Explore CBIZ’s latest insights on the critical issues that help advance accounting, tax, insurance, HR and much more at your organization. Search for exactly what you need to succeed below.
April 18, 2011
HRB 34 - Repeal of Free-Choice Vouchers and Form 1099 Reporting
April 5, 2011
Financial Incentives for Wellness Program Participation: Employers Beware
The increased use of wellness programs raises issues relating to the Americans with Disabilities Act (ADA) (see Health Risk Assessments: Where Do They Stand? from the June 2009 edition of the Benefit Beat). The potential risk can arise in a couple ways, such as inquiring about non-job related disability, or making coverage under a health plan contingent upon completing a health risk assessment. The EEOC has not provided formal guidance on this matter; however, have issued two informal opinions.
ADAA Regulations Issued – Discrimination is the Focus
The ADA Amendments Act of 2008 (ADAA) was enacted September 25, 2008. This law amended the Americans with Disabilities Act (ADA) which became law on July 26, 1990 (see ADA Amended from the October, 2008 Benefit Beat). On March 25, 2011, final regulations implementing the ADAA were issued. These regulations become effective on May 24, 2011.
April 4, 2011
HRB 33 - Grandfathered Status and ERRP Updates
The Agencies (DOL, HHS and IRS) have recently issued some additional sub-regulatory guidance relating to the Patient Protection and Affordable Care Act in the form of Frequently Asked Questions. These 6 new FAQs relate primarily to determining grandfathered status as follows:
March 30, 2011
HRB 32 - IRS Issues Interim Guidance on W-2 Reporting
March 22, 2011
HRB 31 - Delay in Claims and Appeals Enforcement
March 2, 2011
Delay of Service Provider Fee Disclosure
Last summer, the DOL issued interim final regulations relating to service provider fee disclosure (see Retirement Plan Fee Disclosure Continuum, from the August 2010 edition of Benefit Beat). These rules are part of a 3-prong effort by the DOL to ensure that retirement plan sponsors and participants have the requisite information to make informed plan decisions. The service provider rules specifically require that service providers disclose certain information to plan sponsors.
Marriage - Where Does It Stand?
Even without a full blown philosophical discussion of the meaning of marriage, the issues surrounding this concept are fraught with uncertainty. On February 23, 2011, in a letter to John Boehner, Speaker of the U.S. House of Representatives, and by an Official Statement, Attorney General Eric Holder, on behalf of the Department of Justice (DOJ), indicated that the DOJ will no longer defend the Defense of Marriage Act (DOMA). DOMA is a federal law, enacted in 1996 (codified at 1 U.S.C. §7 and 28 U.S.C. §1738C), that defines marriage as, “a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife”.
IRS Clarifies Lactation Expenses Qualify as Medical Care Expenses
The IRS recently issued an Announcement relating to the excludability of breast pumps and nursing equipment. IRS Announcement 2011-14 affirms that the cost of breast pumps and lactation aids are deemed to be medical care under IRC §213(d) in that, “like obstetric care, they are used for the purpose of affecting a structure or function of the body”. Therefore, expenses relating to breast pumps and lactation supplies are excludable from an employee’s income, and can be purchased with tax-favored dollars through a flexible medical spending account, a health reimbursement arrangement or a health savings account. This ruling is consistent with the trend toward wellness, and general health and well-being.
IRS Issues Guidance on 403(b) Plan Termination Provisions
In Revenue Ruling 2011-7, the IRS begins to clarify how a 403(b) plan can be terminated and how a distribution can occur on a tax-favored basis. A 403(b) plan can be sponsored by not-for-profit entities and public schools.