Pension & Benefits NetNews – September 15, 2015

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Featured This Week

 

Employee Benefits Management News

 

  • TPA with control of claims process must defend ERISA action against health plan
  • Employer plans that do not provide hospital coverage and physician services do not provide minimum value
  • ERISA plan administrators must notify claimants of contractual suit-limitations periods
  • HHS moves towards health care equity, proposes to leave sex discrimination

Pension Plan Guide News

 

  • Treasury Department requests comments on process of transferring myRA account balances to private-sector Roth IRAs
  • Multiemployer plan requests approval of plan amendment providing for special withdrawal liability rules
  • PBGC issues disaster relief for Kentucky

 

Employee Benefits Management News

 

TPA with control of claims process must defend ERISA action against health plan

The Mental Health Parity and Addiction Equity Act of 2008 (the Parity Act) is enforceable by a beneficiary of a health plan in an action against the third party administrator to enjoin alleged violations under ERISA Sec. 502(a), and the third party administrator (TPA), which exercised total control over the claims process, is the proper defendant. For more information, see ¶2089S.

(Read Intelliconnect) »

Employer plans that do not provide hospital coverage and physician services do not provide minimum value

The IRS has issued proposed regulations providing that an eligible employer sponsored group health plan does not provide minimum value if it excludes substantial coverage to employees for in-patient hospitalization services or physician services (or both). For details, see ¶2089U.

(Read Intelliconnect) »

ERISA plan administrators must notify claimants of contractual suit-limitations periods

The administrator of a health insurance plan governed by ERISA violated its regulatory obligations by failing to include in a denial-of-benefits letter the plan’s one-year deadline for filing suit, the U.S. Court of Appeals for the Third Circuit ruled. For more information, see ¶2089X.

(Read Intelliconnect) »

HHS moves towards health care equity, proposes to leave sex discrimination

The Department of Health and Human Services (HHS) published a proposed rule to update the agency’s nondiscrimination regulations to prohibit sex discrimination in health programs and activities. The update, under the Patient Protection and Affordable Care Act (ACA), also would impose new requirements for communication with disabled individuals and enhance language assistance for individuals with limited English proficiency. For more information, see ¶2089Y.

(Read Intelliconnect) »

Pension Plan Guide News

 

Treasury Department requests comments on process of transferring myRA account balances to private-sector Roth IRAs

Department of the Treasury’s Bureau of the Fiscal Service (Fiscal Service) has developed a new Treasury electronic retirement savings bond to give working individuals (particularly those not currently saving) a new opportunity to begin saving for retirement. The bond, targeted to new savers who lack access to an employer-sponsored retirement plan, is available as an investment for eligible individuals who choose to save in Roth IRAs maintained by Treasury’s financial agent. A Roth IRA invested in the new bond is called a
myRA® (short for my Retirement Account). Account holders can transfer their
myRA account balance into a private sector Roth IRA of their choosing at any time. Treasury requests information and public comment on possible options for (1) communicating effectively with account holders about considerations and options for transferring their
myRA account balances to private sector Roth IRAs, and (2) transferring the
myRA account balances of account holders who do not provide transfer instructions to Treasury’s financial agent by the time they reach the Transfer Threshold. Comments must be submitted on or before Friday, October 23, 2015. For more information, see ¶137U.

(Read Intelliconnect) »

Multiemployer plan requests approval of plan amendment providing for special withdrawal liability rules

The PBGC has advised interested persons that the agency has received a request from the Service Employees International Union Local 1 Cleveland Pension Plan for approval of a plan amendment providing for special withdrawal liability rules. Under section 4203(f) of the Employee Retirement Income Security Act of 1974 and PBGC’s regulation on Extension of Special Withdrawal Liability Rules, a multiemployer pension plan may, with PBGC approval, be amended to provide for special withdrawal liability rules similar to those that apply to the construction and entertainment industries. Such approval is granted only if PBGC determines that the rules apply to an industry with characteristics that make use of the special rules appropriate and that the rules will not pose a significant risk to the pension insurance system. Before granting an approval, PBGC’s regulations require PBGC to give interested persons an opportunity to comment on the request. The purpose of this notice is to advise interested persons of the request and to solicit their views for it. For more information, see ¶138A.

(Read Intelliconnect) »

PBGC issues disaster relief for Kentucky

The Pension Benefit Guaranty Corporation (“PBGC”) is waiving certain penalties and extending certain deadlines in response to the Severe Storms, Tornadoes, Straight-Line Winds, Flooding and Mudslides that began on July 11, 2015, in Kentucky. For more information, see ¶19,996C-51.

(Read Intelliconnect) »

 

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