Publications and Resources

Comment Letters

The Council regularly submits comment letters in response to proposed rules and legislation to ensure that the perspective of employer plan sponsors are comprehensively and effectively represented.

For more information on the Council's comment letter program, contact Lynn Dudley, Senior Vice President, Global Retirement & Compensation Policy, or Katy Johnson, senior counsel, health policy, at (202) 289-6700.

Note: Letters are also available on the applicable issue pages.

 

Monday, July 8, 2024
Council Guidance Request for Form 5330 Filing
Joint letter from the Council and SPARK Institute requesting guidance expressly confirming that all employers are currently permitted to file the Form 5330 on paper, rather than filing the Form 5330 electronically.
Friday, July 5, 2024
Supplemental Comments on Reporting and Disclosure Requirements RFI
Supplemental comments related to the notice of plan benefits that an administrator of a terminating plan is required to send to individuals who are plan participants as of the termination date.
Wednesday, June 26, 2024
Council Letter to Senator Cassidy Regarding Retirement Benefits For Independent Workers
On June 26, the Council provided a detailed response to an RFI from Senate HELP Committee Ranking Member Bill Cassidy, including a five-part plan to enhance gig worker retirement security for independent workers:
Thursday, June 20, 2024
Council Letter to Texas Attorney General Paxton Regarding Applicability of HB 1763 and HB 1919
Council letter to Texas Attorney General Paxton regarding the applicability of HB 1763 and HB 1919
Monday, June 17, 2024
Comment letter to DOL on Proposed Information Collection Request Regarding the Retirement Savings Lost and Found Program
Comment letter on proposed information collection request regarding the retirement savings Lost and Found program.
Thursday, June 13, 2024
Texas AG Opinion Request
Council brief in the subject matter being addressed in response to Senator Charles Schwertner's request for an Attorney General Opinion, regarding the applicability of HB 1763 and HB 1919, dated May 13, 2024.
Friday, May 31, 2024
Council Letter to IRS Regarding Priority Guidance Plan and VEBAs
"I write on behalf of the American Benefits Council (\"the Council\"), in connection with the solicitation of recommendations for the U.S. Treasury Department and Internal Revenue Service (IRS) 2024-2025 priority guidance plan (Notice 2024-28), to strongly urge that Treasury and the IRS take action to provide employers with the certainty and the path forward needed to enable them to access substantial welfare benefit fund assets – oftentimes hundreds of millions of dollars or more – to provide health and welfare benefits to employees and their beneficiaries."
Monday, May 13, 2024
Council Comments on Consolidation in Health Care Request for Information
Council Comments on Consolidation in Health Care Request for Information
Friday, April 19, 2024
AHIP's Enforcement Discretion Under the No Surprises Act Letter
AHIP's Enforcement Discretion Under the No Surprises Act Letter
Friday, April 19, 2024
Councill Letter to Tri-Agencies Requesting Surprise Billing Relief
On April 19, the Council asked the U.S. Departments of Health and Human Services, Labor and Treasury (the "tri-agencies") to extend enforcement discretion they previously provided in FAQs, regarding recalculation of the QPA under the NSA.
Wednesday, April 10, 2024
Council Comment Letter Supporting Retirement Investment Parity
Comment letter supporting amendment permitting 403(b) plans to have access to the same lower cost institutional fund available to virtually all other retirement plans, including 401(k) plans, governmental 457 plans, and the federal Thrift Savings Plan
Friday, April 5, 2024
Council Comments on Anti-Abuse Rules Under Section 127 of SECURE 2.0
Council comments on anti-abuse rules under Section 127 of the SECURE 2.0 Act.
Friday, April 5, 2024
Council Comments to IRS Regarding Notice 2024-22 (Guidance on PLESAs and Anti-Abuse Rules Under Section 127 of SECURE 2.0)
The American Benefits Council ("the Council") appreciates the opportunity to comment on Notice 2024-22, which provides initial guidance on Section 127 of the SECURE 2.0 Act of 2022 (SECURE 2.0) regarding the creation of Pension-Linked Emergency Savings Accounts (PLESAs).
Monday, April 1, 2024
Council Comments on Proposed Regulations to Delaware's EARNS Program
Council comments on proposed regulations to Delaware's EARNS Program.
Friday, March 29, 2024
Council Comments on Automatic Portability Transaction Regulations
The Council's comments on the U.S. Department of Labor's proposed regulations that would implement the new statutory prohibited transaction exemption under Section 4975 of the Internal Revenue Code
Friday, March 29, 2024
Council Comments on EBSA Enforcement Oversight – Missing Participants
Council letter to the U.S. House of Representatives on EBSA Enforcement Oversight – Missing Participants.
Thursday, March 14, 2024
Council Response to House Education and the Workforce Request for Information on ERISA
WASHINGTON, DC – In a written response to the U.S. House of Representatives Education and the Workforce Committee on March 14, the American Benefits Council described how ERISA – the landmark Employee Retirement Income Security Act of 1974 – is the bedrock upon which our successful employer-sponsored health and retirement benefits systems are built.
Friday, March 1, 2024
Council Comments to CMS Regarding Draft CY 2025 Part D Redesign Program Instructions
Council Comments to CMS Regarding Draft CY 2025 Part D Redesign Program Instructions
Tuesday, February 20, 2024
Council Letter to Treasury/IRS Regarding PEP/MEP Guidance in Notice 2024-02
Council Letter to Treasury/IRS Regarding PEP/MEP Guidance in Notice 2024-02
Wednesday, February 7, 2024
Council Letter to Treasury/IRS Regarding Notice 2024-02
Council Letter to Treasury/IRS Regarding Notice 2024-02
Tuesday, January 30, 2024
Council Response to Bipartisan, Bicameral Working Group on Paid Leave Request for Information
Council Response to Bipartisan, Bicameral Working Group on Paid Leave Request for Information
Friday, January 26, 2024
Council Comments to IRS Regarding Proposed Long-Term, Part-Time Employee Rules for 401(k) Plans
In a January 26 letter to the Internal Revenue Service (IRS), the American Benefits Council expressed concern that the agency's proposed rules for long-term, part-time (LTPT) employees will limit retirement plan participation opportunities for these employees and could increase costs and administrative burdens for employer plan sponsors.
Friday, January 12, 2024
Council Comments to Banking Agencies on Proposed Regulations Implementing Basel III Endgame
The American Benefits Council submitted written comments to three federal regulatory bodies on January 12, describing the potential negative consequences of the proposed Basel III Endgame package of reforms on retirement plan investments.
Monday, January 8, 2024
Council Comments to CMS Regarding Notice of Benefit and Payment Parameters for 2025 Proposed Rule
American Benefits Council comment letter regarding the notice of benefit and payment parameters for 2025 proposed rule, issued by the U.S. departments of Health and Human Services and Treasury.
Friday, December 29, 2023
Council Comments to DOL/EBSA Regarding Proposed Regulations on the Definition of a Fiduciary ("Retirement Security Rule")
The American Benefits Council offered a detailed critique of the U.S. Department of Labor's proposed "retirement security rule" in written comments to the agency on December 29, arguing that the proposal is "at odds with the direction in which employers are moving and the pressing needs of participants in terms of facilitating employee engagement with their benefit plans."
Thursday, December 7, 2023
Coverage of OTC preventive services RFI comment letter
Comment letter on the Request for Information; Coverage of Over-the-Counter Preventive Services, issued by the U.S. departments of Health and Human Services, Labor and Treasury
Friday, November 17, 2023
Council Letter in support of Helping Young Americans Save for Retirement Act
Council Letter in support of Helping Young Americans Save for Retirement Act
Tuesday, October 24, 2023
Council comments to IRS on Guidance on Section 603 of the SECURE 2.0 Act with Respect to Catch-Up Contributions
The American Benefits Council comment letter regarding Guidance on Section 603 of the SECURE 2.0 Act with Respect to Catch-Up Contributions (Notice 2023-62)
Monday, October 23, 2023
Group letter supporting the Telehealth Expansion Act of 2023
The American Benefits Council joined 168 other physician, insurer and health advocacy groups in signing a letter urging the Senate to support the passage of the Telehealth Expansion Act.
Tuesday, October 17, 2023
Coalition letter to Tri-Agencies on Mental Health Parity Proposed Regulations
On October 17, the a coalition of employer and insurer groups, including the American Benefits Council, filed comments in response to proposed regulations related to the Mental Health Parity and Addiction Equity Act ("MHPAEA"), issued by the U.S. departments of Treasury, Labor and Health and Human Services (the "tri-agencies").
Tuesday, October 17, 2023
Council Comments to Tri-Agencies on Mental Health Parity Proposed Regulations
On October 17, the American Benefits Council filed comments in response to proposed regulations related to the Mental Health Parity and Addiction Equity Act ("MHPAEA"), issued by the U.S. departments of Treasury, Labor and Health and Human Services (the "tri-agencies").
Thursday, October 12, 2023
Council Comments to IRS Regarding Notice 2023-64: Application of 15% Corporate Alternative Minimum Tax
In response to recent guidance issued by the Internal Revenue Service (IRS), the American Benefits Council strongly recommended a clear and consistent approach to the 15% corporate tax and the statutory exception provided to defined benefit plans.
Tuesday, October 10, 2023
Council Comments to DOL/EBSA Regarding SECURE 2.0 Act Reporting and Disclosure Provisions
In response to a recent request for information (RFI) from the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA), the American Benefits Council offered numerous recommendations for proper implementation of the SECURE 2.0 Act's reporting and disclosure provisions.
Monday, October 2, 2023
Council Comments Regarding Maine Retirement Savings Program (MERIT) Proposed Rules
In written comments to the executive director of the Maine Retirement Savings Program (MERIT), the American Benefits Council strongly recommended certain changes to proposed regulations affecting employers subject to the new state law.
Thursday, September 28, 2023
Comment Letter to SEC Regarding Predictive Analytics Proposal
Council comment letter to SEC on predictive data analytics.
Thursday, September 28, 2023
Council letter in support of the Bipartisan HSA Improvement Act (H.R. 5688)
Council's letter for H.R. 5688, the Bipartisan HSA Improvement Act of 2023.
Thursday, September 28, 2023
SEC Group letter on PDA
Group letter including the Council to SEC on PDA.
Monday, September 18, 2023
EmployersRx Letter on House LCMT
EmployersRx Letter on House LCMT
Wednesday, September 13, 2023
Council Comments to CMS Regarding Proposed Rules on Hospital OPPS
Comment letter on the Department of Health and Human Services proposed regulations regarding Medicare Program – Calendar Year 2024 hospital outpatient prospective payment and ambulatory surgical center payment systems and hospital price transparency,
Monday, September 11, 2023
Council Comments to Tri-Agencies Regarding Proposed Regulations on Fixed Indemnity Insurance
The American Benefits Council emphasized the value of fixed indemnity insurance and requested modifications to recently proposed regulations in written comments to the Biden Administration on September 11.
