Federal Government Links

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Model COBRA Notice Updated for ACA

The DOL has provided a revised model COBRA Notice for use by single employer health plans. The new model includes language to make beneficiaries aware of alternative coverage available through ACA’s marketplaces.

Model Notice of Coverage Options for Employers Who Do Not Offer Health Care Benefits

The DOL provides a model notice of coverage options for employers who do not offer health care benefits to let employees know about the availability of insurance exchanges, or marketplaces. The notice is in Q/A format and includes a form employees who want to buy insurance through an exchange must complete.

Model Notice of Coverage Options for Employers Who Offer Health Care Benefits

The DOL provides a model notice of coverage options for employers who offer health care benefits, as mandated under the Affordable Care Act, to let employees know about the availability of insurance exchanges, or marketplaces. The notice is in Q/A format. It includes a form that employees who want to buy insurance through an exchange must complete.

Guidance on the Notice to Employees of Marketplace Coverage Options

The Department of Labor issued this May 8, 2013, Technical Release to provide background and instructions on employers’ responsibility to notify employees of healthcare coverage options available through state exchanges or “marketplaces.”

DOL/EBSA Lifetime Income Calculator

This page on the DOL/EBSA website provides an overview, instructions and an explanation of results in connection with the Lifetime Income Calulator the Department developed in conjunction with its May 7 advance notice of proposed rulemaking. The notice focuses on retirement income projections for defined contribution plan participants.

DOL Fact Sheet - Lifetime Income Illustration

The DOL/EBSA published this May 7, 2013, advance notice of proposed rulemaking regarding lifetime income projections for defined contribution plan participants. The Fact Sheet discusses assumptions and safe harbors plan administrators can use to develop the projections.  Comments are due by July 8, 2013.

Updated Completed Summary of Benefits and Coverage (SBC)

The DOL provides a completed example of the revised SBC, which includes information on minimum essential coverage and minimum value of the plan’s benefits.

Updated Template for Summary of Benefits and Coverage (SBC) Document

The DOL has provided this template that updates information to be included on the SBC. The new information in the revised template relates to minimum essential coverage and minimum value of the plan’s benefits.

Affordable Care Act - FAQ #14

This set of frequently asked questions on the DOL website covers updates to the Summary of Benefits and Coverage (SBC) that include information on minimum essential coverage and minimum value of the plan’s benefits.

DOL Self-Compliance Tool for ERISA Part 7 - Affordable Care Act

This self-compliance tool provides an informal explanation of the statutes and the most recent regulations and interpretations and includes citations to the underlying legal provisions.

DOL Self-Compliance Tool for ERISA Part 7 - HIPAA

This self-compliance tool issued by the DOL is useful for group health plans, plan sponsors, plan administrators, health insurance issuers, and other parties to etermine whether a group health plan is in compliance with some of the provisions of Part 7 of ERISA.

Affordable Care Act - FAQ #13

This set of frequently asked question (FAQ) clarifies the extent expatriate group health insurance coverage is subject to the provisions of the Patient Protection and Affordable Care Act.

Amendments to FMLA Covering Military Families and Airline Flight Crews

This page on the DOL website provides an overview of the February 2013 amendments to the FMLA affecting military families and airline flight crews.  Included are links to fact sheets and to form templates.

TDF Tips for Fiduciaries from EBSA/DOL

The Employee Benefits Security Administration has issued a brief, three-page document with general guidelines for plan sponsors with respect to selecting and monitoring target date funds.

Essential Health Benefits, Cost-Sharing and Actuarial Value

This issue of Buck Consultant’s FYI provides analysis of recently issued guidelines on essential health benefits and cost-sharing requirements.

Essential Health Benefits: Fact Sheet

The Department of Health and Human Services issued final rules on February 20, 2013, outlining standards for coverage of essential health benefits (EHB) and the determination of actuarial value (AV). This fact sheet provides an overview.

IRS February 2013 Employee Plan News

This is the February 2013 edition of a periodic newsletter the IRS publishes. In this issue is information on how new revenue correction procedures affect 403(b) plans, updates on compliance projects and more.

IRS February 2013 Employee Plan News

This is the February 2013 edition of a periodic newsletter the IRS publishes. In this issue is information on how new revenue correction procedures affect 403(b) plans, updates on compliance projects and more.

Affordable Care Act - FAQ #11

This set of FAQs on the DOL website addresses the employer notice of coverage options, health reimbursement arrangements, disclosure of information related to firearms, employer group waiver plans supplementing Medicare Part D, fixed indemnity insurance and payment of PCORI fees.

Fact Sheet: Caring for a Disabled Adult Child Under FMLA

This page on the DOL website contains general information on caring for a disabled adult child under FMLA.

DHHS Sample Business Associate Agreement Provisions for PHI Provisions of HIPAA

The Department of Health and Human Services has issued sample business associate agreement provisions in conjunction with protected health information (PHI) under HIPAA.

Summary of HIPAA Privacy Rule

This link on the Department of Health and Human Services website provides a summary of the HIPAA privacy rule.

IRS Chart of Significant Changes to EPCRS

This chart on the IRS website lists changes to the Employee Plans Compliance Resolution System introduced by Rev. Proc, 2013-12. It identifies the sections where they are to be found and describes the change from prior procedures.

IRS Updates Error Correction Program for Retirement Plans

The new procedure updates and expands the Employee Plans Compliance Resolution System (EPCRS), the comprehensive system of correction programs for sponsors of retirement plans that have failed to meet one or more requirements of the Internal Revenue Code.

Q&A on Employer Shared Responsibility Provisions Under the Affordable Care Act

This page on the IRS website is arranged in Q&A format to answer common questions about the shared responsibility provisions for employers that take effect in 2014.

