Want to receive these Newsletters via E-mail?
About Links in this Newsletter
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.
If you aren’t a subscriber call 800-449-9525, or let us contact you about,
Contact us by sending an e-mail to
Employee Benefits Management News
- No safe harbor, but employer’s ‘voluntary’ wellness program did not violate ADA
- 2017 per diem rates issued for travel expense reimbursements
- HHS has work to do to safeguard electronic health information
- Final rule gives seven days of paid sick leave to federal contractors’ employees
Pension Plan Guide News
- IRS issues updated static mortality tables for 2017
- DOL, IRS, PBGC extend comment period on proposed Form 5500 modernization until December 5
- PBGC issues rates for late premiums for October-December 2016 and overdue withdrawal liability payments for October-December 2016
No safe harbor, but employer’s ‘voluntary’ wellness program did not violate ADA
In the EEOC’s suit claiming an employer’s wellness program and related health risk assessment violated the ADA prohibition against medical exams and disability-related inquiries, the agency was denied summary judgment but the employer’s motion was granted in part. For more information, see ¶2100D.
2017 per diem rates issued for travel expense reimbursements
The IRS has provided the 2016-2017 special per diem rates for taxpayers to use to substantiate ordinary and necessary business expenses incurred while traveling away from home. For more information, see ¶2100E.
HHS has work to do to safeguard electronic health information
Although the increased use of electronic health record (EHR) technology can improve health care quality, HHS must take steps to aid Health Insurance Portability and Accountability Act (HIPAA) covered entities (CEs) and business associates (BAs) to shore up vulnerabilities that could lead to security lapses. For more information, see ¶2100H.
Final rule gives seven days of paid sick leave to federal contractors’ employees
The Department of Labor has released a final rule implementing Executive Order 13706, “Establishing Paid Sick Leave for Federal Contractors,” signed by President Barack Obama on September 7, 2015. The final rule implements the requirement in EO 13706 that certain parties contracting with the federal government provide employees up to seven days of paid sick leave annually. For more information see ¶2100J.
IRS issues updated static mortality tables for 2017
The IRS has updated the static mortality tables to be used for defined benefit pension plans under Code Sec. 430(h)(3)(A) and ERISA Sec. 303(h)(3)(A) These updated tables, which are being issued using the methodology in the existing final regulations under Code Sec. 430(h)(3)(A), apply for purposes of calculating the funding target and other items for valuation dates occurring during calendar year 2017. This notice also includes a modified unisex version of the mortality tables for use in determining minimum present value under Code Sec. 417(e)(3) and ERISA Sec. 205(g)(3) for distributions with annuity starting dates that occur during stability periods beginning in the 2017 calendar year. For more information, see ¶17159k.
DOL, IRS, PBGC extend comment period on proposed Form 5500 modernization until December 5
The Labor Department has announced a two-month extension of the comment period on the Form 5500 Modernization Proposals. The forms revisions and regulatory amendments were proposed as part of a project to improve and modernize Form 5500 annual return/reports filed by employee benefit plans. The forms revisions and regulatory amendments generally are being coordinated with a recompete of the contract for the ERISA Filing Acceptance System II – the wholly electronic system, commonly known as EFAST2, that is operated by a private-sector contractor for the processing of Form 5500/5500-SF return/reports. A range of stakeholder groups asked for an extension of time to submit comments given the scope and significance of the proposed forms revisions and regulatory amendments. The department, IRS and PBGC decided to extend the public comment period on the proposed forms revisions and regulatory amendments from the original October 4, 2016, deadline to the new December 5, 2016, deadline. The result will be a total of almost five months for interested persons to prepare and submit comments. For more information, see ¶145m.
PBGC issues rates for late premiums for October-December 2016 and overdue withdrawal liability payments for October-December 2016
The PBGC interest rate for late premium payments and employer liability underpayments and overpayments, where single-employer plans terminate without sufficient assets to pay all guaranteed benefits, is 4.00% for the period from October 1, 2016 to December 31, 2016, which is unchanged from the previous quarter. The PBGC has announced that the rate of interest to be charged by multiemployer plans on withdrawal liability payments that are overdue or in default, or to be credited by such plans on overpayments of withdrawal liability, is 3.50% for the period from October 1, 2016 to December 31, 2016, which is unchanged from the previous quarter. For more information, see ¶145o.
For more information, visit http://www.wolterskluwerlb.com/rbcs.