EBIA Weekly Newsletter

EBIA Compliance Resources—We’ve Got You Covered!

   April 7, 2016

Whether you are following the latest developments or need a resource for all of the ongoing compliance questions that come across your desk, EBIA has what you need. Here are highlights of recent additions to our ERISA Compliance, Cafeteria Plans, and Fringe Benefits publications:

ERISA Compliance. We have updated the Form 5500 discussion for the 2015 Form and the repeal of a provision that would have lengthened the maximum extension period. Our claims procedures coverage has been updated for final regulations on group health plan appeals and external review, and for proposed regulations that would affect disability claims procedures. And we analyze the recent U.S. Supreme Court opinion on plan reimbursement rights, as well as appellate court rulings on church plan status and the applicability of state prompt-pay laws to self-insured plans. You may also be interested in our April 28 webinar “Form 5500 for Health and Welfare Plans: Preparation and Filing.”

Cafeteria Plans. We discuss the latest IRS guidance on health FSA carryovers and the election changes that are permitted when a benefit’s terms or operations change as a result of the Obergefell decision. We also address IRS guidance regarding the impact of flex credits and opt-out payments on the affordability analysis under health care reform’s employer shared responsibility provisions. In addition, we explain when coverage provided by a spouse’s employer can be reimbursed on a tax-free basis, and how pre-tax funding of disability coverage can affect full-time employee determinations under employer shared responsibility. You may also be interested in our May 12 webinar “Cafeteria Plan Nondiscrimination Rules: Design and Testing Fundamentals.”

Fringe Benefits. Our comprehensive discussion of qualified transportation benefits has been revised to cover recent legislation retroactively and permanently increasing the combined limit for transit pass and vanpooling expenses. We also discuss the IRS’s expansion of the exclusion for identity protection services as well as a private letter ruling allowing employees to exclude from income unused vacation benefits that employees could choose to contribute to the employer’s 401(k) plan or retiree HRA. Other changes reflect newly announced value thresholds under the cents-per-mile and fleet- average valuation rules, and the 2016 mileage rate for moving expenses. You may also be interested in our recorded webinar “Group Health Plans Quarterly Update(recorded on March 23, 2016).