Fact Sheet - The Affordable Care Act and Wellness Programs

The Department of Labor has provided this Fact Sheet on ACA’s incentives to promote workplace wellness programs.

A Review of the Workplace Wellness Market

This study of employer-sponsored wellness programs was prepared for the Department of Health and Human Services and the Department of Labor in conjunction with provisions under ACA that expand the use of incentives in nondiscriminatory programs. It is based on a review of the current literature on the topic and summarizes typical program components, the prevalence of wellness programs among employers and their impact, and the use and effect of financial incentives in these programs.

HHS Fact Sheet - Proposed Rules on Essential Health Benefits and Actuarial Value of Benefits

This fact sheet was published in conjunction with proposed rules outlining health insurance issuer standards related to the coverage of essential health benefits (EHB) and the determination of actuarial value (AV) of benefits provided.

FAQ - ACA’s Transitional Reinsurance Program

The IRS has published frequently asked questions in connection with the transitional reinsurance program that is part of the Affordable Care Act. This three-year program (2014-2016) assesses a per participant fee on fully insured and self-insured plans to support payments to individual market issuers that cover high-cost individuals.

The Affordable Care Act’s Early Retiree Reinsurance Program

This page on the federal government’s website is devoted entirely to the Early Retiree Reinsurance Program (ERRP), a component of the Affordable Care Act that provides reimbursement to participating employer-based plans for a portion of cost of coverage for early retirees, their dependents and beneficiaries.

Guide to Common Qualified Retirement Plan Requirements

This page on the IRS website, updated in October, 2012,  lists some of the more important retirement plan requirements to ensure that employer-sponsored plans maintain their qualified status under IRS rules.

IRS 401(k) Resource Guide - Filing Requirements

This page on the IRS website provides a checklist of when various 401(k) Plan filings are due. It also provides links to the forms listed.

2013 Retirement Plan Contribution Limits

This table on the IRS web site lays out the 2013 contribution limits for qualified retirement plans.

Affordable Care Act - FAQ #10

FAQ #10 provides additional clarification on the implementation of the summary of benefits and coverage (SBC) for Medicare Advantage Plans.

Participant Fee Disclosure – Clarification on Brokerage Windows

On July 30, 2012, EBSA issued Field Assistance Bulletin 2012-02R to clarify the fee disclosures that are required for investments participants make brokerage windows. The Department’s original guidance, issued in May, caused an uproar among professionals in the retirement industry and plan sponsors who complained the disclosures were needlessly burdensome and would overwhelm participants. The Bulletin is in a Q&A format; question number 13 addresses this specific issue.

Participant Fees and Expense Disclosure - Model Comparative Chart

The DOL/EBSA has prepared a model that plan sponsors can use to develop a comparison chart of plan investments and fees for 401(k) plan participants.

Participant-Level Retirement Plan Fee Disclosure - Final Rules

This EBSA Fact Sheet summarizes the fee information to be disclosed to participants in 401(k) and other participant-directed employer-sponsored retirement plans.

Before It’s Too Late - A Retirement Security Update

EBSA’s bi-weekly online publication by Assistant Secretary of Labor Phyllis Borzi. The newsletter highlights current issues in employer-sponsored retirement plans.

May 14, 2012 Issue - Before It’s Too Late - A Retirement Security Update

This inaugural email by the head of EBSA, Phyllis Borzi, is a bi-weekly publication that highlights the DOL’s efforts to raise awareness of the need for retirement security. Links within the email give access to EBRI’s 2012 Retirement Confidence Survey and information on EBSA’s public forums on retirement security being offered around the country.

Participant-Level Retirement Plan Fee Disclosure Regulation - FAQs

This Field Assistance Bulletin (No. 2012-02) from Department of Labor’s Employee Benefits Security Administration contains frequently asked questions and answers about the Department’s participant-level fee disclosure regulation (29 CFR § 2550.404a-5). It also answers questions about related plan-level disclosures under 408(b)(2).

Affordable Care Act - FAQ #9 - Summary of Benefits Coverage

This set of FAQs covers implementation of ACA’s summary of benefits and coverage (SBC) provisions.  This topic is also covered by FAQs #8 and #10.

IRS Employee Plans News - March 2012

The March 2012 issue has articles on new guidance encouraging plans to offer lifetime income options, an update on the Determination Letter Program, the IRS’ 401(k) plan projects and other employer plan-related topics.

FMLA – Fact Sheet on Proposed Rulemaking Affecting Military Families and Flight Crews

This DOL Fact Sheet outlines the major provisions of the changes and also includes a link to the Proposed Rule Website which has deadlines and procedures for submitting comments.

HHS Resources for Creating a Summary of Benefits and Coverage

This page on the HHS website provides access to a whole host of additional information for preparing a Summary of Benefits Coverage. Included are links to instructions and guides for the sample benefit calculations for common scenarios that are a requirement of the regulations.

EBSA -  Fee Disclosure Failure Notice

This page on the EBSA website outlines action a plan sponsor can take to avoid a prohibited transaction when a plan service provider fails to disclose fee information it is required to under 408(b)(2). The page contains a link to a model notice of covered service provider’s failure to comply as well as links to a 408(b)(2) Fact Sheet and Final Regulations.

EBSA -  Model 401(k) Plan Fee Disclosure Form for Plan Sponsors

This 11-page model 401(k) fee disclosure form helps plan sponsors identify all of the fees associated with their retirement plans. A glossary is included to help clarify terms.

EBSA – Understanding Retirement Plan Fees and Expense

EBSA has provided an easy-to-read article for retirement plan sponsors on its website in conjunction with the February 2012 publication of 408(b)2 plan-level fee disclosures. The article includes explanations of the major categories of plan fees as well as basic information on investment fees. There are also links to several other supporting publications, most notably a link to a model 401(k) plan fee disclosure form.

