EBIA Weekly Newsletter

DOL Advises Cooperative on ERISA’s Bona Fide Association Requirement


   June 8, 2017

DOL Advisory Opinion 2017-02AC (May 16, 2017) Available at https://www.dol.gov/agencies/ebsa/employers-and-advisers/guidance/advisory-opinions/2017-02ac The DOL has issued an advisory opinion concluding that a dairy cooperative’s proposed arrangement for providing group health benefits to unrelated employers would be an employee welfare benefit plan and a multiple employer welfare arrangement (MEWA) under ERISA. The long-standing cooperative—whose … Read More


Supreme Court Rules That Benefit Plans Established by Church Affiliates Are Exempt From ERISA


   June 8, 2017

Advocate Health Care Network v. Stapleton, 2017 WL 2407476 (U.S. 2017) Available at https://www.supremecourt.gov/opinions/16pdf/16-74_5i36.pdf The U.S. Supreme Court has concluded that employee benefit plans established by church-affiliated organizations are church plans for purposes of ERISA’s church plan exemption. As background, a 1980 amendment brought plans “maintained” by church-affiliated organizations into ERISA’s … Read More


Can Our Company’s DCAP Reimburse Overnight Camp Expenses?


   June 8, 2017

QUESTION: Several of our company’s employees send their children to overnight camps during the summer. Can our company’s DCAP reimburse overnight camp expenses? ANSWER: The short answer is no—your company’s DCAP cannot reimburse expenses for care at a camp where an employee’s child stays overnight. Expenses must be “employment-related expenses” in order to be reimbursed … Read More


CMS Announces Intention to Eliminate FF-SHOP’s Enrollment Function for 2018


   June 1, 2017

CMS, The Future of the SHOP: CMS Intends to Allow Small Businesses in SHOPs Using HealthCare.gov More Flexibility when Enrolling in Healthcare Coverage (May 15, 2017) Available at https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/The-Future-of-the-SHOP-CMS-Intends-to-Allow-Small-Businesses-in-SHOPs-Using-HealthCaregov-More-Flexibility-when-Enrolling-in-Healthcare-Coverage.pdf CMS has announced its intention to issue proposed regulations that would change the enrollment process for small employers purchasing plans through the … Read More