Clark Hill Thorp Reed lawyers exemplify the firm’s commitment to hard work, high ethical standards and dedication to client service. Our attorneys practice in diverse areas of law, and combine a multidisciplinary approach to solving legal problems. The bottom line: Clients of Clark Hill Thorp Reed benefit from attorneys whose expertise and commitment deliver effective client outcomes and superior legal service.
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The Employer's Affordable Care Act (ACA) Compliance Playbook: Your Pre-Game Warm-Up for "Pay or Play"
December 10, 2012
For many "large" employers, determining whether to "pay or play" may not be an easy process. The ACA's employer shared responsibility provision goes into effect in 2014, making advance preparation even more important if you have part-time, seasonal or "variable hour" employees. Since you are only required to either potentially pay (a penalty for) or play (offer coverage to) those individuals who are considered your full-time employees, your ability to substantiate whether an employee is or is not "full-time" will be critical to successfully navigating the "pay or play" provisions of the ACA. ...
The Employer's Affordable Care Act (ACA) Compliance Playbook: The 2013 and 2014 Game Plan
November 13, 2012
The Supreme Court has spoken, the election is over, and if you did not plan for compliance with the ACA, you are now playing "catch-up." If your group health care plan is maintained on a calendar-year basis, you are either in the midst of finalizing open enrollment materials for 2013 or in the midst of open enrollment. ...
The Employer's Affordable Care Act Compliance Playbook: Comparative Effectiveness Fees
October 11, 2012
The ACA added Sections 4375, 4376 and 4377 to the Internal Revenue Code of 1986 (Code). These new Code sections impose fees on issuers of certain health insurance policies (each called a "specified health insurance policy") and on plan sponsors of certain self-insured plans (each called an "applicable self-insured health plan"). ...
The Employer's Health Care Reform Playbook: What Do I Do With This Check? (Special Non-Federal Governmental Employer Edition)
August 17, 2012
The Employer's Health Care Reform Playbook: What Do I Do With This Check?
August 9, 2012
Under the Affordable Care Act(ACA), employer sponsors of insured group health plans might soon receive a rebate check in the mail from the insurance company. The rebate check relates to the ACA's "medical loss ratio" requirement or MLR. ...
The Health Care Reform Playbook: The SBC
July 12, 2012
Now that the Supreme Court has issued its opinion, it is time for plan sponsors to focus on new compliance obligations under the Affordable Care Act (ACA) that impact the upcoming open enrollment season.
Health Care Reform Employer Compliance Obligations 2012
March 20, 2012
Employer health plans (and insurers for insured plans) are required to prepare and distribute a document called a Summary of Benefits and Coverage (“SBC”). The purpose is to assist individuals in understanding and comparing their health coverage options. The SBC is in addition to, and not in lieu of, the Summary Plan Description (SPD) that employers must already provide to participants.
The Benefits Game: Challenging Health Care Reform's Individual Mandate
August 23, 2011
Since the Affordable Care Act (“Act”) became law in March of 2010, the question we benefits attorneys are most often asked is, “Don’t you think health care reform is going to go away (be repealed) (be ruled unconstitutional)?” We consistently have answered “no.” And despite the opinion of the United States Court of Appeals for the Eleventh Circuit issued on August 12, 2011, our answer stays the same.
Impact on Employer Plans Of President Obama's Decision Not To Defend DOMA
February 28, 2011
For now, President Obama’s decision not to defend the constitutionality of the Defense of Marriage Act (“DOMA”) should not affect how employers administer their employee benefit plans. This Communiqué explains the President’s decision and its impact on employer-sponsored plans.
New Developments: Third Circuit Successor Liability for Employee Benefit Plan Liabilities in an Asset Sale
February 7, 2011
The United States Court of Appeals for the Third Circuit (which covers Pennsylvania, New Jersey, Delaware, and the Virgin Islands) recently held that a purchaser of assets may be liable for a seller’s delinquent ERISA fund contributions where the buyer had notice of the liability prior to the sale and there exists sufficient evidence of continuity of operations between the buyer and seller.
ESOP Development
August 31, 2010
Shifting Employer Stock Among Participant Accounts
The IRS has recently authored guidance (“Reallocation Position”) regarding reallocations of qualified employer securities (“Employer Stock”) among participant accounts within an employee stock ownership plan (“ESOP”).
Health Care Reform - The Employer's Perspective: Installment Nine
August 17, 2010
Agencies Issue Interim Final Regulations on Internal Claims and Appeals and External Review Procedures Applicable to Non-Grandfathered Plans
This ninth installment in our series on Health Care Reform[1] discusses the Interim Final Regulations issued by Health and Human Services, Treasury and the Department of Labor (“Agencies”) on July 23, 2010 (“Interim Rules”) related to new claims and appeals procedures that apply to all non-grandfathered health plans.
Department of Labor Issues Requirements for Avoiding Prohibited Transactions
August 4, 2010
The Department of Labor has issued interim final regulations that must be followed in order for your plan to avoid a prohibited transaction. These rules only apply to retirement plans: both defined benefit and defined contribution plans (hereafter, “plan(s)”). They do not apply to a Simplified Employee Pension (“SEP”), a SIMPLE Plan, or an IRA, and also do not apply to welfare plans such as health, dental, vision, or disability plans.