EBSA – Final 408(b)(2) Plan-Level Fee Disclosure Rules

EBSA published the final rules covering 408(b)(2) plan-level fee disclosure rules in the Federal Register on February 3, 2012. The full text is available below in PDF format.

IRS - Interim Report on 401(k) Compliance Check Questionnaire

This Interim Report from the IRS summarizes the responses from approximately 1,200 randomly selected sponsors of 401(k) plans. The plan sponsors completed an online questionnaire designed to measure the overall compliance levels among 401(k) plans, evaluate the effectiveness of IRS voluntary compliance programs and determine how the IRS can foster greater compliance.

EBSA - SBC Instruction Guide for Group Plans

EBSA developed this guide to assist employers in the completion of their Summary of Benefits and Coverage (SBC) based on the SBC Template.

EBSA - Summary of Benefits and Coverage - Final Regulations

EBSA published the final regulations covering the Summary of Benefits and Coverage mandated by PPACA to be made available to all healthcare plan participants.

EBSA - Summary of Benefits and Coverage - Compliance Guidance

EBSA has provided this document to guide employers on compliance with providing a Summary of Benefits and Coverage to all healthcare plan participants as mandated by PPACA.

EBSA - Detail of Changes to Final 408(b)(2) Fee Disclosure Rule

The DOL’s EBSA has provided information detailing the changes made to the interim 408(b)(2) fee disclosure rule that was published in July, 2010.

EBSA Fact Sheet – Final Rule on 408(b)(2) Fee Disclosure Rule

The DOL’s EBSA has created a Fact Sheet summarizing the service provider fee disclosure requirements. The deadline for implementation was pushed back from April 1, 2012, to July 1, 2012.

EBSA - Sample Completed Summary of Benefits and Coverage

The DOL’s EBSA has provided a sample completed Summary of Benefits and Coverage (SBC) using the template the agency developed. The SBC is the four-page summary mandated by the Patient Protection and Affordable Care Act.

EBSA - Template for PPACA’s Summary of Benefits and Coverage

The DOL’s EBSA has provided a template for the Summary of Benefits and Coverage mandated under the Patient Protection and Affordable Care Act.

IRS Fall 2011 Retirement Plan Newsletter - Employers

The Fall edition of this IRS newsletter has articles on 2012 salary deferral contributions, paying retirement benefits and an update on the IRS’s 401(k) Compliance Check Questionnaire Project.

IRS Employee Plans Newsletter - December 2011

This issue of the IRS Employee Plans Newsletter outlines significant changes to the Employee Plans Determination Letter Program and also provides a cumulative list of changes in plan qualification requirements for 2011.

IRS Employee Plans Newsletter - October 2011

This issue of the IRS Employee Plans Newsletters contains a number of articles of interest to employers, including a 2011-2012 Priority Guidance Plan.

IRS Summer 2011 Retirement Plan Newsletter - Employers

The IRS’ summer 2011 newsletter for employers who sponsor retirement plans contains articles on avoiding and correcting compensation errors in retirement plans and on withholding federal income tax on plan distribution.  The newsletter also contains useful links to IRS educational materials for plan sponsors as well as links to the DOL/EBSA website.

Uniform Glossary of Health Insurance and Medical Terms

This DOL/EBSA website has created a four-page glossary of health insurance and medical terms as a companion to the Summary of Benefits Coverage that must be provided to all plan participants under PPACA.

Summary of Benefits and Coverage - Sample Completed Template

This DOL/EBSA link provides a look at a sample completed Summary of Benefits and Coverage form.

Summary of Benefits and Coverage Template

This DOL/EBSA link provides a look at the department’s proposed template for the Summary of Benefits and Coverage required under PPACA.

HHS Fact Sheet on Proposed Regulations on Summary of Benefits and Coverage; Uniform Glossary of Term

The HHS has released a Fact Sheet on rules under the Affordable Care Act provisions that would ensure consumers have access to two forms that will help them understand and evaluate their health insurance choices:  an easy-to-understand Summary of Benefits and Coverage; and a uniform glossary of terms commonly used in health insurance coverage.

Form 5500 – Summary of 2008 Data – December 2010

This report is the most recent for which plan data is available.  Total assets held in retirement and pension plans decreased by $1.4 trillion, 23%, in 2008. Assets in 401(k) plans declined by 25.2%, from $3 trillion in 2007 to $2.2 trillion in 2008.

Affordable Care Act — FAQ #5 and Mental Health Parity

This fifth set of frequently asked questions about the ACA also includes information on the Mental Health Parity and Addiction Act of 2008.

Recommended Preventive Services Under the ACA

The ACA requires new plans and issuers to cover certain preventive services without any cost-sharing for the enrollee when delivered by in-network providers.  Interim final regulations, issued in July 2010, do not apply to grandfathered plans and issuers.  This website provides links to the items and services that must be covered under the interim final regulation.

Raising the Retirement Ages Would Have Implications for Older Workers and SSA Disability Rolls

This report from the U.S. Government Accountability Office discusses the impact proposed changes to early and full retirement age would have on workers. In particular, the report cites the likely affect that raising the age would have on the number of people applying for and receiving disability insurance because of the health or physical challenges they face.

Proposed Rule on Annual Funding Notice for DB Plans

In November 2010, the DOL published a proposed rule in the Federal Register for annual funding notices required under ERISA. The proposed rule discusses the funding notices that all DB plan administrators must furnish to the PBGC, participants and beneficiaries.

Listing of EBSA Final Regulations Published in the Federal Register

This webpage lists Final Regulations issued by EBSA in the Federal Register. The list is arranged by year, starting with the most recent publications and dating back to 1998.

