Council Amicus Brief Supporting Respondents James J. Thole et al. v. U.S. Bank on Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit (November 20, 2019)
The U.S. Department of Health and Human Services (HHS), in conjunction with the U.S. Treasury and Labor departments, issued proposed regulations on transparency in coverage, requiring most group health plans and group and individual market insurers to disclose price and cost-sharing information to participants in advance of the care being provided. The proposed rule requires that group health plans and insurers provide this information through an online tool and in paper form, if requested. The proposed rule also requires group health plans and insurers of group or individual coverage to disclose negotiated rates for in-network providers and allowed amounts for out-of-network providers, on a public website.
The Internal Revenue Service (IRS) and the U.S. Treasury Department issued proposed regulations on November 7 updating the life expectancy and distribution period tables used to calculate required minimum distributions (RMDs) for retirement plans and IRAs. The proposed changes would modestly adjust for longer expected lifespans, allowing retirees to withdraw smaller amounts annually from retirement savings.
The Global Compliance Edition brings you information and analysis from contributors within the American Benefits Council community, designed to help multinational companies stay abreast of the latest local human resources, compensation and benefits requirements.
1. Please have your company sign on to a broad stakeholder letter to the U.S. Senate urging the consideration of "Cadillac Tax" repeal legislation before the end of the year. Action required by November 15.
2. If you have operations in Arizona, Colorado, Iowa, Kentucky, Maine or North Carolina, we urge you to contact key Senate offices for those states and ask them to encourage Senate leadership to include "Cadillac Tax" repeal in any year-end legislative package.
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.
The Department of Labor is proposing in this document a new, additional safe harbor for the use of electronic media by employee benefit plans to furnish information to participants and beneficiaries of plans subject to the Employee Retirement Income Security Act of 1974 (ERISA). The proposal, if adopted, would allow plan administrators who satisfy specified conditions to provide participants and beneficiaries with a notice that certain disclosures will be made available on a website. Individuals who prefer to receive these disclosures on paper will be able to request paper copies and to opt out of electronic delivery entirely. The Department expects that the proposal, if adopted, would improve the effectiveness of the disclosures and significantly reduce the costs and burden associated with furnishing many of the recurring and most costly ERISA disclosures. This document also contains, in section D of the preamble, a Request for Information that explores whether and how any additional changes to ERISA's general disclosure framework, focusing on design, delivery, and content, may be made to further improve the effectiveness of ERISA disclosures.
The U.S. Treasury Department and Internal Revenue Service (IRS) have released the 2019-2020 Priority Guidance Plan, which describes the regulatory projects that the agencies "hope to complete" during the 12-month period from July 2019 through June 2020.
The U.S. Treasury Department and Internal Revenue Service (IRS) have released the 2019-2020 Priority Guidance Plan, which describes the regulatory projects that the agencies "hope to complete" during the 12-month period from July 2019 through June 2020.
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.
The U.S. Department of Treasury and Internal Revenue Service (IRS) issued proposed regulations on September 27 addressing the interaction between the employer "shared responsibility" health insurance mandate (under Internal Revenue Code Section 4980H), nondiscrimination rules (under Code Section 105(h)) and the individual coverage health reimbursement accounts (ICHRAs) permitted under the final regulations issued on June 14, 2019, and IRS Notice 2018-88. The proposed regulations are only relevant to ICHRAs and do not apply to excepted benefit HRAs.
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.
Council Amicus Brief Louisiana Health Service & Indemnity Company, doing business as Blue Cross Blue Shield of Louisiana v. Encompass Office Solutions, Inc., Requesting Certiorari (September 13, 2019)
