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Employee Benefits Management News
- EEOC’s ADA, GINA wellness regs survive AARP’s attempt to thwart them
- Bipartisan bill introduced to repeal Cadillac tax
- Some ACA provisions could continue temporarily post-repeal
- Current accommodation for employers objecting to contraception coverage will remain unchanged
Pension Plan Guide News
- EBSA final regs expand ERISA safe harbor for state payroll deduction IRA programs to cover programs of limited number of larger cities and counties
- Treasury Department releases letter approving Iron Workers Local 17 pension plan application to reduce multiemployer plan benefits
- PBGC issues disaster relief for Tennessee
EEOC’s ADA, GINA wellness regs survive AARP’s attempt to thwart them
Refusing to preliminarily enjoin the EEOC’s regulations under the ADA and GINA that say the use of a penalty or incentive of up to 30 percent of the cost of self-only coverage does not render “involuntary” a wellness program (either a participatory or health-contingent program) that seeks the disclosure of ADA- or GINA-protected information, the federal district court in the District of Columbia found that AARP had associational standing—bringing suit on behalf of its members—to challenge the regs, but it did not establish irreparable injury. For more information, see ¶2102R.
Bipartisan bill introduced to repeal Cadillac tax
Rep. Mike Kelly (R-PA) and Rep. Joe Courtney (D-CT) have introduced H.R. 173, the Middle Class Health Benefits Tax Repeal Act of 2017, which would repeal the Patient Protection and Affordable Care Act’s (ACA) excise tax on high cost health plans. For more information, see ¶2102T.
Some ACA provisions could continue temporarily post-repeal
Repeal of the Patient Protection and Affordable Care Act (ACA) and its associated taxes could come quickly but changes, possibly including changes to the ACA’s tax provisions, may not be in place until 2018 or later, a Republican member of Congress said recently. For more information, see ¶2102V.
Current accommodation for employers objecting to contraception coverage will remain unchanged
In FAQs about Affordable Care Act Implementation Part 36, the Departments of Labor, Health and Human Services, and the Treasury (the Departments) have decided not to modify the current accommodation for employers that object to contraceptive coverage on religious grounds. For more information see ¶2102W.
EBSA final regs expand ERISA safe harbor for state payroll deduction IRA programs to cover programs of limited number of larger cities and counties
The Employee Benefits Security Administration (EBSA) has issued final regulations that amend its previously issued final regulations on how states can design and operate payroll deduction savings programs for private-sector employees—including automatic enrollment programs—without causing the states or private-sector employers to have established employee pension benefit plans under ERISA. The amendment, which is effective thirty days after publication in the Federal Register, expands the final regulations beyond states to cover qualified state political subdivisions and their programs that otherwise comply with the regulations. For more information, see ¶147g.
Treasury Department releases letter approving Iron Workers Local 17 pension plan application to reduce multiemployer plan benefits
The Department of the Treasury has released a letter, dated December 16, 2016, to the Board of Trustees of the Iron Workers Local 17 Pension Plan, stating that the plan is eligible to reduce benefits under the plan pursuant to the Multiemployer Pension Reform Act of 2014 (MPRA). Kenneth Feinberg, Special Master for the implementation of the Act, further states that the application satisfies the requirements of Code Sec. 432(e)(9)(C), (D), (E), and (F), subject to the Board of Trustee’s revision of the proposed plan amendment included in the application to accurately describe the limitation on benefit suspension set forth in Code Sec. 432(e)(9)(D)(i). Thus, the application is approved, subject to the revision of the proposed amendment. Feinberg cautions, though, that this is not a final authorization to implement the benefit suspension. For more information, see ¶147j.
PBGC issues disaster relief for Tennessee
The Pension Benefit Guaranty Corporation (PBGC) has announced relief from certain deadlines and penalties in connection with the Form 5500 series for “designated persons” adversely affected by wildfires that began on November 28, 2016 in Tennessee. The relief generally extends from November 28, 2016 through March 31, 2017. For more information, see ¶147m.
For more information, visit http://www.wolterskluwerlb.com/rbcs.