The Department of Labor recently issued FAQs addressing basic questions regarding the American Rescue Plan Act’s requirement that employers and health plans subsidize COBRA between April 1, 2021 and September 30, 2021 for assistance eligible individuals. In addition, the Department issued model notices which are required to be provided to certain former employees. The General
Employee Benefits
The American Rescue Plan Act: COBRA Subsidies and Other Employee Benefit Changes
The American Rescue Plan Act of 2021 (the “Act”) was signed into law on March 11, 2021. As well as providing extended unemployment, the Act provides for subsidized COBRA, an increase in the amount of dependent care assistance permitted, continued and expanded credit for paid sick and family leave, and assistance for certain single and…
The Consolidated Appropriations Act: 2021’s Employee Benefits Provisions
The Consolidated Appropriations Act, 2021 (“Act”), signed by President Trump on December 27, 2020, contains several provisions affecting employee benefits. Here is what you should know:
Temporary Special Rules for Health and Dependent Care Flexible Spending Arrangements
Carryover from 2020 and 2021 Plan Years: The Act permits plans to allow participants to carry over…
Department of Labor Issues New FMLA Forms, Questions and Answers, and a Request for Information
On July 16, 2020, the U.S. Department of Labor (“DOL”) released a series of new forms that can be used by employers and leave administrators related to the Family and Medical Leave Act (“FMLA”). The DOL claims the new forms are simpler and easier to understand for employers, healthcare providers, and employees. Some of the…
Supreme Court Rules that Employers May Use Religious and Moral Exemptions for Requirement to Provide Health Plan Coverage for Contraceptives
On July 8, 2020, in the consolidated cases of Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania et al. and Donald J. Trump, President of the United States, et al. v. Pennsylvania et al., the U.S. Supreme Court ruled that employers can exclude coverage for birth control from their health…
IRS Provides Increased Flexibility in Section 125 Cafeteria Plans
IRS guidance, Notice 2020-29 and 2020-33, issued on May 12, 2020 addresses unanticipated changes in health and dependent care expenses because of the 2019 Novel Coronavirus (COVID-19) pandemic by providing for increased flexibility with respect to mid-year elections under a Section 125 cafeteria plan during calendar year 2020 related to employer sponsored health coverage, health…
MANDATORY EXTENSION OF COBRA, CLAIMS PROCEDURE AND OTHER TIME FRAMES
On April 30, 2020, the Internal Revenue Service and the Department of Labor extended certain time frames for special enrollment in a health plan, COBRA coverage, claims procedures, and external reviews for all welfare and pension plans. Under the Rule, all group health plans, disability and other employee welfare benefit plans, and employee pension benefit…
Employer-Provided Health Coverage During the Reign of COVID-19
Over the past several weeks, human resources and employee benefits professionals (and their attorneys) have been scrambling to assemble staffing plans, telework arrangements and strategies for complying with the paid leave provisions in the Families First Coronavirus Response Act (“Response Act”). However, amidst the flurry of new laws, guidance and blog articles landing in your…
President Trump Signs Families First Coronavirus Response Act to provide Paid FMLA Leave and Paid Sick Leave in Response to COVID-19
Yesterday, President Trump signed into law historic legislation that will have a significant impact on a many employers nation-wide. The legislation, called the Families First Coronavirus Response Act, has many provisions. We will focus this discussion on the workplace issues that most employers can expect to face.
Paid Sick Leave
The law includes the Emergency…
RECENT CHANGES IN EMPLOYEE BENEFITS LAW-WHAT YOU NEED TO KNOW FOR 2020
In the past few months, we have seen significant changes to the laws governing employee benefits, from the new hardship withdrawal regulations for 401(k) participants, to the SECURE Act, to the new individual coverage health reimbursement arrangement (“HRA”). Here is what you need to know for 2020:
Starting December 20, 2019:
- Qualified Plan loans
…