On December 18, 2015, President Obama signed The Protecting Americans from Tax Hikes Act (the “Act”). The Act contains a requirement that 501(c)(4) social welfare organizations file a notice with the IRS. Prior to the Act, 501(c)(4) organizations could, but were not required to, submit a Form 1024 requesting tax-exempt status from the IRS. The new notice requirement applies to 501(c)(4) organizations that are created after December 18, 2015 and to certain organizations existing on that date. New organizations are required to file the notice with the IRS no later than 60 days after the organization is created. For other …
The Importance of “Wrap” Documents – A Key to ERISA Compliance for Group Health and Welfare Plans
To ensure compliance with ERISA’s documentation and disclosure rules for health and welfare plans (medical, dental, vision, group term life insurance, and disability insurance plans), the plans must be set forth in written plan documents that meet specified content requirements. Although employers receive insurance policies or certificates of coverage from insurers or third party administrators, these documents rarely specify the named fiduciary, the procedures for amending the plan or the allocation of responsibilities for the operation and administration of the plan among the employer, the insurer, and the third party administrator. ERISA also requires employers to provide to each employee …
Effective Date of the ACA’s “Cadillac” Tax Postponed by the Appropriations Act
The monolithic Consolidated Appropriations Act of 2016, which became law December 18, changes the effective date of the Affordable Care Act’s so-called “Cadillac” tax. A key funding mechanism of the ACA is a 40 percent excise tax imposed on the cost of employer sponsored health coverage furnished to an employee that exceeds a statutory limit. Under the ACA, this tax becomes effective in 2018. However, after an intensive lobbying effort led by business and organized labor, Congress included a provision in the Appropriations Act that delays the effective date of the excise tax to 2020. The Appropriations Act also changes …
Supreme Court Upholds Affordable Care Act Tax Credits
On June 25th the Supreme Court ruled that premium tax credits provided by the Affordable Care Act (ACA) to help individuals of low or moderate income to buy health insurance either on state- or federally-managed marketplaces are lawful. This means that people in all states, including the 34 states with federally-facilitated marketplaces, will continue to have access to the tax credits. Because of the Court’s 6 to 3 ruling in King v. Burwell, ACA will remain unchanged, and individuals, employers, and health insurers must continue to comply with the law’s individual and employer coverage mandates. Backdrop ACA requires most Americans …
IRS Affordable Care Act Penalty Relief for Small Employers Expires Soon
Previously the IRS announced that employer payment plans would violate the Affordable Care Act and subject an employer to penalties. An employer payment plan is a plan under which an employer reimburses an employee for all or part of the premium for an individual health insurance policy. The penalty for this arrangement is $100 per participant/per day. In February the IRS granted small employers (those with fewer than 50 full-time employees) a break from the penalty through June 30, 2015. If a small employer is still reimbursing employees for individual health insurance premiums, the employer must stop the reimbursements no …
EEOC Challenges Wellness Programs
Many employers are implementing wellness programs associated with providing employees health insurance. The EEOC is concerned about wellness programs and has filed at least two complaints this year alleging that an employer’s wellness program violated the Americans with Disabilities Act of 1990. In the first complaint, EEOC v. Orion Energy Systems, Inc., the employer implemented a wellness program under which the employees were required to complete a health risk assessment that included a physical fitness component. The health risk assessment required that employees disclose their medical history, answer disability-related inquiries, and have blood work performed. One employee objected to participation …
IRS Announces 2015 Pension Plan Limitations
On October 23, 2014, the IRS announced cost-of-living adjustments for 2015 retirement plan contributions. For 2015, the amounts that individuals will be able to contribute to retirement plans will increase $500 to $18,000. The catch-up contribution limit for employees age 50 and over will also increase $500 to $6,000. This chart summarizes the limitations for 2015: Contribution Limits 2015 2014 Elective Deferral Limit – 401(k), 403(b) and 457(b) Plans $18,000 $17,500 Catch-Up Contribution Limit $6,000 $5,500 Elective Deferral Limit – SIMPLE Retirement Plan $12,500 $12,000 Catch-Up Contribution Limit – SIMPLE Retirement Plan $3,000 $2,500 Contribution Limit – IRA $5,500 $5,500 …
IRS Announces Restatement Deadline for Retirement Plans
An employer that has an IRS preapproved retirement plan, such as a 401(k) plan, profit sharing plan, or money purchase pension plan, is required to restate the plan every six years for changes in the law. The last six year restatement cycle ended April 30, 2010 and the IRS has announced that the second restatement cycle will run through April 30, 2016. Any employer that does not restate a preapproved retirement plan by April 30, 2016 will be subject to a late amender penalty. Generally, an employer is not going to be able to get a determination letter from the …
- Page 2 of 2
- 1
- 2