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Business Insights, Research & Perspectives

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January 10, 2008

Retiree Health and Age Discrimination…the Final Scene?

On December 26, 2007, the Equal Employment Opportunity Commission (EEOC) issued final regulations supporting the long-standing practice of coordinating retiree health benefits with Medicare.  This matter was challenged several years ago in the Erie County case (see Retiree Health Coordination on the Move Again?, Retiree Health Rules Rolling Again, and Coordination of Retiree Health Benefits with Medicare).  Since then, the pendulum has swung back and forth.  While it may still be swinging, its arc is short and slow. 

December 6, 2007

Enforcement of Revised Form I-9

The US Citizenship and Immigration Services (USCIS) recently announced that all US employers must begin using a revised Form I-9 for all newly hired employees, and for all employees whose status requires re-verification.  The I-9 Form has been revised to bring it into compliance with existing regulations.  According to USCIS, this new form is the only form that should be used, beginning on or after 11/7/07.  If this Form is not used after 12/26/07, then penalties may be assessed.

December 6, 2007

IRS Issues Model 403(b) Plan

In July, 2007, the final 403(b) regulations were issued.  These regulations require that all 403(b) plans be governed by a written plan document.  Often, plans exempt from ERISA have not maintained a written plan document governing their programs. 

December 6, 2007

PPA Notices…Re-Visited Again!

The IRS and Treasury have been busy issuing guidance that will assist plan sponsors in their efforts to make certain retirement plans remain qualified.

November 5, 2007

Delay of 409A Implementation

The IRS recently issued Notice 2007-86, which extends thedeadline for compliance with 409A rules until December 31, 2008.

November 5, 2007

2008 Cost of Living Adjustments

2008 Retirement Plan COLAs

November 5, 2007

PPA Notices Re-visited

Qualified Default Investment Alternatives

November 5, 2007

Medicare Part D Notice: Don't Forget!

  • Annual Medicare Part D Notices . The annual notices of creditable and noncreditable coverage to Medicare-eligibles must be providedno later than November 14, 2007.  Notices to be used on or after February 15, 2007, as well as Creditable Coverage Guidance, are all available on-line from the CMS website.
  • Disclosure Notice to CMS.  An annual report must also be submitted to CMS describing whether the prescription drug coverage is creditable or not creditable.  This filing must be accomplished electronically, and is due within 60 days of the commencement of the plan year.  CMS has recently revised its guidance, including Form Instructions and Screen Shots, on how this disclosure notice must be provided to them.

 

October 9, 2007

Time Now for New Massachusetts Filings by Employers

The Massachusetts health care reform law passed last year requires employers who employ 11 or more full-time equivalent employees in the Commonwealth to accomplish certain filings between October 1st and November 15th of each year. The first filing period is upon us.

October 9, 2007

409A Documentation Limited Relief

409A is a tax code regulating nonqualified deferred compensation. It was enacted in October 2004, and the time for compliance is upon us. Generally, nonqualified deferred compensation plans must comply with the 409A rules beginning January 1, 2008, or risk substantial penalties, both to participant and employer.

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