Welcome to Compliance Friday Answers to the Service Team (FAST)!  Each Friday we publish our response to a question that the ABD Compliance Team received from a client or member of the EB Service Team.  These represent the most frequently asked (or interesting) questions we see.

We post all of our FAST responses on the ABD Blog site ( The titles below link directly to each post. The titles below link directly to each post, and here is the updated list for you to download also PDF: FAST Q4 Blog List by Category

We hope you enjoy this collection of our FAST responses!

Date Title
October 26, 2018 Becoming an ALE Subject to the ACA Employer Mandate
October 5, 2018 When to Appeal Covered California Employer Notices
September 21, 2018 MLR Rebates
June 1, 2018 Leave Rules under the ACA Look-Back Measurement Method
April 7, 2018 Opt-out Credits for Temps/Interns
March 30, 2018 Automatic Enrollment into Medical Plan
December 15, 2017 Part-Time to Full-Time Employees: When to Offer Coverage?
December 1, 2017 ACA Form W-2 Cost of Coverage Reporting
October 20, 2017 ACA Pay or Play Rules Applicability to Independent Contractors
September 22, 2017 New Hire Bona Fide Orientation Period Interaction with ACA Pay or Play
May 12, 2017 How the ACA Employer Mandate Pay or Play Rules Apply to Summer Interns
December 15, 2018 Terminating Health Benefits for Employees on Disability Leave
November 9, 2018 Open Enrollment Rights for FMLA Leaves and COBRA Participants
September 28, 2018 Failure to Timely Provide COBRA Election Notice
June 22, 2018 COBRA Disability Extension
May 18, 2018 Legal Separation vs. Divorce
August 18, 2017 COBRA Initial Notice Requirements
August 4, 2017 COBRA Merger and Acquisition Rules for Stock and Asset Deals
July 28, 2017 No Special Enrollment in Group Health Plan after COBRA Subsidy Ends
July 21, 2017 Health Plan Consequences of Late Employee Divorce Notification
July 7, 2017 Best Practices for COBRA Subsidies and COBRA Reimbursement Practices
June 23, 2017 Terminated Employees not Terminated from Coverage
June 16, 2017 Removal of Spouse from Health Plan in Anticipation of Divorce
April 14, 2017 USERRA Continuation Coverage and Heart Act FSA Distributions for Reservists
Domestic Partners
July 13, 2018 Tax Consequences of Domestic Partner Health Coverage
November 2, 2018 Form 5500 Small Plan Exemption
May 18, 2018 Legal Separation vs. Divorce
January 26, 2018 ERISA Preemption of State Court Orders
January 12, 2018 Distribution Timing Rules For SPDs and SMMs
November 3, 2017 Record Retention Best Practices for Employee Benefit Records
October 27, 2017 Spousal Surcharges and Incentives for Spouses Not to Participate
October 13, 2017 ERISA Electronic Disclosure Rules
April 7, 2017 Why Parents Not Eligible for Group Health Coverage
Fringe Benefits
July 20, 2018 Monthly Commuter Benefit Election Changes
May 4, 2018 Tuition Reimbursement Programs
March 23, 2018 Final Paycheck Issues
March 10, 2018 Uber and Lyft Qualification for Commuter Benefits
February 2, 2018 Bay Area Commuter Benefits Program
November 10, 2017 Tax-Free Bicycle Commuting Expense Reimbursement (Eliminated by TCJA)
April 28, 2017 Required Forfeiture of Commuter Benefits after Termination from Employment
October 12, 2018 HIPAA Notice of Privacy Practices
September 14, 2018 Documenting Prior Coverage after HIPAA Certs
July 6, 2018 HIPAA Privacy and Private Workspaces
January 19, 2018 HIPAA Special Enrollment Events
August 25, 2017 Infertility HRA Considerations
August 31, 2018 HSAs for Veterans
August 24, 2018 Excess HSA Contributions
August 17, 2018 Employee HSA Front Loading
August 10, 2018 Employer HSA Contributions During Protected Leave
