Q. Can we provide summary plan descriptions (SPDs) electronically? A. Yes. However, just sending them is not enough to meet ERISA requirements; you must ensure the intended recipients are actually getting them. Specifically, ERISA requires SPDs to be furnished using “measures reasonably calculated to ensure actual receipt of the material” via “methods likely to result in full distribution.” Electronic delivery is one way to meet…

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Our February 7, 2018 blog post reported on the late February release of the Form W-4 and guidance on the income withholding rules that changed under the Tax Cuts and Jobs Act. On February 28, 2018, the federal Internal Revenue Service (IRS) released the new 2018 Form W-4 and an updated withholding calculator. Why a Withholding Calculator? The IRS encourages the use of the withholding…

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IRS Releases Publication 15 and W-4 Withholding Guidance for 2018 On January 31, 2018, the federal Internal Revenue Service (IRS) released Publication 15 — Introductory Material, which includes the following: 2018 federal income tax withholding tables. Exempt Form W-4 New information on: Withholding allowance. Withholding on supplemental wages. Backup withholding. Moving expense reimbursement. Social Security and Medicare tax for 2018. Disaster tax relief. Read Publication…

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Department of Labor Publishes Updated Penalties for OSHA Violations On January 2, 2018, the U.S. Department of Labor (DOL) published updated, inflation-adjusted penalties for violations of various laws regulated by the DOL and its internal components or divisions, including the Occupational Health and Safety Administration (OSHA). The DOL is required to adjust the level of civil monetary penalties for inflation by January 15 each year…

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On December 22, 2017, the IRS released Notice 2018-06 to extend the due date for employers to furnish 2017 Form 1095-C or 1095-B under the Affordable Care Act’s employer reporting requirement. Employers will have an extra 30 days to prepare and distribute the 2017 form to individuals. The due dates for filing forms with the IRS are not extended. Background Applicable large employers (ALEs), who…

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Guidance for Group Health Plans Impacted by Hurricane Maria and California Wildfires The U.S. Department of Labor (DOL) issued a news release to recognize that plan participants and beneficiaries may encounter problems due to Hurricane Maria and the California Wildfires. The DOL advises plan fiduciaries to make reasonable accommodations to prevent workers’ loss of benefits and to take steps to minimize the possibility of individuals losing benefits…

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While the rate impact of the regulatory environment plays out, one thing is clear from the 2017 UBA Health Plan Survey: employers continue to shift a greater share of expenses to employees through out-of-pocket cost increases. While this is just one of 7 mega trends uncovered in the survey, it is particularly interesting this year because singles were hit more heavily than families as compared…

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On April 4, 2017, the Department of Labor (DOL) announced that the applicability date for the final fiduciary rule will be extended, and published its final rule extending the applicability date in the Federal Register on April 7. This extension is pursuant to President Trump’s February 3, 2017 presidential memorandum directing the DOL to further examine the rule and the DOL’s proposed rule to extend…

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What played out as a soap opera of sorts involving all three branches of government has resulted in relief for employers. On March 22, 2017, the Senate narrowly adopted House Joint Resolution 83 (H.J.Res.83) under the Congressional Review Act. The joint resolution nullifies a recent Occupational Safety and Health Administration (OSHA) final rule that went into effect on January 18, 2017. The rule, “Clarification of…

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