Friday, August 4, 2023
Council Letter to DOL Requesting SECURE 2.0 Guidance
American Benefits Council Aug. 4 letter to DOL requesting additional SECURE 2.0 guidance.
Friday, August 4, 2023
Council Letter to Treasury Requesting SECURE 2.0 Guidance
American Benefits Council Aug. 3 letter to Treasury requesting additional SECURE 2.0 guidance.
Wednesday, July 26, 2023
Letter supporting Auto Re-enrollment Act of 2023
The American Benefits Council voiced support for the Auto Re-enrollment Act in a July 24 letter.
Friday, June 9, 2023
Council Comments to IRS Regarding 2023-2024 Priority Guidance Plan: Recommendations for Treatment of VEBA Assets
Council Comments to IRS Regarding 2023-2024 Priority Guidance Plan: Recommendations for Treatment of VEBA Assets
Friday, June 2, 2023
Council Comments to CMS Regarding Prescription Drug Data Collection Reporting Instructions
Prescription Drug Data Collection Reporting Instructions
Wednesday, May 31, 2023
Council Comments to IRS Regarding Use of Forfeitures in Qualified Retirement Plans
Comment letter on the use of forfeitures in qualified retirement plans.
Friday, May 19, 2023
Group letter on remote notarization
Group letter on remote notarization
Thursday, April 27, 2023
Group Letter to OMB Supporting Revision of 1997 Statistical Policy Directive No. 15
The American Benefits Council was one of 19 physician, insurer and health advocacy groups to send a letter to the White House Office of Management and Budget (OMB) on April 28 supporting a proposed update to the agency's data collection standards.
Wednesday, April 19, 2023
Council Comments to FTC Regarding Proposed Prohibition on Non-Compete Agreements
The Council is concerned that the FTC has, in an effort to combat the negative effects of some non-compete agreements, oversimplified the competing policy goals that are relevant to non-compete agreements. That is, by focusing exclusively on the harms that may result from certain non-compete agreements, the proposal fails to draw any reasonable limitations on the scope of its prohibition. This is concerning because it suggests that there was little or no consideration of exceptions for non-compete agreements that serve valid public policy goals.
Monday, April 17, 2023
Reopened VFCP comment letter
The American Benefits Council ("the Council") appreciates the opportunity to comment as part of the reopened comment period for the U.S. Department of Labor's (DOL) proposed changes to its Voluntary Fiduciary Correction Program (VFCP) and the corresponding Prohibited Transaction Exemption (PTE) 2002-51 that provides excise tax relief for certain errors corrected through VFCP.
Thursday, March 30, 2023
IRS remote notification letter
IRS remote notification letter
Monday, March 27, 2023
DOL response to Council query on QPAM comment period reopening
DOL response to Council query on QPAM comment period reopening
Friday, March 24, 2023
Comments on reopened DOL QPAM Exemption amendment
Comment letter regarding the reopened comment period for the proposed amendment to prohibited transaction exemption 84-14
Tuesday, March 21, 2023
Comment letter RxDC reporting requirements
RxDC reporting requirements comment letter
Tuesday, March 21, 2023
Consumers First Letter to Senate HELP Committee Regarding Health Care Workforce Shortages
Consumers First Letter to Senate HELP Committee Regarding Health Care Workforce Shortages
Monday, March 6, 2023
Comment Letter to HHS/CMS Regarding EGWPs/Advance Notice of Methodological Changes for Calendar Year 2024 for Medicare Advantage Capitation Rates and Part C and Part D Payment Policies
Final letter to HHS/CMS Regarding EGWPs/Advance Notice of Methodological Changes for Calendar Year 2024 for Medicare Advantage Capitation Rates and Part C and Part D Payment Policies
Friday, February 24, 2023
Letter to Connecticut State Comptroller Regarding Proposed Rules for MyCTSavings Program
In written comments to the Connecticut state comptroller on February 23, 2023, the American Benefits Council strongly recommended certain changes to proposed state regulations governing employer registration, enrollment and exemption requirements with respect to Connecticut's MyCTSavings retirement Security program.
Wednesday, February 15, 2023
Council Letter to SEC Regarding Opposition to Proposed Hard Close
The Council is writing to express our strong concerns with the Securities and Exchange Commission's hard close proposal and the impact that it would have on employer-sponsored retirement plans and the millions of Americans investing in mutual funds through such plans.
Tuesday, February 7, 2023
Council Comments to Treasury regarding SECURE 2.0 Guidance
The American Benefits Council is writing to identify what we believe are the most important, time-sensitive issues with respect to which Treasury guidance is needed as soon as possible regarding SECURE 2.0.
Tuesday, February 7, 2023
Council letter to DOL regarding SECURE 2.0 Guidance
The American Benefits Council is writing to identify what we believe are the most important, time-sensitive issues with respect to which DOL guidance is needed as soon as possible regarding SECURE2.0.
Tuesday, February 7, 2023
Council Letter to Treasury regarding 15% Corporate Alternative Minimum Tax
Council comments pursuant to the request for input in Internal Revenue Service Notice 2023-7, which provides interim guidance regarding the application of the new corporate alternative minimum tax until the issuance of proposed regulations.
Wednesday, February 1, 2023
Council Letter to EBSA Regarding Propose Amendments to the Voluntary Fiduciary Correction Program and Prohibited Transaction Exemption
The American Benefits Council ("the Council") appreciates the opportunity to provide comments on the U.S. Department of Labor's (DOL) proposed changes to the Voluntary Fiduciary Correction Program (VFCP) and the corresponding Prohibited Transaction Exemption (PTE) 2002-51 providing excise tax relief for errors corrected through the VFCP.1
Tuesday, January 31, 2023
Council Letter to CMS Regarding RFI on EHBs
On behalf of the American Benefits Council ("the Council") in connection with the request for information (RFI) on Essential Health Benefits (EHBs) issued by the Centers for Medicare & Medicaid Services (CMS), we are writing to urge the tri-agencies to keep the Tri-Agency Guidance in place.
Monday, January 9, 2023
Council Letter to SEC Requesting Comment Period Extension to Hard Close Requirement Proposal
The undersigned organizations, which represent sponsors of retirement and other benefit plans, and the service providers to those plans, request an extension of the comment period for the proposed rulemaking referenced above, which was published on December 16, 2022, with only a 60-day comment period. For the reasons outlined below, we request an extension of 90 days from the current comment deadline of February 14, 2023. Additional time will allow us to provide accurate and meaningful input on this very significant proposal, which will impact millions of Americans saving for retirement in 401(k), 403(b) and other benefit plans.
Friday, January 6, 2023
Council Letter to EBSA Regarding Proposed Amendments to the QPAM Exemption
On behalf of the American Benefits Council ("the Council"), we are writing to supplement our October 11, 2022, letter and November 17, 2022, testimony expressing concerns with the U.S. Department of Labor's (DOL) proposed amendments to Prohibited Transaction Class Exemption 84-14 ("the QPAM Exemption"). Specifically, in response to questions and comments from Department officials during the November 17 hearing, this letter addresses: (1) the situations in which the Council believes automatic QPAM disqualification is appropriate; and (2) the inadequate process under Section I(g)(3)(B) of the proposed QPAM Exemption for issuing Written Ineligibility Notices in response to Prohibited Misconduct.
Tuesday, November 15, 2022
Council Comments to Tri-Agencies Regarding Advanced Explanation of Benefits and Good Faith Estimates for Covered Individuals
Council Comments to Tri-Agencies Regarding Advanced Explanation of Benefits and Good Faith Estimates for Covered Individuals
Monday, October 31, 2022
Council Comments to DOL Regarding Proposed Procedures for Prohibited Transaction Exemption Applications
Council Comments to DOL Regarding Proposed Procedures for Prohibited Transaction Exemption Applications
Tuesday, October 11, 2022
Council Comments to DOL/EBSA Regarding Proposed QPAM Exemption
Council Comments to DOL/EBSA Regarding Proposed QPAM Exemption
Monday, October 3, 2022
Council Comments to HHS Office of Civil Rights Regarding Nondiscrimination in Health Programs and Activities
The American Benefits Council recently provided comments on proposed regulations released by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) addressing the prohibition on discrimination in health programs and activities under Affordable Care Act (ACA) Section 1557.
Tuesday, September 13, 2022
Council Comments on HHS Proposed Regulations Regarding Medicare Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs
Council Comments on HHS Proposed Regulations Regarding Medicare Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs
Wednesday, August 31, 2022
Council Letter to HHS/CMS Regarding Request for Information on Medicare Advantage Program
Council Letter to HHS/CMS Regarding Request for Information on Medicare Advantage Program
Monday, July 18, 2022
Council's Comments to Colorado on their Secure Savings Program's Proposed Rules
Council's Comments to Colorado on their Secure Savings Program's Proposed Rules
Monday, June 20, 2022
Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and Proposed Policy Changes and Fiscal Year 2023 Rates
Council comment letter submitted to HHS and CMS regarding RIN 0938-AU84 on June 17m 2022.
Monday, June 6, 2022
Council Comments to IRS Regarding Affordability of Employer Coverage for Family Members of Employees ("Family Glitch")
Council Comments to IRS Regarding Affordability of Employer Coverage for Family Members of Employee
Friday, June 3, 2022
Council Comments to IRS Regarding 2022-2023 Priority Guidance Plan: Recommendations for Treatment of VEBA Assets
Council Comments to IRS Regarding 2022-2023 Priority Guidance Plan: Recommendations for Treatment of VEBA Assets
Thursday, June 2, 2022
Council Letter to DOL/EBSA Regarding Proposed Changes to Prohibited Transaction Exemption Procedures
In response to a recent proposed rule effectively limiting retirement plan prohibited transaction exemptions (PTEs), the American Benefits Council urged the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) to reverse course and provide more opportunities for retirement plan sponsors to modernize their plans.
Friday, May 27, 2022
Council Comments to IRS Regarding Proposed MEP 'One Bad Apple' Rule
The American Benefits Council has voiced its support for key elements of the Internal Revenue Service's recently proposed regulations governing the "unified plan rule" (or "one bad apple rule") applicable to multiple employer plans (MEPs) (including pooled employer plans (PEPs)). The Council also provided several suggestions for additional improvements to the proposal.