August 3, 2018 Employee Fails to Establish HSA
June 15, 2018 HSA Limit for Partial-Year Family Coverage
April 13, 2018 Prior – Year HSA Contribution by Tax Deadline
March 16, 2018 HSA Eligibility and New State Male Contraception Mandates
January 5, 2018 HSA Nondiscrimination Rules (Section 125 or Comparability)
September 15, 2017 HSA Contribution Timing Requirements
March 24, 2017 How HSA Eligibility is Affected by an Employee’s or Spouse’s Health FSA
March 17, 2017 The HSA Last Month (Full Contribution) Rule for Mid-Year HDHP Enrollment
Leaves & PTO  
December 15, 2018 Terminating Health Benefits for Employees on Disability Leave
November 9, 2018 Open Enrollment Rights for FMLA Leaves and COBRA Participants
October 19, 2018 Late Health Plan Payments while on FMLA Leave
May 26, 2017 Health Benefits During Protected and Non-Protected Leaves of Absence
April 21, 2017 Unlimited PTO Policy Interaction with Disability Benefits
September 1, 2017 Medicare Considerations for Retiring Employees
August 11, 2017 MSP Prohibition of Incentives for Active Employees to Enroll in Medicare
June 9, 2017 Proceed with Caution Before Considering Board Member Health Plan Eligibility
Qualified Support Orders  
May 5, 2017 Qualified Medical Child Support Order (QMCSO) Enrollment Rules and Timing
Section 125 Health FSAs
December 21, 2018 Overspent Health FSA Upon Termination of Employment and Life Event
November 16, 2018 Health FSA $500 Carryover Conditioned on New Plan Year Election
June 29, 2018 Limited Purpose Health FSA Preventive Expenses
March 23, 2018 Final Paycheck Issues
February 23, 2018 No FSA Contributions from Bonus Payments
February 16, 2018 S Corporation Owners
September 8, 2017 Health FSA $2,600 Limit ($2,650 in 2018) for Mid-Year Hires and Short Plan Years
March 31, 2017 Merger and Acquisition Options for the Seller’s Health FSA
March 10, 2017 What Happens to an Employee’s Health FSA Upon Termination from Employment
Section 125 Dependent Care FSAs
June 8, 2018 Missing the Dependent Care FSA Run-Out Period
March 3, 2018 Dependent Care Spend Down Provision
February 9, 2018 Only HCEs Participating in the Dependent Care FSA
December 22, 2017 Dependent Care FSA for Part-time Work
November 17, 2017 Failing the Dependent Care FSA 55% Average Benefits Test
September 29, 2017 Dependent Care FSA Contributions in Excess of $5,000
June 2, 2017 The Section 125 “Doctrine of Mistake” for Mistaken Cafeteria Plan Elections
Section 125
December 7, 2018 Health Plan Eligibility for Legal Guardianship Children
November 30, 2018 Allowing Election Changes After Open Enrollment
September 7, 2018 Financial Hardship Election Change Requests
May 11, 2018 Section 125 Cafeteria Plan Document Effective Date
April 27, 2018 Changing the 30-Day New Hire Election Period
April 20, 2018 Benefit Administration Issue Causes Miss to Open Enrollment Deadline
March 23, 2018 Final Paycheck Issues
January 19, 2018 HIPAA Special Enrollment Events
December 29, 2017 Nondiscrimination Rules for Different Health Plan Contribution Structures
December 8, 2017 Mid-Year Changes to the Employee-Share of the Premium
October 6, 2017 Substantiation of Mid-Year Permitted Election Changes
June 30, 2017 Post- OE but Pre-Plan Year Election Changes
June 16, 2017 Removal of Spouse from Health Plan in Anticipation of Divorce
May 19, 2017 Three Primary Concerns When Considering a Mid-Year Enrollment Exception
April 14, 2017 USERRA Continuation Coverage and Heart Act FSA Distributions for Reservists
March 3, 2017 Section 125 Election Change Rules When Spouse Relocates In or Out of Country

State and Local Laws

May 25, 2018 Hawaii Health Plan Requirements for Employers


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