How ACA Affects Flex Credits

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 […]

ACA Employer Mandate and Outside Staffing Firms

Question:  How does the ACA employer mandate apply to workers hired through an outside staffing firm? Compliance Team Response: ACA Employer Mandate: Applies to Common-Law Employees The ACA employer mandate rules apply only to an employer’s common-law employees. ACA Employer Mandate: Workers Payrolled Through an Outside Staffing Firm Full-time workers hired through an outside staffing […]

Common Summer Intern Approaches Under the ACA

Question:  What are some common options for employers in deciding how and when to offer health plan coverage to summer interns? Compliance Team Response: ACA Employer Mandate General Rule: New Full-Time Hires The ACA employer mandate pay or play rules permit a standard limited non-assessment period for new full-time hires. That limited non-assessment period generally […]

IRS Releases 2020 Inflation Adjusted Amounts for HSAs

The IRS has released Revenue Procedure 2019-25 detailing the HSA contribution limit increases for 2020. The 2020 HSA contribution limit for individual coverage will increase by $50 to $3,550. The 2020 HSA contribution limit for family coverage (employee plus at least one dependent) will increase by $100 to $7,100. The catch-up contribution limit of $1,000 […]

Dependent Care FSA During Maternity Leave

Question:  Are an employee’s daycare/nanny costs eligible for reimbursement under the dependent care FSA when the employee’s spouse is a new birthing mother who is disabled while on maternity leave? Compliance Team Response:   Dependent Care Expenses Must be “Employment-Related” Employees’ dependent care expenses are eligible for reimbursement under the dependent care FSA only if […]

Dependent Care FSA During Summer Break

Question:  When are summer dependent care expenses reimbursable under the dependent care FSA? Compliance Team Response: Summer Day Camps: Eligible Expense Day camps for qualifying individuals (generally children under the age of 13) are eligible expenses.  These expenses qualify even if the camp specializes in a particular activity, such as computers or soccer. Important Timing […]

Current New Jersey Leave Laws

Current New Jersey Family Leave Act Employers with 50 or more employees anywhere worldwide must provide unpaid family and medical leave to employees who have been employed for 12 months and have worked at least 1,000 hours for the covered employer during the previous 12 months.  This is a job protected and benefits protected leave […]

ERISA Preemption of State Insurance Mandates

Question:  Are ERISA self-insured health plans required to provide coverage for state insurance mandates? Compliance Team Response: State insurance mandates do not apply to self-insured health plans subject to ERISA. For these purposes, “self-insured” refers to any plan option that is not fully insured.  For example, a level-funded plan is treated as a self-insured plan […]