Health Care Reform - The Employer's Perspective: Installment Eight
July 30, 2010
Agencies Issue Interim Final Regulations on Preventive Care Mandates for Non-Grandfathered Plans
This installment, which is the eighth in our series on Health Care Reform,[1] discusses the Interim Final Regulations issued by Health and Human Services, Treasury and the Department of Labor (“Agencies”) on July 23, 2010 (“Interim Rules”).
Health Care Reform - The Employer's Perspective: Installment Seven
June 30, 2010
Agencies Issue Interim Final Regulations Implementing Selected Health Reform Provisions
This is the seventh installment of our series on Health Care Reform, which discusses Interim Final Regulations issued by Health and Human Services, Treasury and the Department of Labor (“Agencies”), that appeared in the Federal Register on June 28, 2010 (“Interim Rules”).
Health Care Reform - The Employer's Perspective: Installment Six
June 17, 2010
TO BE OR NOT TO BE GRANDFATHERED – THAT IS THE QUESTION.
This is the sixth installment of our series on Health Care Reform. This installment discusses the grandfathered plan concept and Interim Final Regulations issued by Health and Human Services, Treasury and the Department of Labor, which appeared in the Federal Register on June 17, 2010.
Health Care Reform - The Employer's Perspective: Installment Five
June 15, 2010
OTHER PLAN CHANGES REQUIRED BY THE AFFORDABLE CARE ACT
This is the fifth installment in our series on the Affordable Care Act or “Reform Act.” In our fourth communiqué (as updated to reflect recent interim regulations) we covered the Affordable Care Act’s requirement that group health care plans (“plan” or “plans”) cover adult children until age 26, and the recent IRS guidance (Notice 2010-38) indicating that such coverage would not be taxable to the employee even if the child is not the employee’s tax dependent.
Health Care Reform - The Employer's Perspective: Installment Four
June 1, 2010
Updated for Recent DOL/IRS/HHS Guidance
“Coming Soon to Your Health Care Plan: Coverage for Adult Children”
This is the fourth installment in our series on Health Care Reform. Continuing our effort to provide you with Health Care Reform in “small bites,” this particular communiqué will focus solely on the requirement under the Affordable Care Act to provide health care coverage to your employees’ adult children.
TRICARE Secondary Payer Rules: Department of Defense Regulations Affecting Your Health Plan
May 26, 2010
On April 9, 2010, the Department of Defense (“DOD”) issued final regulations governing TRICARE Secondary Payer rules. The regulations implement remedies and penalties, including a penalty of up to $5,000 for each violation. These rules will be effective June 18, 2010.
It is Beginning to Feel Like "Groundhog Day"! Another Extension for the COBRA Subsidy
May 24, 2010
The COBRA subsidy has been extended a third time to cover involuntary terminations through May 31, 2010 with passage of the “Continuing Extension Act of 2010” (the “Act”).
Health Care Reform - The Employer's Perspective: Installment Three
April 29, 2010
Reducing the Cost of Health Care to “Early Retirees”
This third article in our series about Health Care Reform discusses a potential opportunity if you provide an “employment-based group health benefits plan” (“plan”) to retirees over age 55 that are not eligible for coverage under Medicare (an “early retiree”).
Health Care Reform - The Employer's Perspective: Installment Two
April 28, 2010
Tax Credit for Small Businesses – Including Certain Tax-Exempt Employers
As the second in a series of articles about Health Care Reform, this communiqué addresses the small business tax credit for “eligible small employers,” available for taxable years beginning on or after December 31, 2009.
Health Care Reform - The Employer's Perspective: Installment One
April 27, 2010
This is the first in a series of articles that will focus on how the Reform Act impacts you as an employer.
Amended COBRA Subsidy Notices - Here We Go Again
March 23, 2010
As you know, with the passage of the Temporary Extension Act of 2010, eligibility for the 15 month COBRA subsidy was recently extended by Congress to cover involuntary terminations occurring through March 31, 2010.
Another Extension for the COBRA Subsidy
March 4, 2010
The Act will extend eligibility for the 65% subsidy for COBRA premiums for qualifying events that constitute an involuntary termination through the end of March 31, 2010.
What To Do When The IRS Comes Knocking
February 25, 2010
The IRS will soon conduct 6,000 employment tax audits over a three-year period.
COBRA Extension Notices Due to Some Qualified Beneficiaries No Later Than January 30, 2010
January 29, 2010
As we previously informed you in our prior communiqué, the COBRA premium reduction provisions originally passed under the American Recovery and Reinvestment Act of 2009 (“ARRA”), were amended by provisions in the Department of Defense Appropriations Act, 2010 (“2010 DODA”), signed into law on December 19, 2009. The provisions in the 2010 DODA expanded the so-called COBRA premium reduction or COBRA subsidy in two ways.
COBRA Subsidy Extended
December 28, 2009
On December 21, 2009, President Obama signed the Department of Defense Appropriations Act, 2010 (“DODAA”). Tagged on near the very end of DODAA is language that extends the COBRA subsidy under the American Recovery and Reinvestment Act of 2009 (“ARRA”).
Resolving Claims Arising from Employment - Often More to Consider Than Settlement Amount - Taxes & Other Complexities
July 17, 2009
It is predictable that the number of employment related disputes will increase with the current economic climate and that many of them will result in payments.
Fees, Funds & Fiduciaries: Strategies for Managing New Risks
2:45 Registration; 3:00 Seminar; 5:30 Reception