EBIA Weekly Newsletter

Can Employees Pay for Domestic Partner Health Coverage on a Pre-Tax Basis Through Our Cafeteria Plan?


   February 9, 2017

QUESTION: We are thinking about offering domestic partner coverage under our company’s group health plan. If we add this benefit, will employees be able to pay the premiums pre-tax through our cafeteria plan? ANSWER: The tax treatment of employer-provided health coverage for an employee’s domestic partner (or civil union partner) depends on whether the domestic … Read More


Short-Term Disability Plan Exempt From ERISA as Payroll Practice


   February 2, 2017

Foster v. Sedgwick Claims Mgmt. Serv., Inc., 2016 WL 6956669 (D.C. Cir. 2016) Available at https://www.cadc.uscourts.gov/internet/opinions.nsf/054B95EA4EABE1308525807A005448AC/$file/15-7150-1648071.pdf An employee whose claims had been denied under her employer’s short-term disability (STD) plan sued for benefits under ERISA. The trial court dismissed the case, ruling that the STD plan was exempt from ERISA as a “payroll … Read More


Court Rejects Effort to Block January 1 Effective Date of EEOC Wellness Regulations


   February 2, 2017

AARP v. EEOC, 2016 WL 7646358 (D.D.C. 2016) Available at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2016cv2113-27 A federal court has denied AARP’s request for a preliminary injunction to block application of the EEOC’s wellness regulations. The regulations, which address the impact of the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) on employer-sponsored wellness … Read More