Tuesday, December 23, 2014

Tip Tuesday! Determining Minimum Value and Affordability

By Linda Rowings


The IRS has released final regulations that address how wellness incentives or penalties, contributions to a health reimbursement arrangement, and employer contributions to a Section 125 plan are applied to determine affordability. While these regulations were issued in connection with the individual shared responsibility requirement (also called the individual mandate), the agencies said that they expect to use the same approach when determining affordability for purposes of eligibility for the premium tax credit and the employer-shared responsibility/play or pay requirements.
The regulations provide that when deciding if the employee’s share of the premium is affordable:

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Friday, December 19, 2014

The worst list of holiday party rules you’ll read this year

By Tim Gould


OK. so it’s time for the obligatory holiday party story — the one where we run down all the bad things that might get employers in legal trouble during a get-together that’s supposed celebrate the season, raise employee morale and get people pumped for a bang-up 2015.  
If we were just a hair more cynical, we’d suggest bagging the whole idea altogether. Instead, though, let’s take a look at the things you can do at your get-together to guarantee some fresh new legal problems in the New Year (a hat tip to attorney Robin Shea, whose blog posts sparked this approach).

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Thursday, December 18, 2014

Supreme Court Agrees to Rule on Availability of Premium Tax Credits

By Linda Rowings



Premium tax credits are only available to individuals who obtain health coverage through a Marketplace. A dispute has arisen as to whether the IRS has the ability to interpret PPACA to allow the subsidy to individuals who obtain coverage through any Marketplace, or whether the language of PPACA limits eligibility to those who have obtained coverage through a state Marketplace. The U.S. Supreme Court has agreed to rule on whether premium tax credits may only be available to individuals who receive tax subsidies as a result of being enrolled in a state exchange. In the meantime, the IRS has stated that it will continue to issue tax credits to individuals in both state and federally-run Marketplaces.

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Wednesday, December 17, 2014

Feds’ 2015 to-do list: 5 things that’ll impact your job

By Jared Bilski


If we had to sum up what federal agencies such as the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) had planned for next year in just two words, it would be this: New regulations.
At the Fall 2014 Regulatory Agenda meeting, federal agencies like the DOL and EEOC gave some insight into their progress on the more than 75 rules and regulatory proposals in their queue.
Here are the proposed deadlines of regs that will impact HR pros the most next year:

DOL action items

1. Changes to the DOL’s overtime rule

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Tuesday, December 16, 2014

Tip Tuesday! Deadline for Submitting Information for Transitional Reinsurance Program Extended to 12/19/2014 -Clarification

By Larry Grudzien

Clarification:

This extension only applies to reinsurance insurers and not to health plans.  The deadline for employer health plans remains December 5, 2014.


Today  CMS extended deadline for contributing entities to submit their 2014 enrollment counts for the transitional reinsurance program contributions under 45 CFR 153.405(b).  The deadline has now been extended until 11:59 p.m.  EST on December 19, 2014.  The January 15, 2015 and November 15, 2015 payment deadlines remain the same.

For a copy of the announcement, please click on the link below:

https://www.regtap.info/uploads/library/DDC_InitialDataSubmissionDeadlineAdjustment_5CR_120514.pdf
 
 

Friday, December 12, 2014

4 keys to calculating full-time employees under Affordable Care Act

By Sheryl Southwick


Employers have 11 months to nail down just how many full-time employees they have before Obamacare’s employer mandate kicks in. The problem is, the law’s formula is tricky. To help with the math, 15-year benefits compliance vet Sheryl Southwick has some advice for employers.
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Under the Affordable Care Act’s (ACA) shared responsibility provision, a large employer (who employs at least 50 full-time equivalent employees on average) must offer affordable medical coverage to at least 95% of its full-time equivalent employees and their dependent children age 26 or younger — or face stiff penalties.
But who exactly is a “full-time equivalent employee?” Under the ACA rules, generally an employee is considered full-time if he or she is reasonably expected to work on average at least 30 hours per week, or 130 hours per month. Variable hour and seasonal employees may also be considered full-time under the new ACA rules.

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Thursday, December 11, 2014

2 Obamacare strategies the feds kill in new guidance

By Jared Bilski


The feds’ latest health reform guidance contains some unwelcome news for employers.
That’s because the Treasury, Department of Health and Human Services (HHS) and the Department of Labor’s (DOL) latest guidance specifically prohibits two strategies that a number of firms had been using to curb healthcare costs.
Here’s what the feds’ recent FAQ — the 22nd document in the series — says employers can’t do:

1. Offer cash to employees

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Wednesday, December 10, 2014

Here’s a look at Millennials that might surprise you

By Tim Gould


Those so-called Millennials might not be the selfish slackers they’re often described to be.  

The standard narrative is that these 18-to 30-somethings are lazy, feel entitled and don’t have good work ethic. But a recent survey from Bentley University in Massachusetts says different.

Click here to continue reading.

Tuesday, December 9, 2014

Tip Tuesday!. . . Better Not Cry; Better Not Use a Three Month Measurement Period, We’re Tellin’ You Why

By R. Pepper Crutcher, Jr.

The preamble to the IRS Employer Shared Responsibility Cost final rules said, “Under the look-back measurement method for ongoing employees, an applicable large employer member determines each ongoing employee’s full-time employee status by looking back at a standard measurement period of at least three months but not more than 12 months, as determined by the employer.”  79 Fed. Reg. 8,554 (Feb. 12, 2014).  Addressing comments about the three month measurement period, the preamble further said:

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Wednesday, December 3, 2014

The single health condition that costs employers $175 billion a year

By Tim Gould


If your wellness program doesn’t have a component that’s dedicated exclusively to preventing and managing diabetes, you’ll probably want to add one soon.  

If your wellness program doesn’t have a component that’s dedicated exclusively to preventing and managing diabetes, you’ll probably want to add one soon.

That’s one of the major takeaways from a recent comprehensive report on the impact of diabetes.
It’s no secret that diabetes is a condition that can wreak havoc on employees’ health — and employers’ bottom lines.

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Tuesday, December 2, 2014

Tip Tuesday! Can Employers Pay for Employees in Exchanges? No.

By Keith McMurdy


On November 6, the DOL issued FAQ Part 22, which directly addresses some recent efforts by employers to reimburse employees for participation in the exchange through Code Section 105, or through some type of other arrangement.  Here are the questions, with shortened answers.  For a complete copy of the notice, click this link.

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