EBIA Weekly Newsletter

DOL Announces Annual Adjustments to Many Employee Benefit Plan Penalties

   January 19, 2017

Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2017, 29 CFR Parts 2560, 2575, and 2590, 82 Fed. Reg. 5373 (Jan. 18, 2017) Available at https://www.gpo.gov/fdsys/pkg/FR-2017-01-18/pdf/2017-00614.pdf The DOL has issued the first annual adjustment of civil monetary penalties for a wide range of benefit-related violations. As background, Congress enacted … Read More

Proposed Amendments to 401(k) Regulations Would Allow Forfeitures to Be Used for QMACs or QNECs

   January 19, 2017

Definitions of Qualified Matching Contributions and Qualified Nonelective Contributions, 26 CFR Part 1, 82 Fed. Reg. 5477 (Jan. 18, 2017) Available at https://www.gpo.gov/fdsys/pkg/FR-2017-01-18/pdf/2017-00876.pdf The IRS has proposed amendments to regulations under Code §§ 401(k) and 401(m) that would permit plan sponsors to use forfeitures in their 401(k) plans to make qualified matching contributions … Read More

Ninth Circuit En Banc Reverses Tibble, Ruling That Ongoing Duty to Monitor Investments Made Fiduciary Breach Claim Timely

   January 19, 2017

Tibble v. Edison Int’l, 2016 WL 7321373 (9th Cir. 2016) Available at https://cdn.ca9.uscourts.gov/datastore/opinions/2016/12/16/10-56406.pdf This case continues its long and winding journey through the courts. It began in 2007, when a group of 401(k) plan participants sued, asserting that the plan’s fiduciaries breached their duties by selecting certain retail mutual funds rather than lower-cost … Read More

Can Health Plans Exclude Residential Treatment for Substance Use Disorders?

   January 19, 2017

QUESTION: Is our group health plan required to cover substance abuse treatment at a residential treatment facility? ANSWER: Categorical exclusions for services received from residential treatment facilities for substance use disorders were called into question when the mental health parity regulations were finalized (see our Checkpoint article). Among other things, … Read More

EBIA Is Your Trusted Resource for Health Plan Compliance

   January 12, 2017

EBIA has the trusted employee benefits resources that employers and their advisors need to stay current. Our compliance library provides depth and detail in a clear and concise format with examples, charts, practical tips, and sample documents. Here are highlights of recent enhancements to our Self-Insured Health Plans and Health Care Reform publications: Read More