It is a common practice for employers to offer employees a health care flexible spending account (“Health FSA”) option under a cafeteria plan. However, employers (and their COBRA administrators) may not be aware that Health FSAs are subject to COBRA
Benefits Law Update
Members of the Employee Benefits & Executive Compensation Group provide timely updates and commentary on developments affecting employee benefit plans and executive compensation arrangements. The blog is edited by Eric Altholz and Suzanne Meeker, with guest posts from other members of the group.
Latest from Benefits Law Update - Page 2
Novel 401(k) Plan Lawsuits Over the Use of Forfeitures—Swinging for the Fences or Plausible Claims?
In our December 7, 2023 post, we noted five class action lawsuits, all filed by the same law firm within two months, in which 401(k) plan participants allege plan fiduciaries violated ERISA by using plan forfeitures to offset employer…
Can a Self-Funded Group Health Plan Exclude Coverage for Gender-Affirming Care?
Section 457(f) Plans and Noncompete Clauses: What the IRS Gave, the FTC May Take Away
Why Is There No IRS Correction Program for Non-Governmental 457(b) Plans?
RxDC Reporting in Light of June 1, 2024 Deadline and Recent PBM Litigation
Under the Consolidated Appropriations Act of 2021 (“CAA”), employer-sponsored group health plans, including medical-only plans, must submit information about their prescription drugs and health care spending.[1] This submission is often referred to as the Prescription Drug Data Collection report,…
Health and Welfare Benefit Plan Fiduciary Governance in the Wake of the Johnson & Johnson Lawsuit
For the past few years, we have encouraged plan sponsors to focus on matters of fiduciary governance for their health and welfare benefit plans (see our 2021 blog post). Yet many plan sponsors overlook the fact that the…
Retirement Plans: What Categories of Employees may be Excluded?
We are often asked about the permissibility of excluding certain categories of employees from participating in an employer’s tax-qualified retirement plan.[1] This post provides a high-level summary of what is and is not permitted.
- Excludable by Statute. Certain categories
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