Wednesday, May 25, 2022
Council Comment Letter to IRS Regarding Proposed Required Minimum Distribution Regulations
Council Comment Letter to IRS Regarding Proposed Required Minimum Distribution Regulations
Wednesday, May 25, 2022
Council Comments to FTC Regarding the Business Practices of PBMs and Their Impact on Independent Pharmacies and Consumers
Council Comments to FTC Regarding the Business Practices of PBMs and Their Impact on Independent Pharmacies and Consumers
Wednesday, May 25, 2022
EmployersRx Comments to FTC Regarding the Business Practices of PBMs and Their Impact on Independent Pharmacies and Consumers
EmployersRx Comments to FTC Regarding the Business Practices of PBMs and Their Impact on Independent Pharmacies and Consumers
Monday, May 16, 2022
Council Comment Letter to EBSA Regarding Request for Information on Possible Agency Actions on Climate-Related Financial Risk
Comment letter on response to the Department of Labor's ("DOL") Request for Information ("RFI") with respect to potential agency actions to protect retirement savings from threats of climate-related financial risk. Letter was submitted to EBSA on May 16, 2022.
Thursday, April 21, 2022
Consumers First Letter to DOJ/FTC Regarding Request for Information on Merger Enforcement
Consumers First Letter to DOJ/FTC Regarding Request for Information on Merger Enforcement
Thursday, April 21, 2022
Council Letter to DOJ/FTC Regarding Request for Information on Merger Enforcement
Council Letter to DOJ/FTC Regarding Request for Information on Merger Enforcement
Wednesday, March 23, 2022
Group Letter Urging Extension of Comment Period in DOL/EBSA NPRM on Prohibited Transaction Exemption Applications
Group Letter Urging Extension of Comment Period in DOL/EBSA NPRM on Prohibited Transaction Exemption Applications
Friday, March 4, 2022
Council Letter to Healthy Future Task Force Modernization Subcommittee
In response to a recent request for information on how best to modernize the nation's health care system, the American Benefits Council offered a set of policy recommendations for expanding telehealth services.
Friday, February 4, 2022
Council Comments on Discussion Draft of the PREVENT Pandemics Act
Responding to a request for information from key Senate committee leaders, the American Benefits Council underscored the critical role employers played in the public health response to the COVID-19 pandemic and explained how lessons from this pandemic should guide the nation's preparedness for the next.
Friday, February 4, 2022
Council Comments to IRS on Proposed Regulations Regarding Information Reporting of Health Insurance Coverage
Council Comments to IRS on Proposed Regulations Regarding Information Reporting of Health Insurance Coverage
Monday, January 24, 2022
Council Comments to Tri-Agencies Regarding Regulations for Prescription Drug and Health Care Spending
Council Comments to Tri-Agencies Regarding Regulations for Prescription Drug and Health Care Spending
Tuesday, December 21, 2021
Council Comment Letter on Self-Insured Plan Reporting to State All Payer Claims Databases (APCDs)
Council comment letter on Self-Insured Plan Reporting to State All Payer Claims Databases (APCDs)
Monday, December 13, 2021
Council Comments to DOL/EBSA Regarding Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights ("ESG" Investing)
The American Benefits Council ("the Council") appreciates the opportunity to provide comments on the proposed rule published by the U.S. Department of Labor (DOL) regarding prudence and loyalty in selecting plan investments and exercising shareholder rights ("proposed regulation" or "proposal").1 The proposal would amend DOL's investment duties regulation, which was most recently revised in 2020 by the previous administration through a pair of rulemakings.2 The 2020 revisions had amended the investment duties regulation to incorporate in regulatory guidance for the first time standards related to environmental, social, and governance (ESG) considerations in plan investments and investment courses of action, as well as plan fiduciaries' obligations to vote proxies and exercise other shareholder rights in connection with plan investments.
Monday, December 6, 2021
Council Comments on Regulations Regarding Requirements Related to Surprise Billing; Part II
Council Comments on Regulations Regarding Requirements Related to Surprise Billing; Part II
Monday, November 1, 2021
Council Letter to EBSA Regarding Proposed Revision of the Form 5500 Annual Information Return/Reports
The proposed revisions, if adopted, would implement critical provisions of the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019, including the requirement that DOL and IRS provide a consolidated Form 5500 reporting option for certain groups of plans (referred to in the proposed revisions as "Defined Contribution Groups," or DCGs) and the expansion of multiple employer plans (MEPs) to include a new type of MEP called a "pooled employer plan" (PEP). In addition, the proposed revisions include numerous changes that go beyond what is required by the SECURE Act and that would more broadly affect employee benefit plans.
Monday, October 18, 2021
Council Letter to HHS/CMS Regarding Proposed Regulations on Requirements Related to Air Ambulance Services, Agent and Broker Disclosures, and Provider Enforcement
Council Letter to HHS/CMS Regarding Proposed Regulations on Requirements Related to Air Ambulance Services, Agent and Broker Disclosures, and Provider Enforcement
Wednesday, October 6, 2021
Council Letter to Ways and Means Committee Chairman Richard Neal Addressing Auto IRA Programs
We are writing regarding the importance of addressing gaps in retirement plan coverage and the need to preserve federal rules governing such plans – both to ensure equitable treatment for employees and to retain uniformity in plan administration. We appreciate that the discussion draft of the Automatic Retirement Plan Act ("Auto Plan Draft"), released last year, directly addressed both goals and that the current reconciliation bill subtitle of the Build Back Better Act (BBBA) includes provisions advancing retirement savings coverage. Like you, the American Benefits Council and our more than 220 multistate company members have been committed for many years to expanding retirement plan coverage.
Thursday, September 30, 2021
Council Letter to IRS Requesting Permanent Relief for Use of Remote Notarization and Audio-Video Conference Procedures
Council Letter to IRS Requesting Permanent Relief for Use of Remote Notarization and Audio-Video Conference Procedures
Thursday, September 30, 2021
Group Letter to IRS Requesting Permanent Relief for Use of Remote Notarization and Audio-Video Conference Procedures
Group Letter to IRS Requesting Permanent Relief for Use of Remote Notarization and Audio-Video Conference Procedures
Friday, September 17, 2021
Council Written Comments to HHS/CMS on Proposed Regulations Regarding Medicare OPPS
The American Benefits Council is urging the U.S. Department of Health and Human Services (HHS) to go further in addressing price transparency requirements for hospitals and health care inequities. This was the message of the Council's comment letter responding to proposed rules issued in August as part of the Medicare Outpatient Prospective Payment System (OPPS) rule for 2022.
Tuesday, September 7, 2021
Council Letter to Tri-Agencies Regarding Surprise Billing IFR Part I
The American Benefits Council expressed support for the first round of surprise medical billing regulations in a September 7 comment letter, applauding their issuance as "a significant step in the right direction" toward achieving vital health policy goals. The letter was submitted in response to Part I of interim final regulations (IFR) issued by the U.S. departments of Health and Human Services, Labor, and Treasury (the "tri-agencies"), implementing the surprise billing provisions in the Consolidated Appropriations Act, 2021 (CAA).
Friday, September 3, 2021
Letter to Congress From Nationwide Employers on Paid Leave Legislation
As organizations providing paid leave benefits to millions of American workers across the country, we recognize the importance of helping employees care for a new child or tend to their own -- or a family member's -- serious health issue. Our companies are at the forefront of innovative programs to help employees balance personal and work responsibilities. As the U.S. Congress considers legislation to create a federal paid family and medical leave benefit, it is vitally important to protect and promote employer-provided paid leave programs. Doing so is critical to assure millions of workers that they can keep the benefits they value and to enable the federal government to mitigate the cost and complexity of a new national program.
Friday, July 23, 2021
Council Letter to HHS, DOL, Treasury Regarding Prescription Drug Costs and Reporting
Pharmaceutical drug therapies have played a significant role in treating and curing injury, illness and disease. They allow millions of Americans to overcome debilitating conditions, return to work and live longer, healthier, more productive lives. Moreover, money spent wisely on drugs can reduce hospital, physician and other medical expenditures. Although the benefits of pharmaceutical drug therapies are substantial, these benefits often come with significant financial costs to both participants and payers in the health care system, including employer-sponsored plans. Total retail prescription drug spending in the United States reached $333 billion in 2017, after accounting for rebates, with employer-sponsored health plans paying for 42% – $140 billion – of the total prescription drug spend.
Monday, June 28, 2021
Council Letter to CMS Regarding Transparency Provisions in the 2022 Hospital IPPS Proposed Rule
The American Benefits Council provided comments in connection with the Fiscal Year 2022 Medicare Hospital Inpatient Prospective Payment System and Long Term Care Hospital Rates Proposed Rule ("2022 IPPS Proposed Rule"), issued by the Centers for Medicare and Medicaid Services (CMS), reiterating support for, and emphasizing the vital importance of, price and quality transparency in health care.
Monday, June 21, 2021
Council Letter to APCD on Self-Insured Plan Reporting
I write on behalf of the American Benefits Council (the "Council") to provide recommendations for the State APCD Advisory Committee (the "Committee"), as it works to complete its objectives set out under Section 115 of the Consolidated Appropriations Act, 2021 (CAA). We understand that the Committee would like to hear the perspective of self-insured employers on reporting to state APCDs and we greatly appreciate the invitation to participate in the Committee's June 17 virtual meeting to discuss this topic.
Tuesday, June 1, 2021
Employer Group Letter to EEOC Regarding COVID-19 Vaccine Incentives
The undersigned organizations represent employers nationwide, large and small, all of whom are concerned with the threat the COVID-19 pandemic continues to pose to workers, the public at large, and the economy. We are hopeful that COVID-19 vaccines will provide a pathway to safely restart the economy, and we want to help facilitate and expedite the vaccination process. To that end, we write asking the Equal Employment Opportunity Commission (EEOC) to quickly issue guidance clarifying the extent to which employers may offer employees incentives to vaccinate without running afoul of the Americans With Disabilities Act and other laws enforced by the EEOC.
Friday, May 28, 2021
Council Letter to IRS Regarding Repurposing of Welfare Benefit Fund Assets
The American Benefits Council is urging the Internal Revenue Service to issue guidance confirming that companies may repurpose surplus assets from overfunded welfare benefit funds (such as voluntary employees' beneficiary associations (VEBAs)) for other employees and other welfare benefits without being subject to a 100% excise tax.
Monday, May 24, 2021
Council Comment Letter on the Retirement Savings Lost and Found Act
Thank you for your work to address the pressing issue of missing and unresponsive participants in retirement plans. We welcome the introduction of your legislation, the Retirement Savings Lost and Found Act of 2021, and appreciate the opportunity to have communicated regularly with your staff as you developed this bill.
Friday, May 21, 2021
Council Comment Letter on the Retirement Security and Savings Act (S. 1770)
We support the reintroduction of the Retirement Security and Savings Act. Your longstanding commitment to bipartisan retirement policy has set a pattern which has endured and produced much helpful legislation that built on a tremendously successful system making it stronger and broadening its availability to and use by more Americans. Your successful leadership and efforts to pass the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 are but one example of this commitment.
