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| Date post: | 08-Apr-2017 |
| Category: |
Recruiting & HR |
| Upload: | benefitexpress |
| View: | 114 times |
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Open Forum: Achieve Compliance Success in
2017Larry Grudzien
Attorney at Law
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• Tax
• ERISA
• COBRA
• HRAs
• HSAs
• ACA
Copyright 2016 – Not to be reproduced without express permission of Benefit Express Services, LLC
Areas of Questions
Tax Issues
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• My employees purchase fixed indemnity benefits with before tax contributions through a cafeteria plan. Are any distributions from these benefits taxable?
• If taxable, does the employer have any withholding responsibilities?
• For completing a health risk assessment under a wellness program, my employer give employees a cash benefit of $50. Is that payment taxable?
• Would the answer be different of the employer give that payment in the form of a flex credit?
Copyright 2017 – Not to be reproduced without express permission of Benefit Express Services, LLC
Tax Issues
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• For waiving health coverage, my employer gives employees a cash payment of $100 per month. Is that payment taxable?
• Would employee who took coverage be taxed?
• A new employee is covered by his old employer’s coverage under COBRA. He wants the new employer to pay for part of that coverage.
• Are such payments to him taxable?
Copyright 2017 – Not to be reproduced without express permission of Benefit Express Services, LLC
Tax Issues
ERISA
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• Do not-for-profit employers have to comply with ERISA?
• Which employers do not have to comply with ERISA?
• Can an employer have different renewal dates for benefits contained a wrap document?
• Why is a plan year so important?
• When is an employee assistance plan and/or a wellness program subject to ERISA?
Copyright 2017 – Not to be reproduced without express permission of Benefit Express Services, LLC
ERISA
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• Can an employer put the name of a plan on a checking account?
• What happens if the employer does that?
• What is the penalty for not filing a Form 5500s?
• What is a MEWA?
• What does it apply to employers?
• When is one created?
Copyright 2017 – Not to be reproduced without express permission of Benefit Express Services, LLC
ERISA
COBRA
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• Can qualified beneficiaries add benefits at open enrollment?
• If coverage ends for retirees, does the employer have to give them the right to elect COBRA?
• If an employee drops coverage at annual enrollment, does an employer have to offer his or her spouse COBRA?
Copyright 2017 – Not to be reproduced without express permission of Benefit Express Services, LLC
COBRA
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• Can a COBRA participant drop coverage at anytime?
• If an employee goes on a leave of absence not covered by FMLA, does the employer have to offer him or her COBRA to continue coverage?
• Would the answer be different if the employer went on Workers’ Compensation?
Copyright 2017 – Not to be reproduced without express permission of Benefit Express Services, LLC
COBRA
HRAs
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• Is an employer allowed to limit the type of benefits it reimburses under its HRA?
• Can an employee participate in a HRA if he or she is covered under another employer’s group health plan?
• Can an employer limit the amount it reimburses to participants on a monthly basis?
• What is the penalty if an employer reimburses individual premiums under an HRA?
Copyright 2017 – Not to be reproduced without express permission of Benefit Express Services, LLC
HRA
HSAs
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• An employee is covered by a HDHP. He also covers his spouse. His spouse has other coverage that is not a HDHP. Can he contribute at the family coverage level?
• An employee covers himself, his wife and their sons age 21, 22 and 24 in a HDHP. He does not claim his sons as tax dependents.
• Are his sons eligible to contribute to their own HSA? If so, how much?
• Can the employee reimburse his son’s medical expenses from his HSA?
Copyright 2017 – Not to be reproduced without express permission of Benefit Express Services, LLC
HSA
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• An employee participates in a HDHP with his wife and children. His wife also participates in a health FSA at work. She can be reimbursed for his medical expenses under the Health FSA, but does not submit any for him for the year.
• Does that affect his eligibility to contribute to an HSA for the year?
• Can a husband and wife have a joint HSA?
• If an individual has single coverage and contributes at the single coverage rate can he or she reimburse expenses for his wife and children?
• Can an employee elect out of a Health FSA before the end of the plan year, if he or she becomes covered under a HDHP?
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HSA
ACA
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• Can a small employer require an employee to work 40 hour per week to be eligible for medical coverage?
• If an employee transfers from full-time to part-time, when can the employer drop coverage?
• Can an employer offer employees an opt out option?
• Who cannot be offered an opt out?
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ACA
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• Does an employer have to provide an annual enrollment each year, even for those employees who waived coverage?
• To which employees does the 90 day waiting period apply?
• When does a 60 day advance notice has to be provided to participants?
• How do wellness incentives affect the affordability requirements?
Copyright 2017 – Not to be reproduced without express permission of Benefit Express Services, LLC
ACA
Questions?
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Larry GrudzienAttorney at Law
(708) [email protected]
Copyright 2017 – Not to be reproduced without express permission of Benefit Express Services, LLC
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