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Legislative Updates

LEGISLATION
Legislation Updates
MA Healthcare Reform
ARRA of 2009 COBRA
MA Privacy Law
Health Care Reform

CHIP Model Notice Released by Department of Labor

The Department of Labor has released the Model Employer CHIP Model Notice.  This is an annual notice, and the initial notice for any group plan renewing between February 4 and April 30, 2010 is required to be provided to employees by May 1, 2010.  Read more


 

Health Care Cost Trends Public Hearing Notice

The Division of Health Care Finance and Policy will convene hearings on health care cost trends beginning Tuesday, March 16. Subsequent hearings are expected to continue through March 31. Please follow this link to read the public hearing notice, find out about location information, and learn how you can submit written testimony.

 


 

US Department of Labor Issues Final Safe Harbor Rule on Employee Contributions to Small Pension and Welfare Plans

WASHINGTON - January 13, 2010 - The U.S. Department of Labor announced the publication of a final rule to protect employee contributions deposited to small pension and welfare benefit plans with fewer than 100 participants by providing a safe harbor period of seven business days following receipt or withholding by employers.

"This rule will give employers greater clarity in remitting participant contributions to small pension and welfare plans in a timely manner," said Phyllis C. Borzi, assistant secretary of labor for the department's Employee Benefits Security Administration. "We estimate participant accounts could grow by $19 to $44 million as a result of these rules." 
Read more


Small Business Health Insurance

There are several important regulatory hearings and meetings regarding small business health insurance that will be occurring in the upcoming weeks that will be of interest to small businesses in Massachusetts and their employees:

T
he Governor previously directed members of his cabinet to investigate potential solutions to escalating premiums. The recommendations, compiled by the secretaries of Housing and Economic Development, Health and Human Services and Administration and Finance, consisted of many initiatives.

Additionally, the Joint Committee on Financial Services will be holding a hearing on SB 2170: An Act Relative to an Affordable Health Plan, which was introduced by Senator Richard Moore, on Monday, November 2, 2009 at 2:00PM at the State House, Room B-1.

Click here for more information.



IRS Issues Pension Plan Limitations for 2010

The Internal Revenue Service (IRS) announced cost-of-living adjustments for pension plans for the 2010 tax year. For the most part, dollar limitations on benefits and contributions under qualified retirement plans will remain unchanged in 2010.  Read more


  

2010 Social Security and Supplemental Security Income Benefits

With consumer prices down over the past year, monthly Social Security and Supplemental Security Income benefits for more than 57 million Americans will not automatically increase in 2010.  This will be the first year without an automatic Cost-of-Living Adjustment (COLA) since they went into effect in 1975.

The Social Security Act provides that Social Security and Supplemental Security Income benefits increase automatically each year if there is an increase in the Bureau of Labor Statistics' Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) from the third quarter of the last year to the third quarter of the current year.  This year there was no increase in the CPI-W from the third quarter of 2008 to the third quarter of 2009.  In addition, because there was no increase in the CPI-W this year, under the law the starting point for determinations regarding a possible 2011 COLA will remain the third quarter of 2008.

Some other changes that would normally take effect in January 2010 based on the increase in average wages also will not take effect, even though average wages did increase.  Since there is no COLA, the statute prohibits an increase in the maximum amount of earnings subject to the Social Security tax as well as the retirement earnings test exempt amounts.  These amounts will remain unchanged in 2010.  Download the fact sheet that provides more information on 2010 Social Security changes.


Compliance Alert - Medicare Part D and Massachusetts Fair Share Reporting

Medicare Part D
The Medicare Modernization Act (MMA) mandates that certain entities offering prescription drug coverage, including group health plan sponsors, must disclose to all Medicare eligible individuals with prescription drug coverage under the plan whether such coverage is creditable. The MMA also imposes a late enrollment penalty on individuals who do not maintain creditable coverage for any period of 63 days or longer following their initial enrollment period for the Medicare prescription drug benefit. This information is a key factor in retirees’ decision about whether to enroll in a Part D plan. Therefore, it is important that plan sponsors provide this information and communicate effectively with retirees to ensure that the retirees make informed and timely enrollment decisions. 
Read more


New IRS Rulings Expand Employees Ability to Save

The IRS released several pieces of guidance on September 8th designed to boost tax incentives for retirement savings. The initiatives include expanded opportunities for automatic enrollment in 401(k) plans, vehicles for taxpayers to save their tax refunds and convert accrued vacation time into savings, and better explanations of the available options for taxpayers receiving rollover distributions from Roth and non-Roth employer plans.  Read more


  

Gov Deval Patrick has issued a Proclamation declaring September as Life Insurance Awareness Month!   

