EBIA Weekly Newsletter

IRS Updates Guidance on Premium Tax Credit Eligibility for Employee’s Spouse and Dependent Child

   March 23, 2017

Questions and Answers on the Premium Tax Credit Available at https://www.irs.gov/affordable-care-act/individuals-and-families/questions-and-answers-on-the-premium-tax-credit The IRS has provided additional guidance on eligibility for premium tax credits when coverage is offered to an employee’s spouse and dependent child under an eligible employer-sponsored health plan. As background, premium tax credits may be available to lower-income individuals who purchase … Read More

No Deferential Review Where Discretionary Authority Was Addressed in SPD But Not in Plan; Benefit Denial Overturned

   March 23, 2017

Nieves v. Prudential Ins. Co. of America, 2017 WL 168039 (D. Ariz. 2017) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-azd-2_16-cv-00768/pdf/USCOURTS-azd-2_16-cv-00768-0.pdf An employee who was working despite ongoing pain and other symptoms relating to a spinal condition and surgery was terminated in a reduction in force. The day before his termination, he was told “you’re good” when he … Read More

IRS Responds to Increase in User Fee Overpayments for VCP Submissions

   March 23, 2017

IRS Webpage: Avoid Overpaying User Fees for Your Voluntary Correction Program Submission (Mar. 15, 2017) Available at https://www.irs.gov/retirement-plans/avoid-overpaying-user-fees-for-your-voluntary-correction-program-submission The IRS has noticed an increase in plan sponsors paying user fees that are higher than the amount required for their submissions under the Voluntary Correction Program (VCP). In response, the IRS website has been … Read More