Pension & Benefits NetNews – January 29, 2019

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

Featured This Week

Employee Benefits Management News

  • Court enjoins 2019 final rules for religious, moral exemptions
  • DOL issues annual adjustments to penalties for 2019
  • Fitness challenges, standing desks make list of popular benefits, Clarity Benefit Solutions finds

Pension Plan Guide News

  • PBGC final regs increase civil penalties for failure to provide certain notices for 2019
  • IRS releases 2019 TE/GE employee plan procedures for issuing determination letters and letter rulings, and 2019 schedule of employee plan user fees
  • PBGC’s My PAA is accepting 2019 electronic premium filings

Employee Benefits Management News

Court enjoins 2019 final rules for religious, moral exemptions

A federal district court in California has issued a preliminary injunction preventing the implementation of HHS’s 2019 final rules regarding religious exemption and moral exemption for contraceptive coverage in the states which challenged the final rule. Among the reasons cited by the court was that the moral exemption rule was not in accordance with the Patient Protection and Affordable Care Act (ACA) and that the regulatory agencies involved did not follow the Administrative Procedures Act (APA) when issuing the moral exemption. For more information, see ¶2121X.

        (Read Intelliconnect) »

DOL issues annual adjustments to penalties for 2019

The Department of Labor (DOL) has issued a final rule to adjust the amounts of civil penalties assessed or enforced under its regulations. Those adjustment amounts pertain to regulations enforced by the DOL’s EBSA, Wage and Hour Division, OSHA, and other agencies. For more information, see ¶2121Z.

        (Read Intelliconnect) »

Fitness challenges, standing desks make list of popular benefits, Clarity Benefit Solutions finds

Some employers may find it challenging to find just the right mix of benefits to entice employees to enroll in benefits programs. Fortunately, there are a number of benefits programs that are on the rise that employers should consider offering their employees. Clarity Benefit Solutions has released a list of them. For the list, see ¶2122F.

        (Read Intelliconnect) »

Pension Plan Guide News

PBGC final regs increase civil penalties for failure to provide certain notices for 2019

The Pension Benefit Guaranty Corporation (PBGC) has issued final regulations that adjust the civil monetary penalties provided in ERISA Secs. 4071 and 4302 for inflation. The maximum daily penalty for failing to provide notices or other material information under ERISA Sec. 4071 has increased from $2,140 to $2,194, and the maximum penalty for failure to provide certain multiemployer plan notices under ERISA Sec. 4302 has risen from $285 to $292. The final regulations are effective December 28, 2018, and the increases apply to penalties assessed after December 28, 2018. The PBGC notes that, although the maximum penalties are increasing, it is uncommon for the PBGC to assess information penalties. The PBGC’s goal is to encourage compliance, not to penalize plans that inadvertently forget to file information. Generally, when the PBGC does assess an information penalty, the amount is significantly less than the maximum allowed. For more information, see ¶162i.

        (Read Intelliconnect) »

IRS releases 2019 TE/GE employee plan procedures for issuing determination letters and letter rulings, and 2019 schedule of employee plan user fees

The IRS has updated its procedures for employee plans (EP) to obtain guidance on issues under the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division (TE/GE) Employee Plans Rulings and Agreements Office. The procedure also details the types of advice available to taxpayers, and the manner in which such advice is requested and provided. In addition to minor non-substantive changes, including changes to dates, cross references, and citations to other revenue procedures, a number of changes were made. including: (1) Modifications have been made to reflect Employee Plans Rulings and Agreement’s current practice of considering voluntary requests for closing agreements to resolve certain income or excise tax issues that are ineligible for resolution under EPCRS; (2) Code Secs. 414(b), (c) and (m) have been added to the list of sections for which a determination is not made when a determination letter is issued in accordance with this revenue procedure; and (3) Beginning April 1, 2019, VCP submissions and the applicable user fees must be made using www.pay.gov. For more information, see ¶17299v98.

        (Read Intelliconnect) »

PBGC’s My PAA is accepting 2019 electronic premium filings

My PAA is ready to accept electronic premium filings for plan years beginning in 2019, according to the Pension Benefit Guaranty Corporation (PBGC). The PBGC notes that it has made several enhancements to My PAA to simplify and streamline the premium payment process. In particular, the following has been changed: (1) My PAA Demos are now available directly from every page header within My PAA; (2) All “team members” will be notified be email when new PBGC premium-related correspondence is sent (copies of such correspondence can be viewed via the Plan Correspondence Quick Link); (3) Filing Coordinators can now add or remove team members” for multiple plans at once; and (4) With the exception of “uploaded” filings, filers now have the ability to attach a document when submitting premium filings online using My PAA in the event they would like to include additional explanations for any premium filing data. For more information, see ¶162J.

        (Read Intelliconnect) »

For more information, visit http://www.wolterskluwerlb.com/rbcs.