On August 23, the Internal Revenue Service issued Rev. Proc. 2023-29, announcing that the Affordable Care Act (ACA) affordability threshold will be 8.39% for plan years beginning in 2024, a substantial decrease from the 9.12% affordability threshold set for
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2023 ERISA Welfare Plan Automatic Participant Disclosures Checklist
We recognize that many companies sponsor ERISA welfare benefit plans and will soon be undergoing their open enrollment process and issuing related participant communications. To assist with that process, we have prepared an Automatic Participant Disclosures Checklist for use during
Register Now | Significant Labor & Employment Law Developments Impacting the Workplace
Recent years have brought a steady stream of developments in labor and employment law, and 2023 has been no exception. As we expect regulatory and legislative changes to continue, it is critical for employers and HR professionals to stay informed
Flexible Spending Accounts: Require Substantiation or Risk Disqualification
On April 28, 2023, the IRS Office of Chief Counsel issued Chief Counsel Advice Memorandum 202317020 (CCA Memo), with an important reminder to employers who provide health and dependent care flexible spending arrangements (FSAs) under an Internal Revenue Code (Code)
Insight on Tenth Circuit Ruling in PBM-Reform Law Challenge
I recently provided insight for an article in Benefits Pro examining the Tenth Circuit ruling that certain state regulation of pharmacy benefit managers (PBMs) is preempted by ERISA.
Amid Concerns, IRS Delays Required Roth Catch-Ups Until 2026 to Allow For Plan Compliance
Late last week, the Internal Revenue Service (IRS) issued guidance on Section 603 of the SECURE 2.0 Act with respect to catch-up contributions. The guidance includes a two-year administrative transition period – until 2026 – to implement the Roth catch-up
Tenth Circuit Rules ERISA Preempts Oklahoma PBM-Reform Law
In a win for self-funded (i.e., self-insured) health plans subject to the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Tenth Circuit recently ruled that ERISA preempts provisions of an Oklahoma law regulating pharmacy benefit managers (PBMs)
Tenth Circuit Rules ERISA Preempts Oklahoma PBM-Reform Law
In a win for self-funded (i.e., self-insured) health plans subject to the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Tenth Circuit recently ruled that ERISA preempts provisions of an Oklahoma law regulating pharmacy benefit managers (PBMs)
New Proposed Mental Health Parity Rules Amid Report of Widespread Failure
On July 25, the Department of Labor, Department of the Treasury, and Department of Health and Human Services (the Departments) released new Proposed Rules (Proposed Rules) that clarify certain requirements imposed by the Mental Health Parity and Addiction Equity Act
Employers Must Switch to New Version of Form I-9 by October 31, 2023
The U.S. Citizenship and Immigration Services (USCIS) recently announced that it will publish a revised Form I-9 (Employment Eligibility Verification), which is used by employers to verify an employee’s identity and employment authorization.