Pension and Benefits NetNews – July 2, 2013

 

NetNews Subscription

Want to receive these Newsletters via E-mail?

hr.cch.com Resources

About Links in this Newsletter

To access the IntelliConnect™ full text documents you must be a subscriber to the Pension Plan Guide or Employment Benefits Management.

Links within news stories display full text documents including legislation, regulations,
court decisions, rulings and government reports.

The first time you click on a link you will be taken to the IntelliConnect login page, where you will need to enter your ID and password. Subsequent links will take you directly to the desired document.

IntelliConnect

If you aren’t a subscriber call 800-449-9525, or let us contact you about,

Email Us

Contact us by sending an e-mail to

 
Retirement & Benefits Customer ConferenceIn addition to this week’s news below, we are excited to announce our second annual Retirement & Benefits Compliance Customer Conference on August 4-6, 2013. Click here for more information.

Featured This Week

Employee Benefits Management News

  • Speakers ask IRS to expand and clarify exemptions to health insurance provider fee
  • Definition of marriage in DOMA falls under Fifth Amendment equal protection guarantees
  • DOMA ruling raises benefits questions for employers seeking to comply with the law
  • IRS issues notices on determining minimum essential coverage; transition relief for employees at companies with non-calendar year plans

Pension Plan Guide News

  • EBSA proposes to amend PT class exemptions to remove references to “credit ratings”
  • PBGC issues RFI on missing participants in individual account plans
  • No evidence that plan was maintained pursuant to a collective bargaining agreement for purposes of making multiemployer plan election, EBSA opines

Employee Benefits Management News

Speakers ask IRS to expand and clarify exemptions to health insurance provider fee

Speakers at a June 21 IRS hearing on the health insurance provider fee asked the IRS and Treasury to expand and clarify proposed regulations by exempting multiemployer plans and governmental risk pools. The speakers expressed concerns that the fee would be imposed inappropriately on self-insured arrangements that are not providing health insurance. For details, see ¶2068J.

(Read Intelliconnect) »

Definition of marriage in DOMA falls under Fifth Amendment equal protection guarantees

In a greatly anticipated and deeply divided opinion, the Supreme Court ruled today that lawfully married, same-sex couples are entitled to the equal protection of the laws pursuant to the Fifth Amendment to the Constitution, and thus, Section 3 of the Defense of Marriage Act (DOMA) must fall (United States v Windsor, June 26, 2013, Kennedy, A). For more information, see ¶2068L.

(Read Intelliconnect) »

DOMA ruling raises benefits questions for employers seeking to comply with the law

Wednesday, June 26, 2013, the U.S. Supreme Court issued a ruling striking down Section 3 of the Defense of Marriage Act (DOMA), which had previously provided that the definition of marriage applied only to the legal union of one man and one woman, and that the definition of spouse referred only to a person of the opposite sex who was a husband or wife. Employers are now left wondering about the ramifications of the decision on the administration of their employees’ various benefit plans. For more information, see ¶2068M.

(Read Intelliconnect) »

IRS issues notices on determining minimum essential coverage; transition relief for employees at companies with non-calendar year plans

The Internal Revenue Service has issued two Notices that deal with different provisions in the Patient Protection and Affordable Care Act (ACA). Notice-2013-41 provides guidelines on how to determine if an individual is eligible for minimum essential coverage for purposes of the premium tax credit allowable under Sec. 36B. For more information, see ¶2068N.

(Read Intelliconnect) »

Pension Plan Guide News

EBSA proposes to amend PT class exemptions to remove references to “credit ratings”

The Employee Benefits Security Administration (EBSA) has issued proposed amendments to various PT Class Exemptions that would remove any references to or requirements of reliance on “credit ratings,” reflecting the Dodd-Frank Act. For more information, see ¶16,717.

(Read Intelliconnect) »

PBGC issues RFI on missing participants in individual account plans

The Pension Benefit Guaranty Corporation (PBGC) has issued a request for information (RFI) seeking comments from the public to assist it in making decisions about implementing a new program to deal with benefits of missing participants in terminating individual account plans. For more information, see ¶121S.

(Read Intelliconnect) »

No evidence that plan was maintained pursuant to a collective bargaining agreement for purposes of making multiemployer plan election, EBSA opines

Agreements by unions to make contributions to a plan did not constitute a collective bargaining agreement for purposes of making an election that the plan be treated as a multiemployer plan, according to an EBSA advisory opinion. For more information, see ¶19,993C.

(Read Intelliconnect) »