Q.- Do we have to pay a PCORI fee for our FSA by 7/31?
In a Western District of Michigan court case, an employer successfully held off a challenge by a former employee of failure to provide a COBRA notice. In Perkins v. Rock-Tenn Services, Inc. (W.E. Mich. 2016), the Plaintiff, Robin Perkins, claimed that her employer failed to notify her of her right to continue health coverage notice upon termination. The claim was part of a larger employment discrimination lawsuit. A copy of the court’s decision can be accessed here.
The IRS released a Notice of Proposed Rulemaking addressing the treatment of opt-out payments when determining affordability of health coverage. An opt-out payment is money an employee receives when declining coverage in an employer’s health plan.
The Internal Revenue Service, Office of Chief Counsel issued a memorandum confirming that an employer may not exclude from an employee’s gross income payments of cash rewards for participating in a wellness program.
Q.- We use the lookback method for determining ACA full-time status. We are hiring a new employee into a full-time position (he will definitely work over 30 hours per week). Should we offer him health coverage, or can we wait until he goes through a measurement period to offer health coverage?
An applicable large employer must offer minimum essential coverage providing minimum value to its full-time employees and their dependents. A full-time employee is an employee who works 30 or more hours per week (130 hours per month).
Q.- I know under health care reform, a large employer has to offer coverage to employees who work 30 hours or more per week. Does this mean we have to take away coverage if an employee works less than 30 hours in a week?
Last week, the Department of Labor, Department of Treasury, and the Pension Benefit Guaranty Corporation issued 777 pages of proposed changes to Form 5500. Form 5500 is an annual report required to be filed by retirement plans and certain health/welfare plans subject to ERISA. The Form 5500 discloses information about the financial condition and operation of the plan.
The IRS released revised draft 1094 and 1095 forms for the 2016 reporting year. Only a few changes were made to the 2015 versions.
Q.- Do we have to file Form 5500 for our health plan? We have only 52 employees.
In some cases, an employee may be entitled to compensation and disability coverage for a workplace incident even if the employee has a pre-existing condition contributing to the situation.
While BAS has transmitted all of its ACA clients’ 1094 Forms to the IRS, the Service recognizes that some employers may not have been as timely. Therefore, the IRS has announced that employers who missed the June 30, 2016 transmission deadline should continue to file when their forms are ready. Employers will not be penalized for late filings if they made “legitimate efforts” to register and file their ACA forms. To take advantage of this relief, employers still must file as soon as possible.