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More Vax Facts – The Agencies Weigh In

Seyfarth Synopsis: We previously discussed how to apply the HIPAA wellness rules to a premium differential based on a participant’s vaccination status in our Legal Update. At the time, we were left to interpret the existing...more

Anti-Vax Tax Facts: Legal Considerations for Premium Differentials Based on Vaccination Status

Seyfarth Synopsis: As employers continue to struggle with strategies for safely re-opening their workplaces, we have previously discussed the possibility of mandating a vaccine or providing incentives for getting the vaccine....more

Did You Get Your Vaccine Yet… Your Employer May Offer You an Incentive

Seyfarth Synopsis: The EEOC has released anticipated guidance (found here) related to the COVID-19 pandemic and what employers can and cannot do (“Updated Guidance”). The Updated Guidance provides guidance on 4 main topics:...more

Yes, Your Health FSA Can Cover Your Surgical Mask Purchase!

Seyfarth Synopsis: Avid readers of Beneficially Yours may recall that just over a year ago we asked the pressing question of whether surgical mask purchases could be covered under a health care FSA, among other “novel”...more

DOL Issues Clarification of Outbreak Period - Sort of

At the 11th hour, on February 26, 2021, the Department of Labor (DOL) issued EBSA Disaster Relief Notice 2021-01 (the “Notice”) to provide guidance on the duration of the COVID-related relief previously provided by the DOL in...more

Yes, I Know it’s a Pandemic, But What About ERISA?!?!?!? Benefits Implications in Employer-Sponsored COVID Vaccine Programs

Synopsis: Now that we have two approved vaccines (and several more on the horizon) employers are starting to explore whether they should require their employees to get vaccinated in order to report to work. ...more

I Am Not Throwing Away My [COVID] Shot!”

COVID-19 vaccines are finally here! Employers have a lot to think about in how this new tool in the fight against COVID-19 applies in the workplace, and whether it should be a mandatory aspect of employment....more

A Guidebook to CARES Act Relief: Notice 2020-50 Provides Additional Clarity and Relief for Employers and Employees

Seyfarth Synopsis: As discussed in more detail in our prior blog post, the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") provided certain relief to defined contribution plan participants, provided they were...more

DOL Addresses Health Plan Coverage for Return-to-Work COVID Testing and Other Pressing Issues

Seyfarth Synopsis: On June 23, 2020, the DOL issued additional FAQs relating to the COVID-19 testing mandate under the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief and Economic Security Act...more

All Bets Are Off: IRS Issues New Playbook for Section 125 Plans During Pandemic

On May 12, the IRS released Notices 2020-29 and 2020-33, which collectively provide various forms of relief under the existing IRC Section 125/129 rules in light of the COVID-19 pandemic. ...more

Too Much Time on My Hands: Helping Employees Through COVID-19 Pandemic with PTO Donation

Seyfarth Synopsis: As employers look for ways to help employees impacted by the current pandemic, one option to consider is permitting employees to donate their accrued, but unused paid time off (PTO) to fellow employees in...more

Months After Ordering Plans to Disregard Sub-Regulatory Guidance, Trump Administration Learns to Love the Informal FAQs

Seyfarth Synopsis: On April 11, the IRS, DOL and HHS issued a series of FAQs clarifying the scope of the FFCRA/CARES Act mandates relating to COVID-19 testing for group health plans and health insurance issuers. This post...more

IRS Provides Additional COVID-19 Relief: Plan Adoption Deadlines Extended

Seyfarth Synopsis: Several deadlines established by the IRS to adopt amendments or restatements to employer-sponsored retirement plans, and in this instance specifically, to 403(b) plans maintained by tax-exempt entities and...more

CARES Act Relief: Health and Welfare Plan Provisions

Seyfarth Synopsis: On March 27, 2020, the House of Representatives followed the Senate’s lead in voting overwhelmingly to pass the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The President signed the...more

Coronavirus Update – Senate CARES and Considers Proposed Relief for Retirement Plan Participants

Seyfarth Synopsis: As we have been raising in our series of blog posts and Legal Updates, the impact of the coronavirus is far-reaching, and there are a number of concerns relating to employer-sponsored retirement plans to...more

Feeling Left Out, Senate Proposes ANOTHER Bill—CARES Act—Mandating COVID-19 Testing

Seyfarth Synopsis:  On March 19, Senator McConnell introduced the Coronavirus Aid, Relief, and Economic Security (CARES) Act. While the Act largely focuses on economic relief for businesses and individuals, it did contain...more

Apparently All it Takes to Get Congress to Agree on Something is a Global Pandemic

Seyfarth Synopsis: On Wednesday afternoon, the Senate voted 90-8 to approve HR 6201 without changes. The law generally takes effect no later than 15 days after HR 6201 is signed (expected soon) and would sunset on December...more

House Passes Technical Corrections to COVID-19 Relief Bill – One Small Word Creates Many Big Questions

Seyfarth Synopsis: Late Monday night, the House passed a technical corrections package to HR 6201. While most of the changes related to the Bill’s paid sick leave, unemployment insurance and tax credits provisions (click here...more

In A Rare Move – House and White House Agree on Initial Coronavirus Relief

Seyfarth Synopsis: Late Friday evening, the House of Representatives overwhelmingly passed a bill (HR 6201) targeted to provide relief for individuals impacted by the spread of SARS-CoV-2, the coronavirus that causes...more

More Viral Benefits News

Seyfarth Synopsis: One of many COVID-19 benefits-related concerns focused on the ability of individuals covered under High Deductible Health Plans to have services to diagnose or treat the coronavirus covered before their...more

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