Friday, May 21, 2021
Council Letter Supporting the Telehealth Expansion Act (S. 1704)
The American Benefits Council strongly supports your bill, the Telehealth Expansion Act (S. 1704), to provide employers and health plans permanent flexibility to offer telehealth services pre-deductible. The American Benefits Council ("the Council") is a Washington, D.C.-based employee benefits public policy organization. The Council advocates for employers dedicated to the achievement of best-in-class solutions that protect and encourage the health and financial well-being of their workers, retirees and families. Council members include over 220 of the world's largest corporations and collectively either directly sponsor or administer health and retirement benefits for virtually all Americans covered by employer-sponsored plans.
Thursday, May 20, 2021
Council Comment Letter on the Improving Access to Retirement Savings Act
We are writing on behalf of the American Benefits Council to thank you for your leadership with respect to retirement policy and commend you on the introduction of the Improving Access to Retirement Savings Act. This bill reflects your continued commitment to good bipartisan retirement policy. It builds on a tremendously successful system and will broaden that system's availability to and use by more Americans. It offers great value to the American worker.
Thursday, May 6, 2021
Council Letter to HHS Office of Civil Rights Urging Changes to the HIPAA Privacy Rule to Support and Remove Barriers to the Coordinated Care and Individual Engagement
The Council strongly supports the ability for health plans and health care providers to share data and coordinate care in order to offer innovative benefits and address real-time health needs of enrollees. We also support enrollees being able to access their own data and to direct their information. We applaud the Office of Civil Rights' (OCR's) timely response to requests for increased transparency and care coordination. We understand that these Proposed Rules largely are directed at health care providers. However, these regulatory changes directly impact health plans that are HIPAA covered entities as well. For the most part, health plans are fully involved in care coordination activities and support the exchange of information for care coordination and transparency purposes. Nevertheless, as outlined below, we are writing to raise three issues for OCR to consider that are important for the administration of health plans and the vital health benefits that they provide throughout the country.
Wednesday, April 28, 2021
Group Letter to Treasury/IRS Urging Changes to Forms W-4P/R
We are writing on behalf of the undersigned organizations to comment on the early release drafts of IRS Forms W-4P and W-4R for the 2022 tax year. These forms are to be used by individuals in connection with income tax withholding from periodic payments and nonperiodic distributions from their retirement plans, IRAs, and commercial annuities. We urge you to make the following changes to the forms:
Tuesday, March 30, 2021
Council Letter to EBSA Requesting Transition Relief for Single Employer Defined Benefit Pension Plan Funding
We are writing regarding transition relief needed to implement the historic changes made by the American Rescue Plan Act of 2021 (the "Act") with respect to the single-employer pension plan funding rules. As discussed in the attached letter to the U.S. Treasury Department and the Internal Revenue Service (IRS), there is a substantial amount of guidance needed from those agencies before plan sponsors can make decisions regarding when and how the new rules affect them. And due to the complexity of the choices available, it will take some significant time for many employers to make decisions, which is why we have requested that Treasury and the IRS allow companies until at least the end of the 2021 plan year to make decisions about how to implement the new rules.
Tuesday, March 30, 2021
Council Letter to PBGC Requesting Transition Relief for Single Employer Defined Benefit Pension Plan Funding
We are writing regarding transition relief needed to implement the historic changes made by the American Rescue Act Plan Act of 2021 (the "Act") with respect to the single-employer pension plan funding rules. As discussed in the attached letter to the U.S. Treasury Department and the Internal Revenue Service (IRS), there is a substantial amount of guidance needed from those agencies before plan sponsors can make decisions regarding when and how the new rules affect them. And due to the complexity of the choices available, it will take some significant time for many employers to make decisions, which is why we have requested that Treasury and the IRS allow companies until at least the end of the 2021 plan year to make decisions about how to implement the new rules. In this context, we ask that the Pension Benefit Guaranty Corporation (PBGC) issue guidance as soon as possible as follows.
Tuesday, March 9, 2021
Council Letter to IRS Urging Truly Mandatory and Automatic Deadline Relief
The American Benefits Council is advising the Internal Revenue Service (IRS) to revise proposed regulations that misinterpret the new mandatory 60-day postponement of certain tax deadlines in the case of a federally-declared disaster.
Monday, March 1, 2021
Council Letter to IRS Requesting Permanent EPCRS Safe Harbor Correction
On behalf of the American Benefits Council ("the Council"), we are submitting this letter in response to the Internal Revenue Service (IRS) Revenue Procedure 2019-19, which invites public comments and indicates that the U.S. Treasury Department and the IRS expect to continue to update the Employee Plans Compliance Resolution System (EPCRS) with improvements based on comments received. The Council thanks Treasury and the IRS for the opportunity to submit comments. EPCRS is a very successful voluntary compliance program, developed and expanded many times with input from plan sponsors. The Council and its members share the goal of the IRS and Treasury to maintain a program that encourages correction of operational and other errors, which all plans experience from time to time. One critical feature of EPCRS is that it seeks to avoid penalties that discourage a plan sponsor from correcting an error properly. If EPCRS is too burdensome to use, plan sponsors will simply not correct the error.
Thursday, February 11, 2021
Council Letter to Employee Benefits Security Administration Regarding PEP Guidance
We would like to thank the Department for meeting with us last January to discuss guidance priorities with respect to ensuring that pooled employer plans (PEPs) could be established for this year when they are effective. We greatly appreciate the hard work done in 2020 that made 2021 implementation possible. We wanted to highlight certain key issues that we discussed and that remain important agenda items for 2021.
Monday, February 1, 2021
Council Comments Regarding IRS Notice 2020-76, Transition Relief Related to Health Coverage Reporting
The American Benefits Council is requesting extended and/or permanent transition relief from the some of the Affordable Care Act's (ACA) information reporting requirements for health insurers and employers, pursuant to guidance issued in late 2020.
Monday, January 25, 2021
Council Letter to Education and Labor Committee Chairman Bobby Scott Addressing Single-Employer Pension Funding Stabilization
We are writing regarding the importance of addressing single-employer pension funding stabilization and to express support for the Emergency Pension Plan Relief Act of 2021 (H.R. 423). For many companies that maintain defined benefit pension plans the current crisis has created the perfect storm. The combination of the continuation of low interest rates, coupled with sharply reduced company revenue that many have experienced, threatens the economic health and even viability of some defined benefit plan sponsors, including those in the supply chain of many other companies. Your leadership on this issue continues to be critically important.
Monday, January 25, 2021
Council Letter to Ways and Means Committee Chairman Richard Neal Addressing Single-Employer Pension Funding Stabilization
We are writing regarding the importance of addressing single-employer pension funding stabilization and to express support for the Emergency Pension Plan Relief Act of 2021 (H.R. 409). For many companies that maintain defined benefit pension plans the current crisis has created the perfect storm. The combination of the continuation of low interest rates, coupled with sharply reduced company revenue that many have experienced, threatens the economic health and even viability of some defined benefit plan sponsors, including those in the supply chain of many other companies. Your leadership on this issue continues to be critically important.
Friday, January 22, 2021
Council Letter to Ways and Means Committee Chairman Richard Neal Urging Retirement Plan Uniformity
We are writing regarding the importance of addressing gaps in retirement plan coverage and the need to preserve federal rules governing such plans – both to ensure equitable treatment for employees and to retain uniformity in plan administration. We very much appreciate that your discussion draft of the Automatic Retirement Plan Act (ARPA), released last year, directly addresses both goals. Like you, we have been committed for many years to expanding retirement plan coverage and we also look forward to working with you on these objectives, which are so important to American workers.
Wednesday, January 6, 2021
Council Letter to PBGC Regarding Missing Participants Guidance
Council Letter to PBGC Regarding Missing Participants Guidance
Tuesday, January 5, 2021
Council Letter to HHS/DOL/Treasury Regarding COVID-19 Vaccine Coverage
In written comments to key regulatory agencies, the American Benefits Council shared employer concerns and recommendations for policies related to COVID-19 vaccine coverage, now that distribution of the vaccine has begun in earnest.
Tuesday, December 1, 2020
Letter to Congress: Enact Comprehensive Surprise Billing Reform
As the U.S. Congress is working to fund the government beyond the December 11 deadline, the Council is pushing for "surprise billing" protections to be included in the new budget. The Council has long advocated against the practice of "surprise billing" which happens after a patient receives services at out-of-network facilities in emergencies and/or is treated with out-of-network services at an in-network facility
Tuesday, November 24, 2020
Letter to Congress: Facilitate Access to Worksite Health and Wellness Centers
The Council joined with the nation's largest providers of worksite employee health centers and the employers who sponsor them in writing a letter to the U.S. Congress advocating for increased access to worksite health and wellness centers in the wake of the COVID-19 pandemic.
Monday, November 16, 2020
Council Letter to DOL/EBSA Regarding Interim Final Rule on Lifetime Income Illustrations
Council Letter to DOL/EBSA Regarding Interim Final Rule on Lifetime Income Illustrations
Monday, October 5, 2020
Council Comments to DOL/EBSA Regarding Fiduciary Duties, Proxy Voting and Shareholder Rights
Council Comments to DOL/EBSA Regarding Fiduciary Duties, Proxy Voting and Shareholder Rights
Monday, October 5, 2020
Council Comments to HHS Regarding Proposed Regulations on Medicare 2021 Hospital Outpatient Prospective Payment Systems
On October 5, the Council submitted a comment to the Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) on the proposed annual Medicare regulation regarding the hospital outpatient prospective payment system and quality reporting programs, among other topics. Although the rule is specific to Medicare and covers a number of topics outside the purview of employer plan sponsors, it addresses two issues of interest to the Council and to plan sponsors, that is, quality reporting and site-neutral payment reform. This was also an opportunity for the Council to weigh in on a topic related to our efforts to address the social determinants of health.
Wednesday, September 30, 2020
Council Comments to DOL/EBSA Regarding Proposed Registration Requirements for Pooled Plan Providers
The American Benefits Council suggested a number of modifications to the U.S. Department of Labor's (DOL) proposed regulations establishing registration requirements for pooled plan providers (PPPs) that operate pooled employer plans (PEPs).
Wednesday, September 16, 2020
Council Letter to HHS Regarding Good Guidance Practices
Council Letter to HHS Regarding Good Guidance Practices
Friday, September 11, 2020
Comment letter to DOL Women's Bureau Regarding Paid Leave
Comment letter to DOL Women's Bureau Regarding Paid Leave
Monday, August 10, 2020
Council Comments to IRS on Proposed Regulations Regarding Certain Medical Care (Direct Primary Care) Arrangements
On August 10 the American Benefits Council submitted written comments on proposed regulations by the U.S. Treasury Department and the Internal Revenue Service (IRS) regarding direct primary care (DPC) arrangements. The Council's comments express support for DPC arrangements, identifies barriers to DPC arrangements and requests clarification on the interaction of DPC arrangements and account-based plans.
