What […]

Okla. AG Seeks Change to Employer Mandate in Health Law

Oklahoma’s Attorney General has revived his state’s challenge to the federal health reform law, this time targeting the law’s employer mandate. The state’s amended complaint at the U.S. District Court for the Eastern District of Oklahoma seeks to overturn an IRS regulation allowing some consumers to get federal subsidies to buy insurance on health insurance […]

Curbing FMLA/CFRA abuse: Recent legal developments

Curbing FMLA/CFRA abuse is complex. Employers must continue to meet their obligations to employees under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), yet they often fear claims of discrimination, harassment, or retaliation when rightfully trying to cut down on employee FMLA/CFRA abuse situations. Additionally, the case law […]

Sept. 23 Is the Key Date to Know the ABCs of SBCs

In some years, Sept. 23 represents the Autumn Equinox, but in 2012 for health plan sponsors and administrators, it triggers the compliance date for a key disclosure requirement under health reform: the distribution of summaries of benefits and coverage, beginning with open enrollment periods and/or plan years that begin on or after Sept. 23. Here […]

Vested Retiree Health Benefits Can Face ‘Reasonable’ Reductions, 6th Cir.

Retirees’ right to vested health benefits for life did not preclude a manufacturer of agricultural and construction equipment from reducing or restricting those benefits, the 6th U.S. Circuit Court of Appeals recently held in a split decision. In doing so, the circuit rejected the retirees’ argument that the company could not change the “scope” of […]

Court Reversal Allows Participants to Sue Fifth Third for Company Stock Drop

Plan sponsors that offer company stock in their retirement plan should watch carefully the results of a recent appellate court reversal that will allow participants in .’s defined contribution retirement plan to pursue an ERISA class action against the bank. They claim it endangered their savings by including company stock in their retirement plan shortly […]

SEC Grants Relief to 403(b) Plan Auto-enroll Arrangements

While the focus of late has been on complying with disclosure requirements from the U.S. Department of Labor, the Securities and Exchange Commission has its own set of disclosure criteria that 403(b) plans must follow. Specifically, 403(b) contracts that offer variable investment funds are subject to the jurisdiction of the Securities Act of 1933, the […]

Employer Can’t Pin COBRA Compliance on Insurer, Court Points Out

Under COBRA’s small-employer exception, employers with fewer than 20 employees do not have to offer COBRA coverage upon what would otherwise be “qualifying events.” This determination is made based on how many employees were employed, on average, during the prior calendar year. When purchasing group coverage, it is important for employers to be mindful of […]

HRAs Not the Only Way to Start a Wellness Program

Health risk assessments and biometrics, while an important source of wellness data, are not always the best place to start when implementing a wellness program, a wellness expert said in a Thompson Interactive webinar. “Think through your culture and what you’ve been doing,” said Brad Cooper, CEO of US Corporate Wellness. Many companies started with […]