Affordable Care Act - DOL/EBSA Web Page

This page on the DOL/EBSA website provides links to guidance, regulations, Fact Sheets and Model Notices for provisions of the Patient Protection and Affordable Care Act that are of particular interest to employers. Among the topics for which links are provided are grandfathered status, external review, coverage of preventive care, extension of coverage to adult children, preexisting condition exclusions, lifetime and annual limits, rescissions, patient protections and early retiree reinsurance. The page also provides links to related websites.

Interim Final Rules—Coverage of Preventive Services Under ACA

This link to the Federal Register provides the text of the interim final rules for group health plans and health insurance issuers regarding the coverage of preventive services under the Patient Protection and Affordable Care Act. The publication also includes a request for comments.

Fact Sheet—EBSA’s Contributory Plans Criminal Project

This Fact Sheet provides background information on EBSA’s Contributory Plans Criminal Project (CPCP) to combat criminal abuse of contributory health care and retirement benefit plans. The Fact Sheet also discusses enforcement actions and recent criminal prosecutions.

Fact Sheet – Medical Loss Ratio

This November 2010 HHS online publication summarizes provisions in the Affordable Care Act that limit the percentage of insurance premiums that can be used to pay for administrative expenses beginning in 2011. The law requires insurance companies in the individual and small group markets to spend at least 80 percent of the premium dollars they collect on medical care and quality improvement activities.  Insurance companies in the large group market must spend at least 85 percent of premium dollars on medical care and quality improvement activities.

Final Rule to Improve Transparency of Fees and Expenses to 401(k) Participants

This is the published version of the DOL’s final rule regarding fee and expense disclosure at the participant level.

IRS Employee Plans Focus - 2011

This online publication by the IRS spells out the agency’s seven operating priorities in its 2011 Work Plan.

Fact Sheet – Amendment to Regulations on Grandfathered Status

This November 2010 HHS publication is a brief synopsis of the amendment of earlier regulations whereby group health plans will be allowed to switch insurance companies and shop for the same coverage at a lower cost while maintaining their grandfathered status, so long as the structure of the coverage doesn’t violate one of the other rules for maintaining grandfathered plan status.

Amendment to Interim Final Regs on Grandfathered Status for Health Plans Under ACA

The modification published November 17, 2010, and linked below states that a group health plan does not lose its grandfathered status merely because the plan (or its sponsor) enters into a new policy, certificate, or contract of insurance after March 23, 2010.

Early Retiree Reinsurance Program Under the ACA

This link provides information on the Early Retiree Reinsurance Program as well as a full, alphabetical list of participating companies and an interactive state map displaying participating organizations.

Q&A on Title II of GINA for Small Businesses

The EEOC provides this online guide to compliance with Title II of GINA for small businesses in a question and answer format.

GINA - Background on EEOC’s Final Rule on Title II

This link to the EEOC’s website provides background information on Title II of GINA and includes a Q&A format that addresses such questions as “Who must comply with Title II of GINA?”

GINA - Final Regulations

On November 9, 2010, the EEOC published a final rule in the Federal Register to implement Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA).

Genetic Information Discrimination – EEOC

This EEOC link discusses the prohibition against using genetic information under the Genetic Information Nondiscrimination Act of 2008 (GINA) to discriminate against employees and applicants.

Affordable Care Act — FAQ #4

This is the fourth set of frequently asked questions that the Department of Labor’s EBSA has available on its website.

COLA Increases for Dollar Limitations on Retirement Benefits and Contributions

The IRS table of cost-of-living adjustments applicable to dollar limitations for pension plans and other items for tax year 2012.

Lifetime Income Options Joint Hearing - Videos

DOL/EBSA has a recording of the webcast of the Lifetime Income Options Joint Hearing from September 14, 2010.  This link enables you to select the portion of the webcast that interests you.

Form 5500 – Historical Tables – 1975-2007 – June 2010

This report provides year-over-year data collected from Forms 5500, beginning as early as 1975.

Form 5500 – Summary of 2007 Data – June 2010

This report summarizes the 2007 data collected from the Forms 5500 for all ERISA-covered retirement plans.

Health and Retirement Plan Publications and Reports

This is a list of publications and reports on the DOL/EBSA website dealing with benefits at the individual consumer level as well as at the plan level.

Public Comments on Newly Issued Laws and Regulations

This is an index to public comments on newly enacted legislation and recently issued regulations surrounding employee benefits.

Frequently Asked Questions (FAQ)  – Health and Retirement Benefits

This is an index to all of the web pages the DOL/EBSA devotes to benefits questions (health and retirement) from the individual consumer perspective as well as at the plan level.

COBRA – Updated Model Notices for Continuation Coverage Assistance under ARRA

The EBSA has posted updated model notices for employees and beneficiaries covered under the ARRA continuation coverage assistance program. These models reflect the Temporary Extension Act of 2010.

Draft Form W-2 for Reporting the Cost of Health Care Coverage

The IRS has released a preliminary draft of the Form W-2 for reporting the cost of health care coverage.

W-2 Health Care Coverage Reporting Relief

The IRS notice states that it is not mandatory for employers to report the cost of health care coverage on W-2 forms for 2011 as initially proposed under the Affordable Care Act.

Affordable Care Act – FAQ #3

This is the third set of frequently asked questions that the Department of Labor’s EBSA has available on its website.

Affordable Care Act – FAQ #2

This is the second set of frequently asked questions issued by EBSA.  Topics covered include grandfathered plans, dental and vision, recisions, and preventive health as well as ACA’s effective date for individual health insurance policies.

EBSA’s Proposal for Broadening the Definition of Fiduciaries Under ERISA

The Department of Labor’s Employee Benefits Security Administration issued this proposed rule October 22, 2010, expanding ERISA’s definition of “fiduciary” for employee benefit plans. The broader definition proposed is designed to protect plans and plan participants from conflicts of interest and self-dealing from persons who give investment advice.