Monday, August 10, 2020
Council Comments to IRS on Proposed Regulations Tax on Excess Tax-Exempt Organization Executive Compensation
Council Comments to IRS on Proposed Regulations Tax on Excess Tax-Exempt Organization Executive Compensation
Friday, July 31, 2020
Council Letter to PBGC Regarding Guidance on Funding Delay
In communications with the Pension Benefits Guaranty Corporation (PBGC), the American Benefits Council is recommending an important modification to recent question-and-answer guidance addressing plan sponsor obligations under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Thursday, July 30, 2020
Council Letter to DOL/EBSA Regarding Proposed Regulations on ESG Factors in Selecting Plan Investments
On behalf of the American Benefits Council ("the Council"), we are submitting this comment with respect to the above-referenced proposed regulation issued by the U.S. Department of Labor (DOL). This proposal would make changes to the DOL's 1979 regulation which explains how a fiduciary will satisfy his or her obligations under ERISA Section 404(a)(1)(B) with regard to an investment or an investment course of action. The proposal would also place new requirements on the use of environmental, social and corporate governance ("ESG") factors in investment decisions and on the use of ESG funds in participant-directed defined contribution plans.
Friday, July 24, 2020
Council Comments to DOL/EBSA on Proposed Updates to 2020 MHPAEA Self-Compliance Tool
On July 24, the Council submitted comments to the Department of Labor ("DOL") on recent proposed updates to DOL's mental health parity self-compliance tool, which is intended to help group health plans and insurers and other stakeholders determine whether a plan or coverage is in compliance with the federal mental health parity requirements.
Wednesday, July 22, 2020
Council Letter to IRS Regarding Excess Assets from Overfunded Welfare Benefit Funds
In a July 22 letter to the Internal Revenue Service (IRS), the American Benefits Council urged the agency to allow companies to repurpose excess assets from overfunded welfare benefit funds (such as voluntary employees' beneficiary associations (VEBAs)) without being subject to a 100% excise tax.
Monday, July 20, 2020
Council Letter to DOL/EBSA Regarding Prohibited Transactions Involving Pooled Employer Plans under SECURE Act
On June 20, the American Benefits Council submitted comments with respect to a Request for Information (RFI) issued by the Department of Labor (DOL) regarding prohibited transactions involving (1) the pooled employer plans ("PEPs") and (2) other multiple employer plans ("MEPs"). Our comment relates to PEPs, other MEPs, and single-employer plans.
Thursday, March 12, 2020
Council Letter to Oklahoma Department of Securities regarding Proposed Fiduciary Regulations
Council Letter to Oklahoma Department of Securities regarding Proposed Fiduciary Regulations
Friday, February 28, 2020
Council Comments on HHS Proposed 2021 Notice of Benefit and Payment Parameters
Council Comments on HHS Proposed 2021 Notice of Benefit and Payment Parameters
Tuesday, February 25, 2020
Council Comments to California Attorney General Regarding Modifications to Proposed Rules on California Consumer Privacy Act
The Council supports the Attorney General's modification to the proposed rules that specifically defines "employment-related information" as a separate category of personal information. The proposed definition includes employment-related information collected for the purpose of administering employment benefits and further defines "employment benefits."
Tuesday, February 18, 2020
Council Comments to IRS Regarding Proposed Regulations Under Internal Revenue Code Section 162(m)
Council Comments to IRS Regarding Proposed Regulations Under Internal Revenue Code Section 162(m)
Thursday, February 6, 2020
Council Letter Outlining Recommendations for Pooled Employer Plans under SECURE Act to to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) on February 6, 2020
Council Letter Outlining Recommendations for Pooled Employer Plans under SECURE Act to to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) on February 6, 2020
Wednesday, January 29, 2020
Consumers First Comments to Trump Administration Regarding Transparency in Coverage Proposed Regulations
Consumers First Comments to Trump Administration Regarding Transparency in Coverage Proposed Regulations
Wednesday, January 29, 2020
Council Letter to Trump Administration Regarding Transparency in Coverage Proposed Regulations
WASHINGTON, DC – In written comments filed on January 29, the American Benefits Council applauded the Trump Administration for "taking steps intended to increase price transparency in order to reduce health care costs" and offered a number of recommendations to mitigate "the increased burden and liability imposed by certain aspects of the proposed regulations on employer plans."
Monday, January 6, 2020
Council Comments to IRS Regarding Proposed Life Expectancy and Distribution Period Tables
The American Benefits Council writes in support of the proposed update of the life expectancy and distribution period tables ("Life Expectancy Tables") used for purposes of determining required minimum distributions under Internal Revenue Code Section 401(a)(9).
Monday, January 6, 2020
Council Letter to Massachusetts Securities Division Regarding Proposed Fiduciary Conduct Standard
On January 6, the Council submitted a new set of comments on the revised rules, again urging state regulators to exclude ERISA-covered plans, participants and beneficiaries from the scope of any forthcoming state-level fiduciary duty rules. "Not only is this approach consistent with sound public policy, but it is also clear that federal law clearly preempts any state regulation designed to impose fiduciary duties on financial professionals with regard to their interactions with ERISA-covered plans, participants and beneficiaries," the letter said.
Monday, January 6, 2020
Council/Davis & Harman LLP Letter to Colorado Secure Savings Plan Board Regarding Study of Retirement Savings Plan Options for Colorado's Private-Sector Workers
Submitted on January 6, these written comments outlined the appropriate features of a state- or city-run auto-IRA program, the importance of exempting all employers that offer a retirement plan and the potential impact of ongoing litigation in California.
Friday, December 27, 2019
Council Comments to IRS Regarding Proposed Regulations on the Application of the Employer Shared Responsibility Provisions and Certain Nondiscrimination Rules to Health Reimbursement Arrangements and Other Account-Based Group Health Plans Integrated With Individual Health Insurance Coverage or Medicare
Council Comments to IRS Regarding Proposed Regulations on the Application of the Employer Shared Responsibility Provisions and Certain Nondiscrimination Rules to Health Reimbursement Arrangements and Other Account-Based Group Health Plans Integrated With Individual Health Insurance Coverage or Medicare
Tuesday, December 3, 2019
Council Letter to Treasury/DOL/HHS Regarding Drug Manufacturers' Coupons and the Annual Limitation on Cost-Sharing under HHS Notice of Benefit and Payment Parameters for 2021
In a December 3 letter to U.S. regulatory officials, the American Benefits Council again requested that health plans and issuers be permitted to disregard the value of drug manufacturers' coupons when administering the annual limitation on cost-sharing, regardless of the availability of a generic equivalent.
Friday, November 22, 2019
Council Comment Letter to PBGC Regarding Proposed Rule on Lump Sum Payment Assumptions
Council Comment Letter to PBGC Regarding Proposed Rule on Lump Sum Payment Assumptions (November 22, 2019)
Friday, November 22, 2019
Council Letter to DOL Regarding Electronic Disclosure by Employee Pension Benefit Plans Under ERISA (November 22, 2019)
Council Letter to DOL Regarding Electronic Disclosure by Employee Pension Benefit Plans Under ERISA (November 22, 2019)
Tuesday, October 29, 2019
Council Letter to DOL/EBSA Regarding Open MEPs and Other Issues under Section 3(5) of ERISA
In October 29 written comments to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA), the American Benefits Council offered strong support for final regulations that would expand access to multiple employer plans (MEPs) and encouraged the agency to use its authority to further expand the use of MEPs by reducing some of the regulatory constraints that still remain.
Tuesday, October 1, 2019
Council Request to Testify at Treasury/IRS Hearing on Multiple Employer Plans
On behalf of the American Benefits Council ("the Council"), I am writing to: (1) request a hearing on the proposed multiple employer plan (MEP) modifications published by the Department of the Treasury and Internal Revenue Service (IRS) on July 3, 2019, and (2) request the opportunity for a Council representative to testify at the hearing.
Monday, September 30, 2019
Council Comments to IRS Regarding Proposed Regulations on Multiple Employer Plans
On behalf of the American Benefits Council, I am writing in support of the proposed multiple employer plan (MEP) modifications published by the Department of the Treasury and Internal Revenue Service on July 3, 2019. Additionally, I am writing to recommend ways that Treasury and IRS can improve the proposed relief by expanding its scope, simplifying its conditions, and providing additional guidance.
Friday, September 27, 2019
Consumers First Comments on HHS/CMS Proposed Regulations Regarding Medicare Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs
Consumers First Comments on HHS/CMS Proposed Regulations Regarding Medicare Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs
Friday, September 27, 2019
Consumers First Comments on HHS/CMS Proposed Regulations Regarding Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies
Consumers First Comments on HHS/CMS Proposed Regulations Regarding Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies
Friday, September 27, 2019
Council Comments on HHS/CMS Proposed Regulations Regarding Medicare Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs
The Council appreciates the opportunity to provide comment with respect to the proposed rule, specifically on the price transparency of hospital standard charges, quality measurements relating to price transparency and site-neutral payment reform.
Tuesday, August 13, 2019
Council Letter to HHS/OCR Regarding Proposed Regulations on Nondiscrimination in Health and Health Education Programs or Activities
In written comments to the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) on August 13, the Council recommended that employer group waiver plans (EGWPs) be excepted the Affordable Care Act's (ACA) nondiscrimination provisions. We also expressed strong support for the elimination of "taglines" and notices as is currently required.
Tuesday, July 30, 2019
Council Letter to IRS Regarding Interim Guidance under Section 4960: Distinguishing Volunteers from Employees
In a July 29 letter to the Internal Revenue Service (IRS), the American Benefits Council followed up on a prior meetings and communications with the agency explaining why a 21 percent excise tax on tax-exempt organizations with highly compensated employees should not apply to corporate volunteers.
Tuesday, July 30, 2019
Group Letter in Support of Pension and Budget Integrity Act of 2019 (H.R. 4035)
The Council expresses support for the Pension and Budget Integrity Act (PBIA) of 2019 (H.R. 4035) in a group letter with other employers and benefit organizations. The Pension and Budget Integrity Act of 2019 would ensure Pension Benefit Guaranty Corporation (PBGC) premiums are used only to fund the PBGC's mission, as Congress originally intended.
Friday, July 26, 2019
Council Letter to Massachusetts Securities Division Regarding Fiduciary Proposal
In July 26 comments to the Massachusetts Securities Division, the Council strongly urged state regulators to exclude ERISA-covered plans, participants and beneficiaries from the scope of any forthcoming fiduciary duty rules. "Not only is this approach consistent with sound public policy, but it is also clear that federal law clearly preempts any state regulation designed to impose fiduciary duties on financial professionals with regard to their interactions with ERISA-covered plans, participants and beneficiaries."
