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|Guangdong Passed Local Regulation on Collective Contracts|
Andy S. Yeo; Johnson Stokes & Master Mayer Brown JSM;
October 17, 2014, previously published on October 15, 2014The Guangdong Regulation on Collective Contracts (the “New Regulation”) was passed by the Standing Committee of the People’s Congress of Guangdong Province on 25 September 2014, and it will take effect on 1 January 2015.
|IRS Same-Sex Marriage Guidance May Require Adoption of Plan Amendments|
Rebecca C. Davenport, Maureen J. Gorman, Debra B. Hoffman, Cecilia A. Roth; Mayer Brown LLP;
October 17, 2014, previously published on October 14, 2014Tax-qualified US retirement plans may need to be amended by December 31, 2014 in order to comply with requirements imposed by the Internal Revenue Service (IRS) regarding the treatment of individuals in same-sex marriages following the US Supreme Court’s decision in United States v. Windsor.
|No Data from Self-Insured Plans|
Mary L. Porter; Gordon Feinblatt LLC;
October 17, 2014, previously published on Fall 2014The U.S. Court of Appeals for the Second Circuit recently held in Liberty Mutual v. Donegan that the federal Employee Retirement Income Security Act (ERISA) prohibits states from requiring self-insured health plans and their third party administrators to provide participant eligibility and claims...
|The Impact of the Contracts (Rights of Third Parties) Bill on Employers and Employees|
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
October 16, 2014, previously published on October 13, 2014Do you ever enter into agreements with any union? Do you ever outsource the provision of benefits to employees through a service provider? Do you provide benefits to dependants or associates of your employees? If so then you may need to change some of your agreements
|When Did You Last Amend Your Section 125 Cafeteria or Flexible Benefit Plan? Now May Be A Good Time to Dust It Off and Update It|
Nancy K. Campbell; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 23, 2014Section 125 Plans, which are commonly referred to as either cafeteria plans or flexible benefit plans, are much loved, and needed, if you want to allow employees to pay health insurance and other premiums on a pre-tax basis. Unfortunately, they are often ignored and not updated as routinely as they...
|HIPAA Requires Many Health Plans to Obtain a Health Plan Identifier by November 5, 2014|
Marvin S. ("Bucky") Swift, Nick J. Welle; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on October 1, 2014On September 5, 2012, the Department of Health and Human Services (HHS) issued final regulations adopting a standard for a national unique “health plan identifier” (HPID) and providing rules for implementing the HPID. Health plans are currently identified by several different number...
|Reinsurance Program Requires Self-Insured Health Plans to File Enrollment Data by November 15 and Pay Fee Later|
Nick J. Welle; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on Octobeir 10, 2014The Health Care Reform Act established a transitional reinsurance program in an attempt to stabilize premium prices for health insurance plans in the individual market. Because the Health Care Reform Act prohibits insurers from denying coverage based on pre-existing medical conditions, there were...
|ERISA’s “Overlapping Fields of Fire” Preempt Wisconsin’s Family and Medical Leave Act|
Theodore T. Eidukas; Foley & Lardner LLP;
October 10, 2014, previously published on October 6, 2014Wisconsin’s Family and Medical Leave Act (“WFMLA”), requires that employers allow employees six weeks of unpaid leave following “[t]he birth of an employee’s natural child,” and that employers allow an employee to substitute “paid or unpaid leave of any...
|US Supreme Court Grants Certiorari in Tibble v. Edison Int’l|
Brian D. Netter, Nancy G. Ross; Mayer Brown LLP;
October 9, 2014, previously published on October 3, 2014The Employee Retirement Income Security Act (ERISA) permits plan participants to challenge the prudence of actions by plan fiduciaries as long as they do so within six years. On October 2, 2014, the Supreme Court granted certiorari in Tibble v. Edison Int’l, No. 13-550, to decide whether plan...
|IRS Reminds Employers Value of “Free” Parking May Be Taxable Fringe Benefit|
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
October 9, 2014, previously published on October 2, 2014A recent Information Letter issued by the Internal Revenue Service (IRS) on the taxation of employer-provided parking, although noncontroversial, serves as a useful reminder that “free” parking for employees may result in taxes for both the employee and the employer. IRS Information...