Understanding Employee Benefits

No More Pre-Tax Premiums for Individual Insurance Policies?

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Over the years we have seen some employers, particularly small employers, choose to provide health coverage to their employees by paying all or part of the premium for individual insurance policies that the employees have obtained. Under an old IRS revenue ruling, Rev. Rul. 61-146, that type of premium subsidy... Read More

Topics: Cafeteria Plans, Compensation Questions, Health Care Reform, Health Plan, Payroll, Welfare Plans

Federal Agencies Issue Guidance that Valid Same Sex Marriages Recognized for All Federal Tax Purposes

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On August 29, 2013, the Treasury Department and the Internal Revenue Service issued a public announcement and released Revenue Ruling 2013-17 wherein it answered a number of open questions concerning the impact of the U.S. Supreme Court Decision, United States v. Windsor. This is the case that overturned the federal... Read More

Topics: Cafeteria Plans, Health Plan, Retirement Plans

Supreme Court Strikes Down Federal Defense of Marriage Act – Open Questions for Benefit Plan Sponsors

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On June 26, 2013, in a 5-4 vote the U.S. Supreme Court ruled that the 1993 Defense of Marriage Act (DOMA) was unconstitutional as a violation of Fifth Amendment guarantees of equal protection and equal liberty. The case, United States v. Windsor No.12-307(US June 26, 2013)  http://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf dealt with the... Read More

Topics: Cafeteria Plans, ERISA and Other Benefits Litigation, Health Plan, Payroll, Retirement Plans, Welfare Plans

New Requirements for BAAs

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As many employers know, HIPAA rules require them to sign on behalf of their health plans Business Associate Agreements (BAAs) with the vendors who assist in plan administration. Many employers also know that earlier this year, the U.S. Department of Health and Human Services issued final regulations which will require... Read More

Topics: Cafeteria Plans, Health Plan

IRS Clarifies Medicare Premium Deductions for Sole Proprietors, Partners and S Corporation Shareholder-Employees

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Sole proprietors, partners (including LLC members) and two percent shareholders in an S corporation are not treated as “employees” for purposes of certain benefits. Among those benefits is employer provided health insurance coverage. While employer subsidies for health coverage are generally excluded from the income of employees, that is not... Read More

Topics: Cafeteria Plans, Health Plan, Payroll

HSA/HDHP Limits for 2013

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The IRS has released the 2013 limits for Health Savings Account (HSA) contributions. The annual contribution limit for 2013 increases to $3,250 for an individual with self only coverage and $6,450 for an individual with family coverage from $3,100 and $6,250, respectively for 2012. The minimum annual deductible for a qualifying... Read More

Topics: Cafeteria Plans, Health Plan