Thursday, July 11, 2019
Council Letter to IRS Regarding Mortality Improvement Rates
Council Letter to IRS Regarding Mortality Improvement Rates
Monday, July 8, 2019
Council Letter to DOL/IRS Regarding Form 5500 (Annual Return/Report of Employee Benefit Plan)
On July 8, 2019, the Council submitted written comments in response to the Internal Revenue Service (IRS), the Pension Benefit Guaranty Corporation (PBGC) and the U.S. Department of Labor (DOL)'s request for comments on the Form 5500 series and a new electronic filing option for Form 5500 EZ (replacing Form 5500-SF).
Wednesday, June 12, 2019
Council Comments to DOL/WHD on Proposed Amendments to Definition of "Regular Rate" of Pay under FLSA for Overtime Purposes
Council Comments to DOL/WHD on Proposed Amendments to Definition of "Regular Rate" of Pay under FLSA for Overtime Purposes
Wednesday, June 5, 2019
Council Letter to Senate HELP Committee Regarding Lower Health Care Costs Act Discussion Draft
Council Letter to Senate HELP Committee Regarding Lower Health Care Costs Act Discussion Draft
Monday, June 3, 2019
Council Letter to HHS/ONC Regarding Proposed Regulations on Interoperability, Information Blocking and ONC Health IT Certification Program
We write on behalf of the American Benefits Council ("the Council") to provide comment in connection with the 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification Program Proposed Rule ("Proposed Rule") published in the Federal Register on March 4, 2019, by the Office of the National Coordinator for Health Information Technology (ONC), Department of Health and Human Services (HHS) (84 Fed. Reg. 7424).
Tuesday, May 28, 2019
Council Letter to House Energy & Commerce Committee Regarding No Surprises Act Discussion Draft
Council Letter to House Energy & Commerce Committee Regarding No Surprises Act Discussion Draft
Thursday, May 23, 2019
Council Comments on Massachusetts Paid Family Medical Leave Law
On May 23, the Council submitted comments to the Massachusetts Department of Family and Medical Leave (DFML) on revised draft regulations on the Massachusetts Paid Family and Medical Leave (PFML) law. The department is slated to issue final regulations by July 1, 2019, the same date that covered employers are required to begin making payroll deductions to fund the paid leave program.
Monday, April 8, 2019
Council Letter to HHS Regarding Prescription Drug Rebates and Safe Harbors
We write on behalf of the American Benefits Council ("Council") to provide comment in connection with the Fraud and Abuse; Removal of Safe Harbor Protection for Rebates Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection for Certain Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees Proposed Rule ("Proposed Rule") published in the Federal Register on February 6, 2019, by the Office of Inspector General (OIG), Department of Health and Human Services (HHS) (84 Fed. Reg. 2340).
Friday, April 5, 2019
Council Letter to California Secure Choice Retirement Savings Investment Board Regarding CalSavers Program
Council Letter to California Secure Choice Retirement Savings Investment Board Regarding CalSavers Program
Tuesday, April 2, 2019
Council Comments on Interim Guidance under Section 4960 (Notice 2019-09)
The American Benefits Council ("the Council") appreciates the opportunity to submit comments on Notice 2019-09, which provides interim guidance on the excise tax imposed on excess compensation paid by tax-exempt organizations under new Internal Revenue Code Section 4960. As discussed below, we are writing to ask the Treasury Department and the Internal Revenue Service (IRS) to clarify that an applicable tax-exempt organization (ATEO) will not be subject to the excise tax imposed by Section 4960 with respect to officers who serve in a solely volunteer capacity with the organization.
Wednesday, March 27, 2019
Council Comment Letter to CMS regarding Grandfathered Group Health Plans RFI
Council Comment Letter to CMS regarding Grandfathered Group Health Plans RFI
Friday, March 1, 2019
Council Comment Letter on Hawaii Retirement Savings Program
Council Comment Letter on Hawaii Retirement Savings Program
Friday, March 1, 2019
Council Comment Letter on Nevada Draft Fiduciary Regulations
Council Comment Letter on Nevada Draft Fiduciary Regulations
Tuesday, February 19, 2019
Council Letter to CMS on Rescinding the Adoption of the Health Plan Identifier (HPID)
Council Letter to CMS on Rescinding the Adoption of the Health Plan Identifier (HPID)
Tuesday, February 19, 2019
Council Letter to CMS on the HHS Notice of Benefit and Payment Parameters for 2020
Council Letter to CMS on the HHS Notice of Benefit and Payment Parameters for 2020
Friday, January 11, 2019
Council Letter to IRS on Hardship Distributions of Elective Contributions, QMACs, QNECs, and Earnings, RIN–1545–BO82
Council Letter to IRS on Hardship Distributions of Elective Contributions, QMACs, QNECs, and Earnings, RIN–1545–BO82
Friday, December 28, 2018
Council Letter to DOL, HHS and Treasury Regarding HRA Guidance
Council Letter to DOL, HHS and Treasury Regarding HRA Guidance
Wednesday, December 26, 2018
Council Letter to IRS on Student Loan Repayments
Council Letter to IRS on Student Loan Repayments
Friday, December 21, 2018
Council Letter on CMS guidance on State Relief and Empowerment Waivers
Council Letter on CMS guidance on State Relief and Empowerment Waivers
Thursday, December 20, 2018
Council Letter on Auto-Portability regarding Retirement Clearinghouse
Council Letter on Auto-Portability regarding Retirement Clearinghouse
Thursday, December 20, 2018
Council Letter on Definition of Employer - Association Retirement Plans and Other Multiple Employer Plans
Council Letter on Definition of Employer - Association Retirement Plans and Other Multiple Employer Plans
Friday, December 14, 2018
Council Letter to New Jersey Bureau of Securities Regarding Fiduciary Duty Notice of Pre-Proposal
Council Letter to New Jersey Bureau of Securities Regarding Fiduciary Duty Notice of Pre-Proposal
Monday, November 19, 2018
Council Comments on IRS Notice 2018-71: Employer Credit for Paid Family and Medical Leave
Council Comments on IRS Notice 2018-71: Employer Credit for Paid Family and Medical Leave
Tuesday, October 23, 2018
Council Letter to Treasury/IRS Regarding IRS Notice 2015-49: Use of Lump Sum Payments to Replace Lifetime Income Being Received By Retirees Under Defined Benefit Pension Plans
Council Letter to Treasury/IRS Regarding IRS Notice 2015-49: Use of Lump Sum Payments to Replace Lifetime Income Being Received By Retirees Under Defined Benefit Pension Plans
Monday, September 24, 2018
Council Letter to SEC Regarding Concept Release on Compensatory Offerings and Sales
Council Letter to SEC Regarding Concept Release on Compensatory Offerings and Sales
Monday, July 16, 2018
Council Comments to HHS Regarding Blueprint to Lower Drug Prices and Reduce Out-of-Pocket Costs
The Council appreciates the opportunity to provide comment with respect to the RFI, which touches on an area of critical importance for employees and their families across America.
Friday, June 22, 2018
Council Comment Letter to DOL on Proposed FAQs about Mental Health and Substance Use Disorder Parity Implementation and the 21st Century Cures Act
This Council letter provides comment in connection with the FAQs about Mental Health and Substance Use Disorder Parity Implementation and the 21st Century Cures Act published on April 23, 2018, by the Departments of Labor, Health and Human Services, and the Treasury.
Friday, June 22, 2018
Council Comment Letter to OMB regarding MHPAEA Draft Model Disclosure Request Form
This Council letter provides comment in connection with the Mental Health Parity and Addiction Equity Act ("MHPAEA") Draft Model Disclosure Request Form, published on April 23, 2018, by the Departments of Labor, Health and Human Services, and the Treasury.
Thursday, May 31, 2018
Council Letter to CMS Regarding Direct Health Provider Contracting
As innovative payment models continue to show promise for lowering costs and improving the quality of health care, the Council is working with policymakers to model federal programs after the successful initiatives being pursued by large employers.
Monday, May 14, 2018
Council Letter to Louisiana Department of Insurance Regarding State Innovation Waiver Application
The Council provided comments with respect to Louisiana's application to the Centers for Medicare and Medicaid Services ("CMS") and to the U.S. Department of the Treasury (Departments), for a waiver of certain provisions of the Affordable Care Act (ACA) as authorized by Section 1332 of that Act. Louisiana's 1332 waiver application seeks approval to waive Section 1312(c)(1) of the ACA for the purpose of establishing a state-based and state-administered reinsurance program.
Monday, April 23, 2018
Council Letter of Support for Retirement Savings Lost and Found Act (S. 2474)
As we reported in the March 5 Benefits Byte, the measure would create a national registry for small and abandoned defined contribution retirement accounts and amend ERISA's permitted investments for rollover amounts.
Monday, April 23, 2018
Joint Letter Regarding Civil Monetary Penalties for Mental Health Parity
Joint Letter Regarding Civil Monetary Penalties for Mental Health Parity
Monday, April 16, 2018
Senate Letter to Agencies on Enforcement of Mental Health Parity Requirements
Senate letter to HHS, DOL and Treasury requesting a range of information related to agency actions related to enforcement of mental health parity requirements.
Tuesday, March 6, 2018
Council Letter to DOL/EBSA Regarding Proposed Regulations Defining 'Employer' under Section 3(5) of ERISA (Association Health Plans)
Council letter on definition of "employer" for the purposes of AHPs (3/6/2018)
Friday, February 23, 2018
Council Letter to EBSA Assistant Secretary Rutledge on ERISA Preemption
Council Letter to EBSA Assistant Secretary Rutledge on ERISA Preemption
Thursday, February 22, 2018
Council Letter on Employer Paid Leave Tax Credit added by Tax Cuts and Jobs Act of 2017 (H.R. 1)
Council Letter on Employer Paid Leave Tax Credit Added by Tax Cuts and Jobs Act of 2017 (H.R. 1)
Thursday, February 15, 2018
Council Letter to CMS on Limited Wraparound Coverage Pilot Program
Council Letter to CMS on Limited Wraparound Coverage Pilot Program
Monday, January 22, 2018
Council Letter to House Leadership on Open Multiple Employer Plays (open MEPs)
Council Letter to House Leadership on Open Multiple Employer Plays (open MEPs)
Monday, January 22, 2018
Council Letter to Senate Leadership on Open Multiple Employer Plays (open MEPs)
Council Letter to Senate Leadership on Open Multiple Employer Plays (open MEPs)
Monday, January 22, 2018
Council Recommendations to EBSA for Standardized and Automatic Disaster Relief (January 22, 2018)
Council Recommendations to EBSA for Standardized and Automatic Disaster Relief (January 22, 2018)
Monday, January 22, 2018
Council Recommendations to IRS for Standardized and Automatic Disaster Relief (January 22, 2018)
Council Recommendations to IRS for Standardized and Automatic Disaster Relief (January 22, 2018)
Monday, January 22, 2018
Council Recommendations to PBGC for Standardized and Automatic Disaster Relief (January 22, 2018)
Council Recommendations to PBGC for Standardized and Automatic Disaster Relief (January 22, 2018)
Wednesday, January 3, 2018
Council Comment Letter to IRS on ACA Information Reporting
The Council submitted comments on information reporting by applicable large employers on health insurance coverage offered under employer-sponsored plans, as described in the Notice published in Vol. 82, No. 210 of the Federal Register on November 1, 2017 ("Notice").
