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Employers' Ability to Recover Mistaken HSA Contributions

 March 18 2019     Diane Cross
Generally, contributions to an HSA are nonforfeitable (meaning contributions cannot be recouped once made).  But unfortunately, even with the best efforts, mistakes happen when administering HSA contributions.  To that end, IRS Notice 2008-59 provided welcomed guidance for employers and explained circumstances where an employer can recoup contributions made to an employee’s HSA, in...

How VA Medical Benefits Can Impact HSA Eligibility

 March 11 2019     Diane Cross
Because Health Savings Accounts (HSAs) provide such significant tax advantages, the IRS imposes strict eligibility requirements.  Generally, to be eligible for an HSA, an individual must: Be enrolled in a High Deductible Health Plan (HDHP); Not be covered by any disqualifying coverage; Not be enrolled in Medicare; and Not be eligible to be claimed as a dependent on ano...

ERISA's Summary Plan Description (SPD) Requirement - A Wrap Document Can Help

 February 28 2019     Diane Cross
The Employee Retirement Income Security Act (ERISA) sets minimum standards for employee benefit plans, providing several rules for private-sector employer sponsored group health plans (governmental and church plans are exempt from ERISA). Among ERISA’s many rules is the requirement to provide each participant with a Summary Plan Description (SPD). We often discover that many employers mista...

Medicare Part D Creditable Coverage Disclosure Due to CMS by March 1st

 February 8 2019     Diane Cross
It’s time again for many employers to disclose Medicare Part D Creditable Coverage status to the Centers for Medicare & Medicaid Services (CMS).  As a reminder, there are two disclosures required annually for certain employers related to Medicare Part D.  Employers with plans providing prescription drug coverage to individuals that are eligible for Medicare Part D must disclose...

Wellness Programs: Impact of the Vacated EEOC Wellness Incentive Maximum

 January 31 2019     Diane Cross
As mentioned in previous blog posts, most recently Wellness Program Incentives – Planning for 2019, the EEOC rule allowing a maximum wellness program penalty/incentive of 30% is vacated, effective since January 1, 2019. Since the rule has been vacated, we have received questions from employers curious if the other EEOC requirements still apply, as discussed below.  It is important to f...

COBRA Responsibility in Mergers & Acquisitions

 January 11 2019     Diane Cross
Business reorganizations, such as mergers and acquisitions (M&A), directly impact employee benefits administration – and one consideration is COBRA responsibility. What is our COBRA responsibility as a result of our business sale (or purchase)? is a common question we receive from employers. The short answer is, it depends on the circumstances, discussed further below.   W...

ACA Ruled Unconstitutional: What's the Impact?

 December 18 2018     Diane Cross
Last week, a federal judge ruled in Texas v. United States that the Affordable Care Act (ACA) is invalid. More specifically, the Court held that since the individual mandate penalty is eliminated (as of 2019), the entire ACA is unconstitutional. As expected, employers want to know what this means for their employee benefits administration.  For now, the ACA remains in place and employer...

ACA Reporting Update: Deadline Extended for Providing Information to Individuals

 December 10 2018     Diane Cross
Once again, the IRS (via Notice 2018-94) extended the due date for distributing forms 1095-C or 1095-B to individuals.  Originally due by January 31, 2019, self-funded employers and applicable large employers (ALEs) now have until March 4, 2019, a 30-day extension, to distribute Form 1095-C or 1095-B to individuals.  This is automatic and employers will not need to apply for this extensi...

Another Update from the IRS: FSA Contribution Limit Increase for 2019

 November 26 2018     Diane Cross
As anticipated, the 2019 maximum contribution limit for health flexible spending accounts (FSAs) is $2,700 (up $50 from $2,650 in 2018).  Recently, the IRS released annual inflation adjustments via Revenue Procedure 2019-57, which included an adjustment for FSAs.  For 2019, employees can elect up to a $2,700 salary reduction for contributions to their FSAs if their employers allow. ...

ACA Reporting for 2018: What's Changed?

 November 20 2018     Avery Ozimek
It’s again time for applicable large employers (ALEs) and employers who sponsor self-funded group health plans to prepare for reporting requirements under the Affordable Care Act (ACA).  For 2018, very little has changed from 2017. However small the change though, it is still important to understand the changes to properly comply and avoid penalties. (I know many employers are still hop...
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