EBIA Weekly Newsletter

Can Our Plan Accept a Plan Loan in a Rollover?


   October 12, 2017

QUESTION: A new employee of our company wants to roll her entire 401(k) account from her former employer’s plan into our plan, including an outstanding plan loan. Is this possible? Our 401(k) plan also has a participant loan program. ANSWER: The answer depends on the terms of both plans: whether the former employer’s plan permits … Read More


Check Out the Fall Line-Up From EBIA Learning: New Webinar Titles and a Two-Day Virtual Conference!


   October 5, 2017

EBIA Learning programs from Checkpoint Learning deliver the knowledge you need—in the comfort of your own office. This month’s webinars address benefits issues at on-boarding and termination, and group health plans for governmental and church employers. And there’s still time to register for our Advanced Virtual Conference in November or purchase our intermediate-level seminar recordings. … Read More


HHS Withdraws Proposed Regulations Requiring Health Plans to Certify HIPAA Compliance


   October 5, 2017

Administrative Simplification: Certification of Compliance for Health Plans; Withdrawal, 45 CFR Parts 160 and 162, 82 Fed. Reg. 46182 (Oct. 4, 2017). Available at https://www.gpo.gov/fdsys/pkg/FR-2017-10-04/pdf/2017-21424.pdf HHS has withdrawn proposed regulations that would have required certain health plans to certify compliance with specified HIPAA standards and operating rules and established penalties for … Read More


EEOC Proposes Schedule for Court-Ordered Review of Wellness Regulations


   October 5, 2017

AARP v. EEOC, 2017 WL 3614430 (D.D.C. 2017) (Docket: Defendant’s Status Report (Sept. 21, 2017); AARP’s Reply (Sept. 28, 2017)) In response to a federal court order, the EEOC has proposed a schedule for the review of its final wellness regulations. In August, the court concluded that the regulations are arbitrary and capricious and sent … Read More


Legislation Provides Retirement Plan Distribution and Loan Relief for Hurricane Victims; Agencies Continue Releasing Disaster-Related Relief


   October 5, 2017

Disaster Tax Relief and Airport and Airway Extension Act of 2017, Pub. L. No. 115-63 (Sept. 29, 2017); VI-2017-02 (Sept. 22, 2017); PR-2017-02 (Sept. 22, 2017); IR-2017-160 (Sept. 26, 2017); FL-2017-06 (Sept. 28, 2017); HHS Memorandum: 2017 Hurricane Disasters–Special Enrollment Periods (SEPs), Termination of Coverage, and Grace Period Flexibilities (Sept. 28, 2017); HHS News Release: … Read More