The Department of Health and Human Services has stated that it will restore transgender and LGBTQ+ health care protections. Under the Trump Administration, HHS had defined the term “sex” narrowly to mean gender assigned at birth. This had the consequence of excluding transgender and other LGBTQ+ individuals from protection against discrimination in health care. The
IRS Issues FAQs on COBRA Subsidy
On Tuesday, May 18, 2021 the IRS issued Notice 2021-31 providing 86 FAQs related to premium assistance for COBRA benefits under the American Rescue Plan Act, 2021. The full text version of the FAQs is available below. These provide additional guidance on, among other things:
- Whether an individual has had an “involuntary” termination, including employee-initiated
EBSA Guidance on COBRA Subsidy in the American Rescue Plan Act
The American Rescue Plan Act of 2021 includes a 100% federal subsidy of COBRA premiums (including the up-to-2% administrative fees) during the period of April 1, 2021, through September 30, 2021. Earlier this week, the Employee Benefits Security Administration published clarifying FAQs and model notices related to the COBRA subsidy. This update discusses the guidance…
Employer Responsibilities Under the ARPA COBRA Subsidy
The American Rescue Plan Act of 2021 (ARPA) includes a 100% federal subsidy of COBRA premiums (including the up-to-2% administrative fees) during the period of April 1, 2021, through September 30, 2021. The subsidy applies to group health coverage typically subject to COBRA, except for health flexible spending accounts. This update summarizes the ARPA’s COBRA …
IRS Clarifies Extended Cafeteria Plan Relief
In late December, Congress passed the Consolidated Appropriations Act, 2021 that included cafeteria plan relief but left many open questions regarding how the relief provisions should be implemented and administered. The IRS issued Notice 2021-15 on February 18 to provide much needed clarification on the CAA’s cafeteria plan provisions. In this update, we discuss some…
Employee Benefit Provisions in the Consolidated Appropriations Act, 2021
President Trump signed into law the Consolidated Appropriations Act, 2021 (the Omnibus Bill) on December 27, 2020. The following update provides a summary of key employee benefit provisions in the Consolidated Appropriations Act.
The act expands and extends certain COVID-19 relief, including new qualified disaster relief for retirement plan distributions and temporary special rules…
Employee Benefit Plan Developments—2020 Year in Review
Employee benefits professionals have faced many challenges in 2020.
The following update provides highlights of key developments that employers and other plan sponsors should consider as 2021 approaches. Read the full article.
2021 IRS Annual Employee Benefit Plan Limit Updates
The IRS has issued its annual employee benefit plan limitations for 2021.
DOL Finalizes Notice and Access Safe Harbor for Electronic Delivery of Retirement Plan Participant Communications
DOL has finalized a Notice and Access safe harbor for certain required disclosures to participants and beneficiaries of retirement plans. Employers may effectively rely on this safe harbor immediately. The safe harbor allows employers to provide more disclosures to more participants and beneficiaries via electronic means that was previously permissible. In addition to other requirements,…
IRS Notices Provide COVID-19 Relief Covering Section 125 Cafeteria Plans and Flexible Spending Account Benefit Plans
The Internal Revenue Service recently issued a pair of notices to provide relief to participants in and sponsors of Section 125 Cafeteria Plans, health flexible spending account plans, and dependent care assistance programs. IRS Notice 2020-29 provides relief for midyear election changes (including new health plan coverage elections, enrollment changes, and revocations, as well as…