A direct link announcing this is on the Naifa website at www.naifamass.org


IRS Releases HSA Final Regulations

The Internal Revenue Service released final regulations providing guidance on employer comparable contributions to health savings accounts (HSA) and requirements for reporting and paying excise tax. The regulations affect employers that contribute to employee HSAs and Archer Medical Savings Accounts (MSAs), employers or employee organizations that sponsor a group health plan, third parties such as insurance companies or health maintenance organizations (HMOs) or third-party administrators who provide benefits under the plan.

The regulations are effective September 8, 2009.


Minimum Wage Increase

The U.S. Department of Labor’s Wage and Hour Division reminds employers and employees that the federal minimum wage increases to $7.25 on Friday, July 24, 2009.  With this change, employees who are covered by the federal Fair Labor Standards Act will be entitled to be paid no less than $7.25 per hour.  This increase is the last of three provided by the enactment of the Fair Minimum Wage Act of 2007.  A revised Federal minimum wage poster is now available for viewing, downloading, and posting.  Every employer of employees subject to the Fair Labor Standard Act’s minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments so as to permit employees to readily read it.


DOI Guidance on COBRA Premium Assistance for Eligible Beneficiaries

Bulletin 2009-09 was released by the Division of Insurance with guidance on the recent change to Massachusetts law creating an extended election period for qualified beneficiaries who are eligible for COBRA premium assistance under MA mini-COBRA small group continuation coverage. This law became effective on an emergency basis on July 2, 2009 (see my July 6, 2009 email to you briefly summarizing section 41 of Senate Bill 2101, Chapter 30 of the Acts of 2009).

Written notice of the extended election period must be sent to eligible qualified beneficiaries by August 31, 2009. Note that carriers may delegate responsibility for issuing the notice to the small employer or insurance intermediary.

The election period will last 60 days measured from the postmark on the letter transmitting the notice. Actual COBRA coverage is prospective – beginning on the first coverage period after the coverage is elected.


 

Form 5500 Electronic Filing Requirement

Beginning with the 2009 plan year, the Department of Labor will require retirement and welfare plans to file their annual reports (Form 5500) electronically. There will no longer be the option to file paper forms. All forms MUST be filed electronically, and the system designed by DOL to handle these filings is a completely new (and untested) system that is supposed to be operational as of January 1, 2010.

If you provide assistance to clients in filing their Form 5500, you must familiarize yourself with the new filing requirements. The Form 5500 series is a required filing for almost all retirement plans, but you should be aware that welfare plans (including health insurance programs) that have 100 participants or more are also generally subject to the filing requirement.

Instructions and frequently asked questions are available through Department of Labor/Employee Benefits Security Administration (DOL/EBSA) webcasts at www.dol.gov/ebsa/


House Committe Approves Bill to Require Disclosure of Hidden 401(k) Fees
Bill also prevents conflicted investment advice and provides funding relief to pension plans

June 24, 2009 2:44 PM
WASHINGTON, D.C. – American workers would receive clear and complete information about fees that could be cutting deeply into their 401(k)-style retirement savings under legislation approved today by the House Education and Labor Committee.  Read more



The IRS recently announced the 2010 inflation adjusted amounts for Health Savings Accounts (HSAs) as determined under § 223 of the Internal Revenue Code.  May 2009

Annual contribution limitation. For calendar year 2010, the annual limitation on deductions under § 223(b)(2)(A) for an individual with self-only coverage under a high deductible health plan is $3,050. For calendar year 2010, the annual limitation on deductions under § 223(b)(2)(B) for an individual with family coverage under a high deductible health plan is $6,150.