Affordable Care Act – Early Retirement Reinsurance Program

Health and Human Services has developed this website devoted exclusively to the Early Retirement Reinsurance Program created under health care reform.

Affordable Care Act - Interim Procedures for Internal Claims and Appeals

DOL Technical Release No. 2010-02 provides guidelines for the internal claims and appeals process that group health plans and health insurance issuers are required to have under the act.

Affordable Care Act – FAQ #1

This is the first of several sets of frequently asked questions that the Department of Labor’s EBSA has available on its website. These FAQs addresses implementation topics covering compliant, grandfathered plans, claims, internal appeals, external reviews, dependent child coverage, out-of-network emergency services and highly compensated employees

Model COBRA Notice Updated for ACA

The DOL has provided a revised model COBRA Notice for use by single employer health plans. The new model includes language to make beneficiaries aware of alternative coverage available through ACA’s marketplaces.

Model Notice of Coverage Options for Employers Who Do Not Offer Health Care Benefits

The DOL provides a model notice of coverage options for employers who do not offer health care benefits to let employees know about the availability of insurance exchanges, or marketplaces. The notice is in Q/A format and includes a form employees who want to buy insurance through an exchange must complete.

Model Notice of Coverage Options for Employers Who Offer Health Care Benefits

The DOL provides a model notice of coverage options for employers who offer health care benefits, as mandated under the Affordable Care Act, to let employees know about the availability of insurance exchanges, or marketplaces. The notice is in Q/A format. It includes a form that employees who want to buy insurance through an exchange must complete.

Guidance on the Notice to Employees of Marketplace Coverage Options

The Department of Labor issued this May 8, 2013, Technical Release to provide background and instructions on employers’ responsibility to notify employees of healthcare coverage options available through state exchanges or “marketplaces.”

Updated Completed Summary of Benefits and Coverage (SBC)

The DOL provides a completed example of the revised SBC, which includes information on minimum essential coverage and minimum value of the plan’s benefits.

Updated Template for Summary of Benefits and Coverage (SBC) Document

The DOL has provided this template that updates information to be included on the SBC. The new information in the revised template relates to minimum essential coverage and minimum value of the plan’s benefits.

Affordable Care Act - FAQ #14

This set of frequently asked questions on the DOL website covers updates to the Summary of Benefits and Coverage (SBC) that include information on minimum essential coverage and minimum value of the plan’s benefits.

DOL Self-Compliance Tool for ERISA Part 7 - Affordable Care Act

This self-compliance tool provides an informal explanation of the statutes and the most recent regulations and interpretations and includes citations to the underlying legal provisions.

DOL Self-Compliance Tool for ERISA Part 7 - HIPAA

This self-compliance tool issued by the DOL is useful for group health plans, plan sponsors, plan administrators, health insurance issuers, and other parties to etermine whether a group health plan is in compliance with some of the provisions of Part 7 of ERISA.

Affordable Care Act - FAQ #13

This set of frequently asked question (FAQ) clarifies the extent expatriate group health insurance coverage is subject to the provisions of the Patient Protection and Affordable Care Act.

Amendments to FMLA Covering Military Families and Airline Flight Crews

This page on the DOL website provides an overview of the February 2013 amendments to the FMLA affecting military families and airline flight crews.  Included are links to fact sheets and to form templates.

Essential Health Benefits, Cost-Sharing and Actuarial Value

This issue of Buck Consultant’s FYI provides analysis of recently issued guidelines on essential health benefits and cost-sharing requirements.

Essential Health Benefits: Fact Sheet

The Department of Health and Human Services issued final rules on February 20, 2013, outlining standards for coverage of essential health benefits (EHB) and the determination of actuarial value (AV). This fact sheet provides an overview.

Affordable Care Act - FAQ #11

This set of FAQs on the DOL website addresses the employer notice of coverage options, health reimbursement arrangements, disclosure of information related to firearms, employer group waiver plans supplementing Medicare Part D, fixed indemnity insurance and payment of PCORI fees.

Fact Sheet: Caring for a Disabled Adult Child Under FMLA

This page on the DOL website contains general information on caring for a disabled adult child under FMLA.

DHHS Sample Business Associate Agreement Provisions for PHI Provisions of HIPAA

The Department of Health and Human Services has issued sample business associate agreement provisions in conjunction with protected health information (PHI) under HIPAA.

Summary of HIPAA Privacy Rule

This link on the Department of Health and Human Services website provides a summary of the HIPAA privacy rule.

Q&A on Employer Shared Responsibility Provisions Under the Affordable Care Act

This page on the IRS website is arranged in Q&A format to answer common questions about the shared responsibility provisions for employers that take effect in 2014.

Fact Sheet - The Affordable Care Act and Wellness Programs

The Department of Labor has provided this Fact Sheet on ACA’s incentives to promote workplace wellness programs.

A Review of the Workplace Wellness Market

This study of employer-sponsored wellness programs was prepared for the Department of Health and Human Services and the Department of Labor in conjunction with provisions under ACA that expand the use of incentives in nondiscriminatory programs. It is based on a review of the current literature on the topic and summarizes typical program components, the prevalence of wellness programs among employers and their impact, and the use and effect of financial incentives in these programs.

HHS Fact Sheet - Proposed Rules on Essential Health Benefits and Actuarial Value of Benefits

This fact sheet was published in conjunction with proposed rules outlining health insurance issuer standards related to the coverage of essential health benefits (EHB) and the determination of actuarial value (AV) of benefits provided.

FAQ - ACA’s Transitional Reinsurance Program

The IRS has published frequently asked questions in connection with the transitional reinsurance program that is part of the Affordable Care Act. This three-year program (2014-2016) assesses a per participant fee on fully insured and self-insured plans to support payments to individual market issuers that cover high-cost individuals.

