In The News

  • Compliance Update | November 2018 | McGohan Brabender

    HOLIDAY SEASON GIFT IDEAS Just in time for the gift giving season I am pleased to announce the 2018/2019 Edition of my book, the Welfare Benefits Guide: Health Plans and Other Employer Sponsored Benefits, is now available. 2018-2019 Welfare Benefits Guide This makes the perfect stocking stuffer and we are adding a new twist. If you buy at least 10 sets of my book, I will autograph each one for a nominal fee. NEW HRA... Read More

  • Compliance Update | October 2018 | McGohan Brabender

    MEDICARE PART D NOTICES There are two Medicare Part D Notice requirements. Medicare Part D is the prescription drug benefits under Medicare. There are two notices. One goes to the employees and the other goes to the government. There is some confusion regarding the notices to employees. Everyone says this notice has to be distributed by October 15, which is the start of the annual open enrollment period. However, the rules say the notice has... Read More

  • Compliance Update | September 2018 | McGohan Brabender

    LEGAL FEES UNDER ERISA LITIGATION No one likes to be involved in a lawsuit except the lawyers. Oftentimes lawyers will take on a case because the statute allows for legal fees. ERISA is one of those laws. ERISA allows fees for “some success” The courts have expanded the circumstances under which lawyers can be awarded fees when the basis of the lawsuit is ERISA. The standard is now that the court may award legal fees... Read More

  • Compliance Update | August 2018 | McGohan Brabender

    Download PDF UPDATED MARKETPLACE NOTICES One of the most important parts of the Affordable Care Act is the marketplace, or health care exchange. Although the Trump administration continues to attack the statute, it still is the law of the land. One of the requirements is that employers notify new employees at the time of hire about the marketplaces or health care exchanges. Update to the Marketplace Notice The government provides a model notice employers can... Read More

  • Compliance Update | July 2018 | McGohan Brabender

    PCORI FEE DUE The PCORI fee is due the end of this month. The fee is assessed against all health plans. If you are sponsoring a fully insured health plan, the carrier pays the fees but passes the cost on to the employer through higher premiums. On the other hand, if you sponsor a self-funded health plan (including an HRA) then you have to report and pay the fee. PCORI fee: Key action item PCORI... Read More

  • Compliance Update | June 2018 | McGohan Brabender

    DOWNLOAD PDF FORM 5500 FILINGS ERISA imposes all kinds of reporting and disclosure obligations. One of the most important ones is the obligation to file Forms 5500. The filing requirement applies to welfare benefit plans that have at least 100 participants (i.e. employees) in them as of the first day of the plan year. A welfare benefit plan with more than 100 participants (i.e. employees) in it on the first day of the plan can... Read More

  • Compliance Update | April 2018 | McGohan Brabender

    DOWNLOAD PDF HSA REDUCTION RELIEF MAY BE COMING As we reported in the last newsletter, the IRS retroactively reduced the maximum 2018 family HSA contribution by $50. That is not a lot of money but it does create an administrative headache for those that previously contributed the maximum amount prior to the announcement. Transition relief may follow HSA contribution reduction It is possible Congress may step in and provide legislation granting transitional relief for the... Read More

  • Compliance Update | March 2018 | McGohan Brabender

    DOWNLOAD PDF   IRS REDUCES MAXIMUM 2018 HSA CONTRIBUTIONS In a surprise move, the IRS reduced the maximum amount an individual with family coverage under an HDHP can contribute to a HSA this year. The reduction is only $50 for the year. The IRS had previously said the 2018 maximum limit was $6,900 for anyone having family coverage under an HDHP, but earlier this month the IRS announced the maximum amount for anyone electing family... Read More

  • Compliance Update | February 2018 | McGohan Brabender

    MB FEBRUARY 2018 COMPLIANCE UPDATE IRS FORMS 1094 AND 1095 DUE DATE FAST APPROACHING The individual mandate is going away next year but the employer mandate remains in effect and ACA reporting requirements are intact. This means the deadline for submitting the forms to the IRS is February 28, 2018, if the forms are being submitted in paper format and April 2, 2018, if the forms are being submitted electronically. The deadline for providing the... Read More

  • Compliance Update | January 2018 | McGohan Brabender

    JANUARY COMPLIANCE UPDATE PDF IRS FORM 1094 AND IRS FORM 1095 Large employers (i.e. those with 50 or more full-time and full-time equivalent employees) and all employers (regardless of size) sponsoring self-funded health plans have to prepare, distribute and file IRS Form 1094 and IRS Form 1095. The deadline for distributing the forms to the employee has been extended. Information Reporting Requirements IRS Again Extends Distribution Deadline Note that the deadline for filing the forms... Read More

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