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SW Benefits Blog

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By: Snell & Wilmer

Blog Authors

Marvin "Bucky" Swift
Amberlee (Conley) Lapointe
Alapointe
Allison B. Bans
Matthew Chiarello
Greg Gautam
Nancy K. Campbell
Kbalsan
Anne M. Meyer
Anne Meyer
Briana Montgomery
Matthew P. Chiarello

Latest from SW Benefits Blog

SW Benefits Blog

Tighter Margins: IRS Makes It More Difficult to Meet ACA Affordability Safe Harbors in 2024

By Matthew P. Chiarello
September 14, 2023

We have reported previously on the importance of understanding the coverage and reporting rules of the Affordable Care Act.  In particular, Code Section 4980H imposes penalties on large employers for failure to offer minimum essential coverage to 95% or more…

SW Benefits Blog

IRS Delays Roth Catch-Up Contribution Requirement

By Anne M. Meyer
August 28, 2023

On August 25, 2023, the IRS issued Notice 2023-62, which gives retirement plan sponsors a two-year administrative transition period to implement the SECURE 2.0 requirement that certain catch-up contributions to 401(k) and similar defined contribution plans be made on…

SW Benefits Blog

Compliant Clawback Policies Must be Adopted Before December 1, 2023

By Greg Gautam
August 28, 2023

As noted in a prior post, both the  New York Stock Exchange (“NYSE”) and Nasdaq have adopted listing standards that requires issuers to adopt compliant clawback policies by December 1, 2023.  Adoption of such policies and/or the amendment of…

SW Benefits Blog

Three Facts Every Employer Should Know about Code Section 4980H Penalties

By Matthew P. Chiarello
August 18, 2023
  • Despite many legal challenges, the Affordable Care Act remains the law of the land.  In particular, Code Section 4980H imposes penalties on large employers for failure to offer minimum essential coverage to 95% or more of their full-time employees (and
  • …

    SW Benefits Blog

    Another HIPAA Special Enrollment Deadline Extension – What’s a Group Health Plan to Do?

    By Allison B. Bans
    July 31, 2023

    Just when you thought the confusing COVID-19 ERISA deadline extensions were behind you, the Biden-Harris Administration asks you to reconsider. 

    Recap – In response to the COVID-19 National Emergency, DOL and Treasury issued guidance requiring benefit plans to extend certain…

    SW Benefits Blog

    SECURE 2.0 and Required Minimum Distributions in 401(k) Plans: What Plan Sponsors Need to Know

    By Anne M. Meyer
    July 31, 2023

    SECURE 2.0 brought significant changes to retirement planning and distributions, including updating the Required Minimum Distribution (RMD) requirements.  As background, RMDs are the minimum amounts that individuals who attain their “required beginning date” must withdraw from their retirement accounts each…

    SW Benefits Blog

    SECURE 2.0 Expands Self-Correction Under EPCRS

    By Amberlee (Conley) Lapointe
    June 30, 2023

    Effective December 29, 2022, Section 305 of SECURE 2.0 expands the ability for plan sponsors to self-correct certain plan failures under the Employee Plans Compliance Resolution System (“EPCRS”).  Section 305 of SECURE 2.0 generally permits the self-correction of certain “eligible…

    SW Benefits Blog

    Ready for Roth Catch-Up Contributions?

    By Amberlee (Conley) Lapointe
    June 23, 2023
    • Currently, employers can (but are not required to) permit retirement plan participants who are age 50 or older to make catch-up contributions that exceed the otherwise applicable Section 402(g) limit (which is $22,500 for 2023).  The 2023 catch-up contribution limit

    …

    SW Benefits Blog

    Five Facts About the Annual Gag Clause Prohibition Compliance Attestation

    By Allison B. Bans
    June 9, 2023
  • Effective December 27, 2020, the Consolidated Appropriations Act, 2021 (“CAA”), as part of its transparency in health care protections, prohibits group health plans and issuers from entering into agreements that directly or indirectly restrict them from: (1) providing cost or
  • …

    SW Benefits Blog

    NYSE and Nasdaq File Amended Proposed Clawback-Related Listing Standards

    By Greg Gautam
    June 9, 2023

    As described in Part 4 of our 2022 end of year plan sponsor “to do” list, on October 26, 2022, the Securities and Exchange Commission published the final clawback rules under the Dodd-Frank Wall Street Reform and Consumer Protection Act…

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