The Affordable Care Act’s Early Retiree Reinsurance Program

This page on the federal government’s website is devoted entirely to the Early Retiree Reinsurance Program (ERRP), a component of the Affordable Care Act that provides reimbursement to participating employer-based plans for a portion of cost of coverage for early retirees, their dependents and beneficiaries.

Affordable Care Act - FAQ #10

FAQ #10 provides additional clarification on the implementation of the summary of benefits and coverage (SBC) for Medicare Advantage Plans.

Affordable Care Act - FAQ #9 - Summary of Benefits Coverage

This set of FAQs covers implementation of ACA’s summary of benefits and coverage (SBC) provisions.  This topic is also covered by FAQs #8 and #10.

FMLA – Fact Sheet on Proposed Rulemaking Affecting Military Families and Flight Crews

This DOL Fact Sheet outlines the major provisions of the changes and also includes a link to the Proposed Rule Website which has deadlines and procedures for submitting comments.

HHS Resources for Creating a Summary of Benefits and Coverage

This page on the HHS website provides access to a whole host of additional information for preparing a Summary of Benefits Coverage. Included are links to instructions and guides for the sample benefit calculations for common scenarios that are a requirement of the regulations.

IRS - Interim Report on 401(k) Compliance Check Questionnaire

This Interim Report from the IRS summarizes the responses from approximately 1,200 randomly selected sponsors of 401(k) plans. The plan sponsors completed an online questionnaire designed to measure the overall compliance levels among 401(k) plans, evaluate the effectiveness of IRS voluntary compliance programs and determine how the IRS can foster greater compliance.

EBSA - SBC Instruction Guide for Group Plans

EBSA developed this guide to assist employers in the completion of their Summary of Benefits and Coverage (SBC) based on the SBC Template.

EBSA - Summary of Benefits and Coverage - Final Regulations

EBSA published the final regulations covering the Summary of Benefits and Coverage mandated by PPACA to be made available to all healthcare plan participants.

EBSA - Summary of Benefits and Coverage - Compliance Guidance

EBSA has provided this document to guide employers on compliance with providing a Summary of Benefits and Coverage to all healthcare plan participants as mandated by PPACA.

EBSA - Sample Completed Summary of Benefits and Coverage

The DOL’s EBSA has provided a sample completed Summary of Benefits and Coverage (SBC) using the template the agency developed. The SBC is the four-page summary mandated by the Patient Protection and Affordable Care Act.

EBSA - Template for PPACA’s Summary of Benefits and Coverage

The DOL’s EBSA has provided a template for the Summary of Benefits and Coverage mandated under the Patient Protection and Affordable Care Act.

Uniform Glossary of Health Insurance and Medical Terms

This DOL/EBSA website has created a four-page glossary of health insurance and medical terms as a companion to the Summary of Benefits Coverage that must be provided to all plan participants under PPACA.

Summary of Benefits and Coverage - Sample Completed Template

This DOL/EBSA link provides a look at a sample completed Summary of Benefits and Coverage form.

Summary of Benefits and Coverage Template

This DOL/EBSA link provides a look at the department’s proposed template for the Summary of Benefits and Coverage required under PPACA.

HHS Fact Sheet on Proposed Regulations on Summary of Benefits and Coverage; Uniform Glossary of Term

The HHS has released a Fact Sheet on rules under the Affordable Care Act provisions that would ensure consumers have access to two forms that will help them understand and evaluate their health insurance choices:  an easy-to-understand Summary of Benefits and Coverage; and a uniform glossary of terms commonly used in health insurance coverage.

Affordable Care Act — FAQ #5 and Mental Health Parity

This fifth set of frequently asked questions about the ACA also includes information on the Mental Health Parity and Addiction Act of 2008.

Recommended Preventive Services Under the ACA

The ACA requires new plans and issuers to cover certain preventive services without any cost-sharing for the enrollee when delivered by in-network providers.  Interim final regulations, issued in July 2010, do not apply to grandfathered plans and issuers.  This website provides links to the items and services that must be covered under the interim final regulation.

Affordable Care Act - DOL/EBSA Web Page

This page on the DOL/EBSA website provides links to guidance, regulations, Fact Sheets and Model Notices for provisions of the Patient Protection and Affordable Care Act that are of particular interest to employers. Among the topics for which links are provided are grandfathered status, external review, coverage of preventive care, extension of coverage to adult children, preexisting condition exclusions, lifetime and annual limits, rescissions, patient protections and early retiree reinsurance. The page also provides links to related websites.

Interim Final Rules—Coverage of Preventive Services Under ACA

This link to the Federal Register provides the text of the interim final rules for group health plans and health insurance issuers regarding the coverage of preventive services under the Patient Protection and Affordable Care Act. The publication also includes a request for comments.

Fact Sheet – Medical Loss Ratio

This November 2010 HHS online publication summarizes provisions in the Affordable Care Act that limit the percentage of insurance premiums that can be used to pay for administrative expenses beginning in 2011. The law requires insurance companies in the individual and small group markets to spend at least 80 percent of the premium dollars they collect on medical care and quality improvement activities.  Insurance companies in the large group market must spend at least 85 percent of premium dollars on medical care and quality improvement activities.

Fact Sheet – Amendment to Regulations on Grandfathered Status

This November 2010 HHS publication is a brief synopsis of the amendment of earlier regulations whereby group health plans will be allowed to switch insurance companies and shop for the same coverage at a lower cost while maintaining their grandfathered status, so long as the structure of the coverage doesn’t violate one of the other rules for maintaining grandfathered plan status.

Amendment to Interim Final Regs on Grandfathered Status for Health Plans Under ACA

The modification published November 17, 2010, and linked below states that a group health plan does not lose its grandfathered status merely because the plan (or its sponsor) enters into a new policy, certificate, or contract of insurance after March 23, 2010.

