EBIA Weekly Newsletter

IRS Newsletters Feature Revised User Fee Forms and Draft Form 5300

   September 22, 2016

IRS Newsletters: Employee Plans News, Issues 2016-7 (July 13, 2016) and 2016-9 (Aug. 26, 2016) Available at https://www.irs.gov/retirement-plans/employee-plans-news These issues of Employee Plans News highlight changes to three forms commonly used by sponsors and advisors of retirement plans (including 401(k) plans)—Forms 8717, 8717-A, and 5300. Here are highlights: Revised Forms 8717Read More

EEOC Clarifies Wellness Program Incentive Limits for Employers With Multiple Group Health Coverage Options

   September 15, 2016

EEOC Informal Discussion Letter on ADA and GINA: Calculating Incentive Limits for Employer Wellness Programs (July 1, 2016) Available at https://www.eeoc.gov/eeoc/foia/letters/2016/ada_gina_wellness_programs_6_1.html The EEOC’s legal staff has written an informal discussion letter clarifying how the EEOC’s final regulations on wellness program incentives apply to a group health plan with multiple coverage options. The final … Read More

State Law Barring Enforcement of Discretionary Clauses Is Not Preempted When Applied to Self-Insured Plan

   September 15, 2016

Thomas v. Aetna Life Ins. Co., 2016 WL 4368110 (E.D. Cal. 2016) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-caed-2_15-cv-01112/pdf/USCOURTS-caed-2_15-cv-01112-1.pdf A participant in a self-insured short-term disability plan sued after the plan denied her claim for benefits. The plan’s claims administrator argued that the denial should be reviewed using the deferential “abuse of discretion” standard because of the … Read More