Pension & Benefits NetNews – March 17, 2020

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

  • Supreme Court will review ACA individual mandate case
  • HIPAA protections not set aside during an emergency, such as a Coronavirus outbreak, HHS says
  • WHD releases FMLA-related COVID-19 guidance
  • HDHPs can waive cost-sharing for coronavirus testing, IRS says

Pension Plan Guide News

  • DOL announces availability of new guidance document database
  • IRS releases 2nd quarter update to Priority Guidance Plan
  • PBGC final regs clarify rights to administrative review

Employee Benefits Management News

Supreme Court will review ACA individual mandate case

The Supreme Court has agreed to review the Fifth Circuit’s ruling that found the Affordable Care Act’s (ACA) individual mandate unconstitutional. The court granted certiorari for two petitions, consolidating the cases for one hour of oral argument next fall. For more information, see ¶2131S.

        (Read Cheetah) »

HIPAA protections not set aside during an emergency, such as a Coronavirus outbreak, HHS says

The protections of the Health Insurance Portability and Accountability Act (HIPAA) privacy rule are not set aside during an emergency, such as during an outbreak of infectious disease or other emergency situations, according to a recent bulletin entitled, HIPAA Privacy and Novel Coronavirus, from the HHS’s Office for Civil Rights (OCR). For more information, see ¶2131V.

        (Read Cheetah) »

WHD releases FMLA-related COVID-19 guidance

The Department of Labor’s Wage and Hour Division has published guidance on dealing with coronavirus in the workplace. The guidance is contained in 11 frequently-asked-questions and answers about COVID-19 and the FMLA. For more information see ¶2131Z.

        (Read Cheetah) »

HDHPs can waive cost-sharing for coronavirus testing, IRS says

According to IRS Notice 2020-15, a high-deductible health plan (HDHP) may waive cost-sharing for the testing and treatment of COVID-19 without application of a deductible or cost-sharing. The IRS noted that part of the response to coronavirus is removing barriers to testing for and treatment of COVID-19. For more information see ¶2132A.

        (Read Cheetah) »

Pension Plan Guide News

DOL announces availability of new guidance document database

The Pension Benefit Guaranty Corporation (PBGC) has announced the establishment of a new guidance document database. The PBGC set up the database based on the October 9, 2019 Executive Order issued by the President, Executive Order (EO) 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents.” Pursuant to the EO, the American public should only be subject to binding rules imposed through duly enacted statutes or through regulations that are lawfully promulgated, and Americans should have fair notice of any such obligations. To ensure increasing transparency, each agency is required to establish on its website a single, searchable, indexed database that contains, or links to, all of the agency’s “guidance documents,” as defined in the EO, and provides certain information about them. Thus, the PBGC has established the required guidance document database at www.pbgc.gov/guidance. The guidance document database contains links to PBGC “guidance documents.” For more information, see ¶169x.

        (Read Cheetah) »

IRS releases 2nd quarter update to Priority Guidance Plan

The IRS and the Treasury Department have released the second quarter update to the 2019-2020 Priority Guidance Plan, which includes numerous employee benefit items. The 2019-2020 Priority Guidance Plan contains guidance projects that the IRS hoped to complete during the twelve-month period from July 1, 2019 through June 30, 2020. The Priority Guidance Plan contained 203 guidance projects, 31 of which had been completed on or before September 30, 2019. The second quarter update to the 2019-2020 plan reflects 40 additional projects which have been released during the period from October 1, 2019 through December 31, 2019. For more information, see ¶169z.

        (Read Cheetah) »

PBGC final regs clarify rights to administrative review

The Pension Benefit Guaranty Corporation (PBGC) has issued a final rule that amends its regulations on Rules for Administrative Review of Agency Decisions to clarify and make changes to the review process for certain agency determinations and to the procedures for requesting administrative review. The final regulations clarify, simplify, and make other editorial changes to the language, and codify PBGC practices. These amendments only apply to the PBGC’s single-employer defined benefit plan program and are effective March 25, 2020. The final regulations amend the PBGC’s rules for administrative review of agency decisions. Specifically, the regulations: (1) Subject all coverage determinations to appeal; (2) Subject all determinations concerning the allocation of a trusteed plan’s assets upon plan termination to appeal, except for determinations concerning the distribution of residual assets, which remain subject to reconsideration; (3) Clarify that, consistent with the PBGC’s long-standing practice, when it makes an initial determination effective on the date of issuance, a person aggrieved by the initial determination has no right to request reconsideration of, or appeal, the determination; (4) Clarify where to send requests for extensions on appeals and extensions for reconsideration; and (5) Clarify that persons seeking administrative review may request information in the PBGC’s possession by using its procedures for requests under the Freedom of Information Act and the Privacy Act. For more information, see ¶169p.

        (Read Cheetah) »

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