ARTICLES
What are the consequences for an employer if it does not have a plan document for its health and welfare benefits?
August 27, 2008
The consequences for not having a Plan document may include:
- Increasing the number of Form 5500 filings;
- Forcing a court to determine the plan terms for employees;
- Having letters & company communications become the plan terms that would determine benefits for employees and their dependents, and
- Making fiduciaries liable for benefit breaches
Is there a small employer exception for complying with ERISA?
August 27, 2008
No. Virtually every private-sector employer is subject to ERISA – there is no size exemption. This includes corporations, partnerships, and sole proprietorships. In addition, non-profit organizations are covered as well. However, the plans of governmental employers and of churches are exempt from the application of ERISA Title I.
IRS NOTICES 2008-51 & 2008-52 EXPLANATION
August 18, 2008
The Internal Revenue Service (IRS) released IRS Notices 2008-51 and 2008-52 on June 4, 2008. These notices clarify the changes made by the Tax Relief and Health Care Act of 2006 for rolling over IRA funds to an HSA and for the new annual HSA contribution limit. The following will first review the rules and then explain what items have been clarified… Download the whole document here
THINGS YOUR MOTHER NEVER TOLD YOU ABOUT HSAs
August 18, 2008
Health Savings Accounts (HSAs) are individual-owned accounts that were created by the Medicare Prescription Drug, Improvement and Modernization Act of 2003. Used in conjunction with a High Deductible Health Plan (HDHP) they are designed to help individuals save and pay for qualified health expenses on a tax-free basis… Download the whole document here
AN EMPLOYER’S GUIDE TO HEALTH SAVINGS ACCOUNTS (HSAs)
August 18, 2008
The following provides you, as an employer, with information about Health Savings Accounts (“HSAs”) under Internal Revenue Code (Code) Section 223. You should read this explanation to evaluate whether HSAs may be used either as an alternative to, or in addition to, health flexible spending accounts (Health FSAs) under Code Section 125 or Health Reimbursement Arrangements (“HRAs”) under Code Section 105(h).
To fully understand the requirements…. Download the whole document here