Over-Withholding of Same-Sex Spouse Benefits
On Sept. 23, 2013, the IRS issued Notice 2013-61. This notice provides a special process for employers to make refund claims or internal adjustments of FICA and federal income tax (FIT) that was withheld or paid in connection with same-sex spouse benefits.
DOL Issues Same-Sex Marriage Guidance
Details continue to emerge on how the federal government will implement the decision of the U.S. Supreme Court that part of the Defense of Marriage Act (DOMA) is unconstitutional. On Sept. 18, 2013, the Department of Labor's Employee Benefit Security Administration (EBSA) issued Technical Release 2013-04.
HR Elements – Sept. 2013
A brief roundup of HR news and trends, including new guidance on the reinsurance fee under PPACA.
Self-Funded Plans and PPACA
PPACA brings numerous responsibilities and options to employers. Below is a summary of the PPACA provisions that apply to group health plans and whether the provision applies to self-funded plans.
Small Group Insured Plans
PPACA brings numerous responsibilities and options to employers. Below is a summary of the PPACA provisions that apply to group health plans and whether the provision applies to insured small group plans provided inside and outside the SHOP exchange.
Large Group Insured Plans and PPACA
PPACA brings numerous responsibilities and options to employers. Below is a summary of the PPACA provisions that apply to group health plans and whether the provision applies to insured large group plans.
PPACA Advisor – Small Employer Tax Credit
Very small employers with a high percentage of employees who earn low wages are eligible for a tax credit for employer contributions made to purchase health insurance. Non-profit organizations also are eligible - they will receive the credit as an offset to their payroll taxes. Governmental entities are not eligible unless they qualify as 501(c) organizations.
IRS Issues Reporting Rules
On Sept. 5, 2013 the Internal Revenue Service (IRS) released the long awaited rules that describe the reporting that plans, employers and insurers will need to provide in support of the individual shared-responsibility and employer shared-responsibility requirements of the Patient Protection and Affordable Care Act (PPACA). The rules are proposed, so some changes may occur when the rules are finalized.
Marketplace/Exchange Notice
PPACA requires employers covered by the Fair Labor Standards Act to provide a notice about the upcoming health marketplaces (also called exchanges) to their employees. The notice is due Oct. 1, 2013. On Sept. 11, 2013 the Department of Labor (DOL) announced that it will not penalize employers that do not provide this notice.
Linda Rowings Interview
United Benefit Advisors' Chief Compliance Officer Linda Rowings recently spoke with 1310 AM, Madison, Wisc. about Health Care Reform.
PPACA Advisor – Exchange FAQ
This FAQ is based on Department of Labor (DOL) Technical Release 2013-02, which does not provide specific guidance on many issues. Consequently, some of the answers in this FAQ are based on agency guidance provided in similar situations. The answers in this FAQ assume the employer is completing the model notice that applies to employers that offer coverage.
Highlights of Exchange Notice Requirement
Most employers must give a notice about the upcoming health exchanges/marketplaces to all existing employees by Oct. 1, 2013. Employees hired after that date must receive the notice within 14 days following their start date.