EBIA Weekly Newsletter

Can Self-Insured Health Plans Still Exclude Same-Sex Spouses? 


   August 2, 2018

QUESTION: Our company is implementing a new self-insured group health plan for employees, spouses, and dependent children, and the plan document excludes same-sex spouses from the definition of spouse. Is this type of exclusion still permitted? ANSWER: According to the Equal Employment Opportunity Commission (EEOC) and an increasing number of courts, the answer is “no.” … Read More


IRS Identifies Six Basic Security Safeguards to Enhance Cybersecurity


   July 26, 2018

IRS News Release IR-2018-150: Tax Security 101 – Security Summit outlines “Security Six” basic safeguards for tax professionals’ computers and email (July 17, 2018) Available at https://www.irs.gov/newsroom/tax-security-101-security-summit-outlines-security-six-basic-safeguards-for-tax-professionals-computers-and-email The IRS has issued a news release identifying six “must-have” areas for securing taxpayer data on computers. These areas, developed by the IRS and its … Read More


IRS Finalizes Amended Regulations Allowing Forfeitures to Be Used for QNECs and QMACs


   July 26, 2018

Definitions of Qualified Matching Contributions and Qualified Nonelective Contributions, 26 CFR Part 1, 83 Fed. Reg. 34469 (July 20, 2018) Available at https://www.gpo.gov/fdsys/pkg/FR-2018-07-20/pdf/2018-15495.pdf The IRS has finalized amendments to its regulations under Code §§ 401(k) and (m) to permit the use of forfeitures to fund qualified nonelective contributions (QNECs) and qualified matching contributions (QMACs). QNECs and QMACs are … Read More


Can the Benefit Booklet Provided by Our Plan’s Insurer Serve as the SPD?


   July 26, 2018

QUESTION: We have a fully insured group health plan. The insurer provides a state-law required certificate of insurance booklet that describes the coverage provided under the plan. Can we use that booklet as the summary plan description (SPD) for this plan? ANSWER: The booklet probably cannot serve as the SPD on its own. ERISA requires that SPDs … Read More