Insights

The Consolidated Appropriations Act (CAA), signed December 27, 2020, will bring significant changes to group health plans in 2022.

The Consolidated Appropriations Act (CAA), signed December 27, 2020, will bring significant changes to group health plans in 2022.

The Consolidated Appropriations Act (CAA), signed December 27, 2020, will bring significant changes to group health plans in 2022, including new limits on surprise medical billing, reporting and disclosures.

In early 2020, the CARES Act created a refundable payroll tax credit (the Employee Retention Tax Credit, or the “ERTC”) for eligible payroll costs of certain employers who were negatively impacted by COVID.

Yesterday evening, the President signed into law the Bipartisan COVID-19 Emergency Relief Act of 2020 (the “Relief Act”).

Earlier this month, the U.S. Equal Employment Opportunity Commission updated its COVID-19 technical assistance with new information on vaccinations.

On December 20, 2020, Congress passed the Emergency Coronavirus Relief Agreement, which, if approved by the president, will be signed into law as the COVID-related Tax Relief Act of 2021 (CTRA). The CTRA offers approximately $900 billion in relief and stimulus provisions (discussed in more detail here). However, not included in the CTRA is an extension of the mandatory leave provisions of the Families First Coronavirus Response Act (FFCRA), which are set to expire on December 31, 2020. Instead, the CTRA extends the tax credits available to covered employers that continue to offer paid leave under the FFCRA framework through March 31, 2021.

On November 9, 2020, the Supreme Court announced that it would not reconsider the case of Retirement Plans Committee of IBM v. Jander, which the Court remanded to the Second Circuit in its last term.

On October 2, 2020, the IRS published Notice 2020-76 , announcing an automatic 30-day extension of the deadline to distribute 2020 Form 1095-Cs to employees.

On September 9, 2020, California Governor Gavin Newsom signed Assembly Bill 1867, which requires private employers with 500 or more employees nationwide to provide COVID-19 supplemental paid sick leave benefits to qualifying employees.

The clock has starting ticking for defined contribution plans to begin to provide a “lifetime income disclosure” on at least one benefit statement a year.

The DOL expanded the option for electronic delivery of retirement plan notices and documents.

This is the second part of our three-part series reviewing ERISA cases decided this term by the U.S. Supreme Court.

The IRS released proposed regulations on June 11, 2020 regarding the excise taxes imposed under Code Section 4960.

In response to the COVID-19 pandemic, Congress enacted the Families First Coronavirus Response Act (FFCRA).

Section 1557 of the ACA prohibits discrimination on the basis of race, color, national origin, sex, age, or disability by health programs and activities funded or administered by HHS. On June 12, 2020, the U.S. Department of Health and Human Services (HHS) announced a 2020 Rule (2020 Rule) on Section 1557 of the Affordable Care Act (ACA).

Earlier this month, the Supreme Court issued its opinion in the case of Thole v. U.S. Bank, holding that participants in defined benefit pension plans do not have standing to bring breaches of fiduciary duty claims under ERISA unless and until their own benefit has actually been impacted. 

The IRS temporarily waived the physical presence requirement for spousal consent to participant benefit elections in a qualified retirement plan.

On May 12, 2020, the IRS issued Notices 2020-29 and 2020-33.  Notice 2020-29 provides employers with more flexibility for mid-year changes under cafeteria plan as well as permits the extension of grace periods and carryovers of unused 2019 FSA amounts through the end of 2020.