High deductible health plan. For calendar year 2010, a “high deductible health plan” is defined under § 223(c)(2)(A) as a health plan with an annual deductible that is not less than $1,200 for self-only coverage or $2,400 for family coverage, and the annual out-of-pocket expenses (deductibles, co-payments, and other amounts, but not premiums) do not exceed $5,950 for self-only coverage or $11,900 for family coverage


CMS Issues Revised Guidance and Model Disclosure Notices for Part D Eligible Individuals for Use After January 1, 2009

CMS ISSUES REVISED GUIDANCE AND MODEL DISCLOSURE NOTICES FOR PART D ELIGIBLE INDIVIDUALS FOR USE AFTER JANUARY 1, 2009

[Creditable Coverage Guidance and Model Disclosure Notices to be used after January 1, 2009 (Jan. 5, 2009)] For copies:

CMS has posted on its website revised guidance and model disclosure notices that are to be provided to Medicare Part D eligible individuals after January 1, 2009. The revisions reflect CMS's decision to eliminate one of the three model disclosure notices that previously had been made available--the model personalized disclosure notice--and to move the personalized information from this notice into the model creditable and non-creditable coverage disclosure notices. The revised guidance replaces an earlier document that was issued in 2007 .

 While no other changes have been made to the substance of the remaining two model notices, they each now include an optional insert that can be completed in order to provide a personalized disclosure notice.

(Individuals may use personalized disclosure notices to demonstrate proof of prior creditable coverage when enrolling in a Part D plan.) The revised guidance recommends that this insert be completed if an individual requests a copy of a disclosure notice. In the alternative, however, a personalized statement of creditable coverage can be provided that contains the elements specified in the revised guidance.


San Francisco Health Ordinance - January 2009 HCSO Update

Expenditure Rates for 2009
Beginning January 1, 2009, the health care expenditure rate for employers with 20 to 99 employees is $1.23 per hour; for employers with 100 or more employees, the rate is $1.85 per hour.

Please note that 2008 expenditures should be calculated using the 2008 rate; in other words, employers should begin using the 2009 rate to calculate the minimum expenditure for the first quarter of 2009 (which would include hours paid from January 1, 2009 through March 31, 2009). 
Read more


New Jersey Family Leave Act  (Effective January 1, 2009)

NEW JERSEY FAMILY LEAVE ACT (N.J.S.A. Title 34:11B-1 to 16.) is administered by the NJ Division of Civil Rights, Department of Law & Public Safety.

This law provides the employee 12 weeks off from work in any period of 24 months in case of birth or adoption of child, or a serious illness of a parent, child or spouse. Employee may take leave intermittently for a family member with a serious health condition when medically necessary or, in the case of birth or adoption of a healthy child, when agreed to by employer and employee.

Coordination of FLA and FMLA Benefits in New Jersey
Coordination of these benefits may sometimes enable an employee to take more than 12 weeks of job protected leave in a 12 month period where the employee qualifies for both own medical leave under FMLA and family leave under FLA

  • Any New Jersey employer with 50 employees or more worldwide, including governmental agencies AND an employee that has worked at least 1,000 hours in the previous 12 months.
  • Salaried employees who are highest paid 5%, or seven highest paid employees.
  • The law provides for unpaid leave, but employers may require that the employee use certain paid leave for this period.
  • Birth or adoption of child.
  • Serious illness of parent or child (step child, legal ward), parent (step parent or parent-in-law), or spouse.
  • Cannot be used for employee’s own serious health condition.

For the duration of the leave, the employee has job protection and maintains health care and benefits under the same terms as if he/she were working.

The employer must notify employees that medical certification is required and when it is due. In case of birth or adoption, employee must notify employer at least 30 days in advance or 15 days in advance for other planned leave. For unforeseen leave, employer can request certification when leave commences.

An employer cannot interfere, restrain, discriminate or deny the exercise of an employee’s rights under this law. Penalties imposed by the Division of Civil Rights range from $2,000 to $5,000 dollars. In addition, an employee who is denied benefits can sue the employer directly to recover compensatory damages. BENEFITS THIS LAW COVERS: • THIS LAW EXCLUDES: PAID OR UNPAID CONDITIONS COVERED: • • • JOB BENEFITS AND PROTECTION NOTIFICATION AND CERTIFICATION UNLAWFUL ACTS AND PENALTIES

The Longfellow team acts as a true benefits partner, always taking the time that is needed to understand our business goals and challenges. In the end, we find that Longfellow delivers creative solutions that work, enhancing our benefits program and the firm overall.

- Joseph F. Tower, CFO
Lee Munder Capital Group