Early Retiree Reinsurance Program Under the ACA

This link provides information on the Early Retiree Reinsurance Program as well as a full, alphabetical list of participating companies and an interactive state map displaying participating organizations.

Q&A on Title II of GINA for Small Businesses

The EEOC provides this online guide to compliance with Title II of GINA for small businesses in a question and answer format.

GINA - Background on EEOC’s Final Rule on Title II

This link to the EEOC’s website provides background information on Title II of GINA and includes a Q&A format that addresses such questions as “Who must comply with Title II of GINA?”

GINA - Final Regulations

On November 9, 2010, the EEOC published a final rule in the Federal Register to implement Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA).

Genetic Information Discrimination – EEOC

This EEOC link discusses the prohibition against using genetic information under the Genetic Information Nondiscrimination Act of 2008 (GINA) to discriminate against employees and applicants.

Affordable Care Act — FAQ #4

This is the fourth set of frequently asked questions that the Department of Labor’s EBSA has available on its website.

COBRA – Updated Model Notices for Continuation Coverage Assistance under ARRA

The EBSA has posted updated model notices for employees and beneficiaries covered under the ARRA continuation coverage assistance program. These models reflect the Temporary Extension Act of 2010.

Draft Form W-2 for Reporting the Cost of Health Care Coverage

The IRS has released a preliminary draft of the Form W-2 for reporting the cost of health care coverage.

W-2 Health Care Coverage Reporting Relief

The IRS notice states that it is not mandatory for employers to report the cost of health care coverage on W-2 forms for 2011 as initially proposed under the Affordable Care Act.

Affordable Care Act – FAQ #3

This is the third set of frequently asked questions that the Department of Labor’s EBSA has available on its website.

Affordable Care Act – FAQ #2

This is the second set of frequently asked questions issued by EBSA.  Topics covered include grandfathered plans, dental and vision, recisions, and preventive health as well as ACA’s effective date for individual health insurance policies.

Affordable Care Act – Early Retirement Reinsurance Program

Health and Human Services has developed this website devoted exclusively to the Early Retirement Reinsurance Program created under health care reform.

Affordable Care Act - Interim Procedures for Internal Claims and Appeals

DOL Technical Release No. 2010-02 provides guidelines for the internal claims and appeals process that group health plans and health insurance issuers are required to have under the act.

Affordable Care Act – FAQ #1

This is the first of several sets of frequently asked questions that the Department of Labor’s EBSA has available on its website. These FAQs addresses implementation topics covering compliant, grandfathered plans, claims, internal appeals, external reviews, dependent child coverage, out-of-network emergency services and highly compensated employees

DOL/EBSA Lifetime Income Calculator

This page on the DOL/EBSA website provides an overview, instructions and an explanation of results in connection with the Lifetime Income Calulator the Department developed in conjunction with its May 7 advance notice of proposed rulemaking. The notice focuses on retirement income projections for defined contribution plan participants.

DOL Fact Sheet - Lifetime Income Illustration

The DOL/EBSA published this May 7, 2013, advance notice of proposed rulemaking regarding lifetime income projections for defined contribution plan participants. The Fact Sheet discusses assumptions and safe harbors plan administrators can use to develop the projections.  Comments are due by July 8, 2013.

TDF Tips for Fiduciaries from EBSA/DOL

The Employee Benefits Security Administration has issued a brief, three-page document with general guidelines for plan sponsors with respect to selecting and monitoring target date funds.

IRS February 2013 Employee Plan News

This is the February 2013 edition of a periodic newsletter the IRS publishes. In this issue is information on how new revenue correction procedures affect 403(b) plans, updates on compliance projects and more.

IRS February 2013 Employee Plan News

This is the February 2013 edition of a periodic newsletter the IRS publishes. In this issue is information on how new revenue correction procedures affect 403(b) plans, updates on compliance projects and more.

IRS Chart of Significant Changes to EPCRS

This chart on the IRS website lists changes to the Employee Plans Compliance Resolution System introduced by Rev. Proc, 2013-12. It identifies the sections where they are to be found and describes the change from prior procedures.

IRS Updates Error Correction Program for Retirement Plans

The new procedure updates and expands the Employee Plans Compliance Resolution System (EPCRS), the comprehensive system of correction programs for sponsors of retirement plans that have failed to meet one or more requirements of the Internal Revenue Code.

Guide to Common Qualified Retirement Plan Requirements

This page on the IRS website, updated in October, 2012,  lists some of the more important retirement plan requirements to ensure that employer-sponsored plans maintain their qualified status under IRS rules.

IRS 401(k) Resource Guide - Filing Requirements

This page on the IRS website provides a checklist of when various 401(k) Plan filings are due. It also provides links to the forms listed.

2013 Retirement Plan Contribution Limits

This table on the IRS web site lays out the 2013 contribution limits for qualified retirement plans.

Participant Fee Disclosure – Clarification on Brokerage Windows

On July 30, 2012, EBSA issued Field Assistance Bulletin 2012-02R to clarify the fee disclosures that are required for investments participants make brokerage windows. The Department’s original guidance, issued in May, caused an uproar among professionals in the retirement industry and plan sponsors who complained the disclosures were needlessly burdensome and would overwhelm participants. The Bulletin is in a Q&A format; question number 13 addresses this specific issue.

Participant Fees and Expense Disclosure - Model Comparative Chart

The DOL/EBSA has prepared a model that plan sponsors can use to develop a comparison chart of plan investments and fees for 401(k) plan participants.

Participant-Level Retirement Plan Fee Disclosure - Final Rules

This EBSA Fact Sheet summarizes the fee information to be disclosed to participants in 401(k) and other participant-directed employer-sponsored retirement plans.

