February 4, 2019

Updated Penalty Amounts for ERISA 401(K) and Welfare Plans

On January 23, 2019, the DOL published annual adjustments to the civil monetary penalties for certain ERISA violations applicable to 401(k) plans. Legislation enacted in 2015 requires these adjustments to be issued by January 15 of each year, but the government shutdown prevented the DOL from meeting the statutory deadline this year*. Updated penalty amounts for… Continue Reading

January 18, 2019

ERISA Regulations Often Preempt State Laws: Welfare Plans

In the world of employer compliance, it’s common to fall through Alice’s rabbit hole and end up completely confused about which laws apply to a specific situation.  To start the year on the right foot, remember that federal laws governing ERISA-regulated employee welfare plans generally preempt state law. In early December 2018, the DOL released… Continue Reading

December 28, 2018

IRS Releases 2019 HSA Reporting Forms

The Internal Revenue Department released 2019 HSA Reporting Forms (Form 5498-SA and Form 1099-SA) and their corresponding instructions. Filing and deadline dates have been updated.  These forms are often used by and provide information to persons holding these accounts (as they have reporting obligations). It’s important to note these forms are to be used in… Continue Reading

December 21, 2018

EEOC Removes Affected Provisions of Wellness Incentive Rules from CFR

As previously reported, in 2017, a U.S. federal district court issued an order vacating the wellness plan incentive rules imposed under the Americans With Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).  The court’s order is effective on January 1, 2019.  Consistent with that ruling, the EEOC has officially removed the affected provisions… Continue Reading

December 18, 2018

ACA Still in Effect

On December 14, 2018 a federal district court in Fort Worth ruled that the ACA’s requirement to maintain minimum essential coverage (the so-called individual mandate) was unconstitutional . The court further ruled that the remaining provisions of the ACA were so closely connected to the individual mandate that they too are invalid.  Both liberal and… Continue Reading

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