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Documents on Employee Benefits
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|Will There Be Tax Credit Subsidies for Health Coverage Purchased on the Federal|
Thora A. Johnson, Elizabeth C. Keenan, Ralph S. Tyler; Venable LLP;
July 25, 2014, previously published on July 23, 2014There is no letup in the intensity of the litigation wars surrounding the Affordable Care Act (ACA) or in the significance of the matters at issue. In 2012, the Supreme Court narrowly upheld the ACA in the face of a full-scale attack while invalidating the ACA's Medicaid expansion requirements. A...
|Updated Model Cobra Continuation Coverage Election Notice|
Lamb Barnosky LLP;
July 22, 2014, previously published on July 9, 2014The U.S. Department of Labor recently issued an updated Model COBRA Continuation Coverage Election Notice (a copy is attached to this memo and available at http://www.dol.gov/ebsa/COBRA.html). The Updated Notice must be provided to COBRA qualified beneficiaries within 14 calendar days after the...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 23: The Impact of Employment Contract Terms on Variable Hour Employee Status|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 22, 2014, previously published on July 20, 2014For applicable large employers (i.e., employers who employed at least 50 full-time and full-time equivalent employees on business days during the preceding calendar year) endeavoring to comply with the Affordable Care Act’s employer shared responsibility rules, determining an employee’s...
|Wheaton College Order Changes Landscape of Contraceptive Mandate for Religious Nonprofit Organizations|
Jim Rourke; Nexsen Pruet, LLC;
July 22, 2014, previously published on July 9, 2014Last Thursday, while many of us were preparing for the long weekend ahead, the U.S. Supreme Court was hard at work, issuing an order that may have far-reaching implications for religious nonprofit organizations.
|City of Quincy, Massachusetts Bidding Requirements Pre-empted by Federal Law|
David P. Ray; Bernstein Shur;
July 22, 2014, previously published on July 18, 2014In a case just decided by the First Circuit Court of Appeals in Boston, the Court has concluded that a City of Quincy, Massachusetts ordinance requiring bidders on municipal projects in the city to engage in a specific type of apprentice training program violated the Federal Employment Retirement...
|DC Pensions Flexibility: Government Consultation Response Published|
Jonathan Moody, Anna Rogers, Ian Wright; Mayer Brown International LLP;
July 22, 2014, previously published on July 21, 2014In the 2014 Budget, the Government announced what it called “the most fundamental reform to the way people access their pensions in almost a century”. The most significant change announced was that, from April 2015, members with money purchase or cash balance rights would be able to...
|The Prodigal Pension Plan Member|
Lorraine Allard; McCarthy Tétrault LLP;
July 21, 2014, previously published on July 16, 2014It’s one of those pension administration nightmares - someone of pensionable age shows up at your door claiming he was an employee 20 years ago and asks for his pension. There is some evidence of employment, but no record of a pension entitlement. As a fiduciary you cannot pay out benefits...
|PCORI Fees Due by July 31, 2014|
Eva A. Rasmussen; Clifton Budd & DeMaria, LLP;
July 21, 2014The ACA imposed a new fee, the Patient Centered Outcome Research Institute (PCORI) fee on health insurers for insured plans and plan sponsors for self-insured plans. These fees will help pay for research to evaluate and compare the effectiveness and risks of different medical treatments, services...
|Supreme Court Rejects “Presumption of Prudence” in ESOP Cases|
David M. Glaser, Erik Haas, James V. Masella, III, Bernard F. O'Hare, Peter W. Tomlinson; Patterson Belknap Webb & Tyler LLP;
July 17, 2014, previously published on June 2014On June 25, 2014, the Supreme Court issued a decision in Fifth Third Bancorp v. Dudenhoeffer regarding the availability of relief against fiduciaries of an employee stock ownership plan (“ESOP”) for alleged breaches of the fiduciary duty of prudence in investing in employer stock.
|ACA Waiting Period|
July 17, 2014, previously published on July 8, 2014Many employers require employees to work for a certain length of time before becoming eligible for employer-provided coverage. This is commonly called a "waiting period." The Patient Protection and Affordable Care Act (ACA) prohibits waiting periods that exceed 90 days.