Monday, December 11, 2017
Council Letter to EBSA Regarding Claims Procedure for Plans Providing Disability Benefits
On December 11, 2017, the American Benefits Council submitted comments regarding the notice of proposed rulemaking published in the Federal Register on October 12, 2017, by the Department of Labor (the "Department") entitled "Claims Procedure for Plans Providing Disability Benefits; Extension of Applicability Date" ("Proposed Regulation"). 82 Fed. Reg. 47, 409 (October 12, 2017).
Friday, November 3, 2017
Council letter of support for the Workflex in the 21st Century Act (H.R. 4219)
Council letter of support for the Workflex in the 21st Century Act (H.R. 4219)
Friday, October 27, 2017
Group Letter to DOL/EBSA Regarding Proposed Regulations Delaying Claims Procedure for Plans Providing Disability Benefits
In an October 27 letter to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA), the Council and 15 other employer and insurer organizations offered support for the formal delay of ERISA final claims regulations for disability benefit plans, but suggested that the applicability date be delayed beyond the 90 days proposed in the October 10 proposed regulations.
Monday, October 2, 2017
Council letter to EBSA on Unresponsive and Missing Participant Guidance for Ongoing Retirement Plans
The Council submitted a letter on 10/2/2017 to request that the Department of Labor engage in a rulemaking process to issue comprehensive guidance on plan fiduciary responsibilities with respect to unresponsive and missing participants and cease taking ad hoc enforcement positions until the Department provides actual guidance.
Wednesday, September 13, 2017
Council Comments to EBSA Regarding Mental Health Parity Act Disclosure Issues
In September 13 written comments to the U.S. Department of Labor Employee Benefit Security Administration (EBSA), the Council offered recommendations on recently issued frequently asked questions (FAQ) Part 38, which addressed disclosure obligations and solicited comments on a draft model form for requesting disclosure of information as required under MHPAEA.
Friday, September 1, 2017
Joint letter to Office of Information and Regulatory Affairs (OIRA) on Mortality Tables
Joint letter to Office of Information and Regulatory Affairs (OIRA) on Mortality Tables
Friday, August 25, 2017
Council Letter to PBGC on its regulatory program (August 25, 2017)
Council Letter to PBGC on its regulatory program (August 25, 2017)
Friday, August 18, 2017
Council-CIEBA Comments to AICPA on the Exposure Draft of the Proposed Statement on Auditing Standards
The Council, along with Committee on Investment of Employee Benefit Assets (CIEBA), offered comments to the theAmerican Institute of Certified Public Accountants (AICPA) on its Exposure Draft on the Proposed Statement on Auditing Standards (the Exposure Draft).
Monday, August 7, 2017
Council Letter to DOL/EBSA Regarding Request for Information on Fiduciary Rule, Prohibited Transaction Exemptions
In an August 7 letter to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA), the Council continued to push for revisions to the final "fiduciary" rule to provide more certainty and clarity.
Monday, July 31, 2017
Council Letter to Treasury Regarding Review of Burdensome Regulations
Responding to a formal request for information (RFI), on August 1 the Council provided to the U.S. Treasury Department a comprehensive set of recommendations for eliminating, modifying or streamlining regulations to reduce burdens on employee benefit plan sponsors.
Thursday, July 27, 2017
Council Statement on Mental Health Parity at HHS Listening Session
Council Statement on Mental Health Parity at HHS Listening Session
Wednesday, July 26, 2017
Council Letter to DOL on Unwarranted and Harmful ERISA Breach of Fiduciary Duty Litigation and Enforced Pleading Standards
Council Letter to DOL on Unwarranted and Harmful ERISA Breach of Fiduciary Duty Litigation
Friday, July 21, 2017
Letter to Employee Benefits Security Administration in response to RFI Regarding the Fiduciary Rule and Prohibited Transaction Exemptions
Letter to Employee Benefits Security Administration in response to RFI Regarding the Fiduciary Rule and Prohibited Transaction Exemptions
Wednesday, July 12, 2017
Council Comments to HHS Regarding RFI on Reducing Regulatory Burdens Imposed by Affordable Care Act & Improving Healthcare Choices to Empower Patients
The Council appreciates the opportunity to provide comment to HHS with respect to ongoing efforts to reduce regulatory burdens and improve health insurance options under the Affordable Care Act and to provide for a health care system that adheres to the principles of affordability, quality, innovation and empowerment.
Tuesday, May 2, 2017
House GOP Letter to DOL Secretary Alexander Acosta on Delaying the Fiduciary Applicability Date
House GOP Letter to DOL Secretary Alexander Acosta on Delaying the Fiduciary Applicability Date
Monday, April 24, 2017
Council Letter to PBGC Urging Review of Early Warning Program
As part of its ongoing defense of the defined benefit pension plan system, the Council sent a letter to the Pension Benefit Guaranty Corporation (PBGC) on April 24, urging a thorough review of the agency's Early Warning Program.
Monday, April 17, 2017
Council Letter to DOL/EBSA Regarding Issues Raised in Presidential Memorandum and in Preamble to Proposed Delay of Fiduciary Rule
In written comments to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) on April 17, the Council outlined a number of unresolved concerns with the agency's final regulations expanding ERISA fiduciary responsibility, highlighting plan sponsor concerns and encouraging the DOL to consider these issues in its review of the rule.
Thursday, April 6, 2017
Council Letter of Support for "Frozen" Pension Legislation to Representatives Pat Tiberi (R-OH) and Richard E. Neal (D-MA)
Council voices support for legislation to protect participants in, and sponsors of, so-called “frozen” defined benefit pension plans from the inadvertent adverse impact of nondiscrimination rules on those plans’ tax qualified status.
Thursday, April 6, 2017
Council Letter of Support for "Frozen" Pension Legislation to Senators Ben Cardin (D-MD) and Rob Portman (R-OH)
Council voices support for legislation to protect participants in, and sponsors of, so-called “frozen” defined benefit pension plans from the inadvertent adverse impact of nondiscrimination rules on those plans’ tax qualified status.
Thursday, April 6, 2017
Joint letter of support to lawmakers who sponsored "frozen" pension legislation (S. 852 & H.R. 1862) (2017)
Join letter of support for Senators Ben Cardin (D-MD) and Rob Portman (R-OH) and Representatives Pat Tiberi (R-OH) and Richard E. Neal (D-MA)
Wednesday, March 29, 2017
Council Letter to IRS Regarding Substance of Proposed Regulations to Update Mortality Tables
In a March 29 letter to the U.S. Treasury Department and Internal Revenue Service (IRS), the Council expressed serious concerns about the substance of proposed regulations updating the mortality tables to be used for defined benefit pension plans for 2018.
Wednesday, March 29, 2017
Council/ERIC Joint Letter to IRS Regarding Process Concerns with Proposed Regulations to Update Mortality Tables
In a March 29 letter to the U.S. Treasury Department and Internal Revenue Service (IRS), the Council and the ERISA Industry Committee expressed serious concerns about the process surrounding the proposed regulations updating the mortality tables to be used for defined benefit pension plans for 2018.
Thursday, March 23, 2017
Council letter to SEC on Pay Ratio Disclosure Rule
Council letter to SEC on Pay Ratio Disclosure Rule
Monday, March 20, 2017
Group Letter to OMB Regarding EEOC Proposed Revisions to EEO-1
The Council was also one of 27 employer organizations to sign on to a similar group letter to OMB, urging the agency to review and reject the EEOC's revisions to the annual Employer Information Report (EEO–1) disclosure requirement.
Thursday, March 16, 2017
Letter to DOL EBSA on Fiduciary Rule Delay
Letter to DOL EBSA on Fiduciary Rule Delay
Friday, March 3, 2017
Joint letter regarding Medicare Advantage to HHS Secretary Price and Members of Congress
Joint letter regarding Medicare Advantage to HHS Secretary Price and Members of Congress
Thursday, February 23, 2017
Council Letter to IRS Regarding Minimum Present Value Requirements for Defined Benefit Plan Distributions under Tax Code Section 417(e)
The Council urged the U.S. Treasury Department and Internal Revenue Service (IRS) to reconsider certain aspects of its recent proposed regulations governing distributions from defined benefit pension plans, noting that the updated rules “could inadvertently impose some major and costly new obligations.”
Wednesday, February 22, 2017
Letter to Council State Treasury on Revisions to the Proposed Rules for the Oregon Retirement Savings Plan
Letter to Council State Treasury on Revisions to the Proposed Rules for the Oregon Retirement Savings Plan
Tuesday, February 21, 2017
Joint letter to the European Supervisory Authorities regarding new variation margin requirements under EMIR
Joint letter to the European Supervisory Authorities regarding new variation margin requirements under EMIR
Tuesday, February 21, 2017
Letter to IRS on ongoing rulemaking with respect to hybrid retirement plans
The Council offered constructive recommendations to the U.S. Treasury Department and Internal Revenue Service (IRS) in a February 21 letter (cosigned by the Coalition to Preserve the Defined Benefit System) addressing ongoing rulemaking with respect to hybrid retirement plans.
Tuesday, February 14, 2017
Council Letter to House of Representatives Regarding State-Run Retirement Programs
Letter raising concerns about state-run retirement programs for private sector employees
Monday, February 13, 2017
Joint Letter on the Tax Treatment of Health Benefits to NEC
Joint Letter on the Tax Treatment of Health Benefits to NEC
Monday, February 13, 2017
Letter to President Trump on tax treatment of health care
Letter to President Trump on tax treatment of health care
Tuesday, February 7, 2017
Letter to White House on Employer Reporting under the ACA
Letter to White House on Employer Reporting under the ACA
Thursday, February 2, 2017
Joint Letter to Senator Mike Enzi on Pension and Budget Integrity Act of 2017
Joint Letter to Senator Mike Enzi on PBIA 2017
Thursday, February 2, 2017
Letter of support to Rep. Vern Buchanan for introduction of the Retirement Security for American Workers Act (2017) (H.R. 854)
H.R. 854 would greatly expand opportunities for small employers to band together in a common “multiple employer plan” (MEP) and thereby achieve many of the economies of scale available to large employers.
