Question: What are some of the main compliance considerations for employers that are implementing a flex credit contribution approach? Compliance Team Response: Flex credits are a feature available under a Section 125 cafeteria plan for employers to provide a defined contribution amount that employees may allocate among various qualified benefits. Employers enjoy a considerable amount […]
On March 20, 2018 the United States Supreme Court issued a unanimous ruling in Cyan, Inc. v. Beaver County Employees Retirement Fund. In short, the ruling confirms that claims alleging violations under the Securities Act of 1933 (the ’33 Act) can continue to be brought in state court, and that such cases brought in state […]
Question: In this bonus season, an employee has requested additional dependent care FSA and commuter benefits deductions from his bonus. Is that permitted? Compliance Team Response: Section 125 Dependent Care FSA: No Contributions from Bonus Our recommendation is that the company not take additional dependent care FSA contributions from an employee’s bonus check. The Section […]
Question: What happens when the cafeteria plan nondiscrimination pre-test results show that only highly compensated employees (HCEs) have elected the dependent care FSA? Compliance Team Response: Unfortunately, there is no way to pass the nondiscrimination testing requirements for the dependent care FSA if only HCEs participate. The employees’ remaining contributions in the FSA will simply […]
Question: Can an employee reimburse day care expenses under the dependent care FSA if the employee (or spouse) is working part-time? Compliance Team Response: In general, work can be full-time or part-time to qualify—as long as the daycare expense enables to the individual to work. A day on which the individual works at […]
The Department of Industrial Relations has reported California’s 2016 occupational injury and illness data. Data collected by the U.S. Bureau of Labor Statistics’ Survey of Occupational Injuries and Illnesses showed California’s overall incidence rate was at the lowest it has been in over a decade, with a reported 3.7 cases per 100 full time workers. […]
Early this month, the House of Representatives passed the Financial Choice Act of 2017 (the “FCA”). This bill extensively amends the Dodd Frank Act that was enacted in 2010 after the financial crisis. It now goes to the Senate, where more debate and publicity will likely occur. The most significant change proposed in the FCA […]
2016 San Francisco HCSO Form Released If you are a San Francisco employer, you have an extra day to file your 2016 Health Care Security Ordinance (HCSO) Annual Reporting Form. Since April 30th falls on a Sunday, the due date for this filing is May 1, 2017. How do you know if you need to […]
What’s the number one most likely item to be addressed by the incoming Trump administration? There’s a good argument that it’s repealing and “replacing” the ACA. This means that our industry could very well be the most quickly and directly affected by the Trump agenda. Most of what’s yet to come is still a matter […]
For those who work with medical benefits, fall is an intensive time of year as open enrollment ramps up. Whether you are doing an active enrollment, complete with gatherings and power points, or taking an approach where employees come to you, strong preparation is key to success. Communication You already know that employees don’t like thinking about […]
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