EBIA Weekly Newsletter

EBIA Seminars: Flexibility to Choose the Training You Need


   March 8, 2018

A comprehensive, four-day learning experience? Yes! A half-day brush-up on COBRA? Yes! It’s easy to tailor EBIA seminars to meet your employee benefits training needs. With intermediate-level courses on seven topics—ERISA, the ACA, cafeteria plans, HRAs & HSAs, wellness programs, HIPAA, and COBRA—the choice is yours. All courses are taught by … Read More


IRS Clarifies That Male Sterilization and Male Contraceptives Are Not Preventive Care for HDHP Purposes, Provides Transition Relief


   March 8, 2018

IRS Notice 2018-12 (Mar. 5, 2018) Available at https://www.irs.gov/pub/irs-drop/n-18-12.pdf The IRS has clarified that health plans covering male sterilization or male contraceptives without a deductible, or with a deductible below the statutory minimum deductible for high-deductible health plans (HDHPs), are not HDHPs under current IRS guidance regarding requirements for health savings … Read More


Ninth Circuit: Plan Service Provider Not Subject to Fiduciary Duties When Negotiating Fees or Collecting Predetermined Compensation


   March 8, 2018

Santomenno v. Transamerica Life Ins. Co., 2018 WL 1022460 (9th Cir. 2018) Available at http://cdn.ca9.uscourts.gov/datastore/opinions/2018/02/23/16-56418.pdf The Ninth Circuit has rejected 401(k) plan participants’ claims that the plan’s investment provider breached its ERISA fiduciary duties when it chose its investment menu, negotiated its compensation for services, and collected the agreed-upon fees from … Read More


What Notice Is Required If Our Plan Stops Covering Contraceptives?


   March 8, 2018

QUESTION: Our business intends to stop covering certain contraceptive services under the company’s ERISA-covered health plan as soon as possible. The owners have strongly held religious beliefs against contraception and have been using the accommodation process whereby the insurer has provided contraceptive coverage to participants and beneficiaries outside of the group health plan. The owners … Read More