Before It’s Too Late - A Retirement Security Update

EBSA’s bi-weekly online publication by Assistant Secretary of Labor Phyllis Borzi. The newsletter highlights current issues in employer-sponsored retirement plans.

May 14, 2012 Issue - Before It’s Too Late - A Retirement Security Update

This inaugural email by the head of EBSA, Phyllis Borzi, is a bi-weekly publication that highlights the DOL’s efforts to raise awareness of the need for retirement security. Links within the email give access to EBRI’s 2012 Retirement Confidence Survey and information on EBSA’s public forums on retirement security being offered around the country.

Participant-Level Retirement Plan Fee Disclosure Regulation - FAQs

This Field Assistance Bulletin (No. 2012-02) from Department of Labor’s Employee Benefits Security Administration contains frequently asked questions and answers about the Department’s participant-level fee disclosure regulation (29 CFR § 2550.404a-5). It also answers questions about related plan-level disclosures under 408(b)(2).

IRS Employee Plans News - March 2012

The March 2012 issue has articles on new guidance encouraging plans to offer lifetime income options, an update on the Determination Letter Program, the IRS’ 401(k) plan projects and other employer plan-related topics.

EBSA -  Fee Disclosure Failure Notice

This page on the EBSA website outlines action a plan sponsor can take to avoid a prohibited transaction when a plan service provider fails to disclose fee information it is required to under 408(b)(2). The page contains a link to a model notice of covered service provider’s failure to comply as well as links to a 408(b)(2) Fact Sheet and Final Regulations.

EBSA -  Model 401(k) Plan Fee Disclosure Form for Plan Sponsors

This 11-page model 401(k) fee disclosure form helps plan sponsors identify all of the fees associated with their retirement plans. A glossary is included to help clarify terms.

EBSA – Understanding Retirement Plan Fees and Expense

EBSA has provided an easy-to-read article for retirement plan sponsors on its website in conjunction with the February 2012 publication of 408(b)2 plan-level fee disclosures. The article includes explanations of the major categories of plan fees as well as basic information on investment fees. There are also links to several other supporting publications, most notably a link to a model 401(k) plan fee disclosure form.

EBSA – Final 408(b)(2) Plan-Level Fee Disclosure Rules

EBSA published the final rules covering 408(b)(2) plan-level fee disclosure rules in the Federal Register on February 3, 2012. The full text is available below in PDF format.

EBSA - Detail of Changes to Final 408(b)(2) Fee Disclosure Rule

The DOL’s EBSA has provided information detailing the changes made to the interim 408(b)(2) fee disclosure rule that was published in July, 2010.

EBSA Fact Sheet – Final Rule on 408(b)(2) Fee Disclosure Rule

The DOL’s EBSA has created a Fact Sheet summarizing the service provider fee disclosure requirements. The deadline for implementation was pushed back from April 1, 2012, to July 1, 2012.

IRS Fall 2011 Retirement Plan Newsletter - Employers

The Fall edition of this IRS newsletter has articles on 2012 salary deferral contributions, paying retirement benefits and an update on the IRS’s 401(k) Compliance Check Questionnaire Project.

IRS Employee Plans Newsletter - December 2011

This issue of the IRS Employee Plans Newsletter outlines significant changes to the Employee Plans Determination Letter Program and also provides a cumulative list of changes in plan qualification requirements for 2011.

IRS Employee Plans Newsletter - October 2011

This issue of the IRS Employee Plans Newsletters contains a number of articles of interest to employers, including a 2011-2012 Priority Guidance Plan.

IRS Summer 2011 Retirement Plan Newsletter - Employers

The IRS’ summer 2011 newsletter for employers who sponsor retirement plans contains articles on avoiding and correcting compensation errors in retirement plans and on withholding federal income tax on plan distribution.  The newsletter also contains useful links to IRS educational materials for plan sponsors as well as links to the DOL/EBSA website.

Form 5500 – Summary of 2008 Data – December 2010

This report is the most recent for which plan data is available.  Total assets held in retirement and pension plans decreased by $1.4 trillion, 23%, in 2008. Assets in 401(k) plans declined by 25.2%, from $3 trillion in 2007 to $2.2 trillion in 2008.

Raising the Retirement Ages Would Have Implications for Older Workers and SSA Disability Rolls

This report from the U.S. Government Accountability Office discusses the impact proposed changes to early and full retirement age would have on workers. In particular, the report cites the likely affect that raising the age would have on the number of people applying for and receiving disability insurance because of the health or physical challenges they face.

Proposed Rule on Annual Funding Notice for DB Plans

In November 2010, the DOL published a proposed rule in the Federal Register for annual funding notices required under ERISA. The proposed rule discusses the funding notices that all DB plan administrators must furnish to the PBGC, participants and beneficiaries.

Final Rule to Improve Transparency of Fees and Expenses to 401(k) Participants

This is the published version of the DOL’s final rule regarding fee and expense disclosure at the participant level.

IRS Employee Plans Focus - 2011

This online publication by the IRS spells out the agency’s seven operating priorities in its 2011 Work Plan.

COLA Increases for Dollar Limitations on Retirement Benefits and Contributions

The IRS table of cost-of-living adjustments applicable to dollar limitations for pension plans and other items for tax year 2012.

Lifetime Income Options Joint Hearing - Videos

DOL/EBSA has a recording of the webcast of the Lifetime Income Options Joint Hearing from September 14, 2010.  This link enables you to select the portion of the webcast that interests you.

EBSA’s Proposal for Broadening the Definition of Fiduciaries Under ERISA

The Department of Labor’s Employee Benefits Security Administration issued this proposed rule October 22, 2010, expanding ERISA’s definition of “fiduciary” for employee benefit plans. The broader definition proposed is designed to protect plans and plan participants from conflicts of interest and self-dealing from persons who give investment advice.