Friday, December 23, 2016
Letter to Oregon State Treasury on Proposed Rules for the Oregon Retirement Savings Plan
Letter to Oregon State Treasury on Proposed Rules for the Oregon Retirement Savings Plan
Thursday, October 13, 2016
Council Letter to Treasury Regarding the Impact of Pension Limitation of Benefits Treaty Provisions on Cross-Border Pension Funds
In an October 14 letter to the U.S. Treasury Department, the Council suggested an important technical change to a model tax treaty that would facilitate the provision of equal tax treatment under cross-border pensions.
Thursday, September 29, 2016
Council Letter to DOL/EBSA Regarding Proposed Regulations on State/Local Retirement Plans
The Council appreciates the opportunity to provide comments on the Department of Labor’s proposed rule that would extend the new safe harbor for state-run mandatory IRA programs for private-sector employees to similar programs that are established by certain populous cities and counties meeting the proposal’s definition of a “qualified political subdivision”.
Tuesday, September 6, 2016
Council Letter to IRS Regarding Notice of Proposed Rulemaking on ACA Premium Tax Credit
On September 6, the Council provided written comments on proposed regulations related to premium tax credit and individual shared responsibility provisions of the Affordable Care Act (ACA).
Wednesday, August 31, 2016
Group Letter Requesting Extension of Time for Comments on Proposed Revision of Annual Information Return/Reports (Form 5500)
The Investment Company Institute, the American Benefits Council, the SPARK Institute Inc., and the Plan Sponsor Council of America write in response to the revisions to the Form 5500 proposed by the Department of Labor, the Internal Revenue Service, and the Pension Benefit Guaranty Corporation and the Department’s proposed rule on annual reporting and disclosure and request a 90-day extension of the deadline for public comments on the proposed revisions.
Tuesday, August 9, 2016
Council Letter to Obama Administration Regarding Expatriate Plans, Essential Health Benefits
In written comments to the Obama Administration, submitted on August 9, the Council recommended a number of vital clarifications to the recently proposed regulations implementing changes in the treatment of expatriate health plans.
Friday, April 29, 2016
Council Letter to IRS Regarding Proposed Regulations Rules for Applying Nondiscrimination Rules to Frozen Pension Plans
The Council filed written comments with the Internal Revenue Service (IRS) on April 28 outlining needed improvements to the agency's proposed rules governing the application of certain nondiscrimination rules on closed (soft frozen) defined benefit pension plans.
Wednesday, April 27, 2016
Council Letter to IRS Regarding Notice 2016-16: Mid-Year Changes to Safe Harbor Plans and Safe Harbor Notices
The American Benefits Council (Council) provided written comments on April 27 to the IRS in connection with Notice 2016-16, which provided guidance on mid-year changes to safe harbor 401(k) plans and how they must be treated under the Internal Revenue Code nondiscrimination rules.
Tuesday, April 12, 2016
Council Letter to DOL/WHD Regarding Paid Sick Leave for Federal Contractors
The Council submitted comments in response to the proposed rule issued by the Department of Labor on February 25, 2016, to implement Executive Order 13706, requiring federal contractors and subcontractors to provide their employees with up to seven days of leave annually.
Friday, April 1, 2016
Council Letter to EEOC Regarding Proposed Changes to EEO-1
In April 1 written comments, The Council urged the Equal Employment Opportunity Commission (EEOC) to withdraw and reconsider its proposed changes to the Employer Information Report (EEO–1), used to collect demographic information about employees.
Thursday, March 10, 2016
Council Letter to DOL Requesting Extension on Paid Leave NPRM
In a March 10 letter to the U.S. Department of Labor (DOL), the Council asked the agency to extend the comment period for a proposed rule that will require federal contractors and their subcontractors provide employees with a certain amount of paid leave.
Thursday, January 28, 2016
Council Letter to EEOC Regarding Proposed GINA Title II Regulations
In a January 28 letter to the U.S. Equal Employment Opportunity Commission (EEOC) regarding its proposed regulations governing employer wellness programs under Title II of the Genetic Information Nondiscrimination Act (GINA), the Council once again emphasized the importance of consistent federal policy that promotes the health of Americans and is aligned across multiple agencies and Congress.
Tuesday, January 19, 2016
Council Letter to DOL/EBSA Regarding Proposed Regulations on Disability Benefit Plan Claims Procedures
The Council raised concerns about a proposal to apply Affordable Care Act (ACA) claims procedures for group health plans to disability benefit plans in written comments to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) on January 19.
Tuesday, January 19, 2016
Council Letter to DOL/EBSA Regarding Proposed Regulations on State-Run Retirement Plans
In written comments to the U.S. Department of Labor (DOL) Employee Benefit Security Administration (EBSA) on January 19, the Council expressed serious concerns about a proposed safe harbor to accommodate state-run retirement plans for non-governmental employees without workplace coverage.
Friday, January 15, 2016
Group Letter to CMS Opposing Rate Cuts to Medicare Advantage Plans
In written comments to the U.S. Department of Health and Human Services (HHS) Centers for Medicare and Medicaid Services (CMS), the Council and 11 other employer groups expressed concern with further cuts to the Medicare Advantage (MA) program.
Friday, January 8, 2016
Council Letter to IRS Regarding State-Run Retirement Plans and ERISA Prohibited Transactions
On behalf of the American Benefits Council (the “Council”), I am writing to seek clarification on whether the prohibited transaction excise tax regime described in Internal Revenue Code Section 4975 could apply to states that sponsor payroll deduction IRA arrangements for private sector employees, even where such arrangements are exempt from ERISA.
Tuesday, November 17, 2015
Council Letter to IRS/OMB on Changes to Form 5500 Series
This letter is submitted on behalf of the American Benefits Council (the Council) regarding the proposed changes to the Form 5500 series for the 2015 plan year, including proposed changes to the Form 5500-SUP described in the Notice and Request for Comment published in the Federal Register on December 23, 2014, and the changes reflected in the draft Form 5500-EZ.
Monday, November 16, 2015
Council Letter to IRS Regarding Notice 2015-68 – Section 6055 (Information Reporting on Minimum Essential Coverage)
In November 16 written comments to the Internal Revenue Service (IRS), the Council offered recommendations for additional guidance to address the numerous unanswered questions associated with employer reporting under the Affordable Care Act (ACA).
Monday, November 9, 2015
Council Letter to HHS/OCR Regarding ACA Section 1557, Nondiscrimination in Health Programs and Activities
The Council filed written comments with the U.S. Department of Health and Human Services on November 9, 2015, expressing concerns with recently proposed rules implementing the nondiscrimination provisions under Section 1557 of the Affordable Care Act (ACA).
Monday, November 2, 2015
Council Letter to IRS Regarding Supplemental Notice of Proposed Rulemaking on Minimum Value of Eligible Employer-Sponsored Health Plans
In a comment letter to the Internal Revenue Service (IRS) on November 2, the Council warned that recently proposed regulations go “well beyond the bounds” of the Affordable Care Act (ACA) and do not accord with congressional intent by mandating a specific benefit be covered under employer-sponsored group health plans.
Thursday, September 24, 2015
Council Letter to DOL/EBSA Regarding Proposed Regulations Defining the Term "Fiduciary" - Supplemental Comments
The Council provided supplemental comments to the U.S. Department of Labor (DOL) Employee Benefit Security Administration (EBSA) on September 23, describing how the agency’s proposed regulations amending the definition of a “fiduciary” would negatively affect casual conversations among employees, the deployment of call centers and investment education.
Tuesday, July 28, 2015
Council Letter to CMS on Request for Information Regarding HPID Requirements
In July 28 written comments to the Centers for Medicare and Medicaid Services (CMS) of the U.S. Department of Health and Human Services (HHS), the Council urged the agency to eliminate the Health Plan Identifier (HPID) requirement in HIPAA administrative transactions. CMS requested input on the HPID rule, after having delayed enforcement of the requirement in October 2014.
Tuesday, July 21, 2015
Council Letter to DOL/EBSA Proposed Regulations on Definition of the Term 'Fiduciary'
The Council submitted comments on July 21 to the U.S. Department of Labor (DOL) on the proposed regulations redefining the term “fiduciary.” In the comments, the Council identified a number of issues of concern to plan sponsors and participants that are raised by the proposal, as well as potential issues that could arise. Our comment letter also provided several recommendations to ensure certainty and reduce liability for employers.
Friday, July 10, 2015
Appendix to Council Letter to EBSA Requesting Clarification of Fiduciary Definition As it Applies to Health and Welfare Plans
Appendix to Council Letter to EBSA Requesting Clarification of Fiduciary Definition As it Applies to Health and Welfare Plans
Friday, June 19, 2015
Council Letter to EEOC on Proposed Regulations Regarding Wellness Programs and the Americans with Disabilities Act
In June 19 written comments, the Council urged the U.S. Equal Employment Opportunity Commission (EEOC) to ensure that the regulations regarding employer wellness programs are consistent with HIPAA, the Patient Protection and Affordable Care Act (PPACA) and congressional intent, to provide for consistent federal policy with respect to wellness programs.
Wednesday, June 17, 2015
Council Letter to Treasury, DOL and HHS Regarding Guidance on Maximum Out-of-Pocket Rules under PPACA
The Council expressed serious concerns about recent guidance requiring “embedded” individual out-of-pocket maximums for insured large group and self-funded group health plans for 2016 policy and plan years in June 17 written comments to the U.S. Departments of Labor, Treasury and Health and Human Services.
Tuesday, May 5, 2015
Council Letter to EBSA Requesting Comment Period Extension for Fiduciary Definition Regulations
In a May 5 letter, the Council urged the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) to extend the comment deadline for its proposed regulations defining the term “fiduciary” with respect to employee benefit plan investment advice.
Monday, March 30, 2015
Council/SPARK Institute Letter to NTIS Regarding Proposed Regulations on Certification Program for Access to the Death Master File
In March 30 written comments to the National Technical Information Service (NTIS) of the U.S. Department of Commerce, the Council, along with the SPARK Institute, expressed concerns with the proposed regulations on a proposed certification program to provide access to the Death Master File (DMF). The letter suggested clarifications and changes that would continue to protect confidential DMF information from abuse while ensuring that retirement plan administrators are able to access DMF information for legitimate fraud prevention and business purposes.
Thursday, January 22, 2015
Council Letter to EBSA Regarding Proposed Regulations on Amendments to Excepted Benefits
In January 22 comments to the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL), the Council commended the recent proposed rule allowing employers to supplement individual market coverage with limited “wraparound” coverage.
Wednesday, April 23, 2014
 Council Comments to NTIS Regarding Interim Final Rule on Temporary Certification Program for Access to the Death Master File
 Council Comments to NTIS Regarding Interim Final Rule on Temporary Certification Program for Access to the Death Master File
Tuesday, April 1, 2014
Council Comments to CMS on Proposed Regulations Regarding Certification of Compliance for Health Plans
Council Comments to CMS on Proposed Regulations Regarding Certification of Compliance for Health Plans