COBRA and STD/FMLA – The Appeal
As we near the first anniversary of BenefitsBryanCave.com, it is a good time to reflect on the past, such as one of our first posts on the importance of clear eligibility terms in a self-funded health...
View ArticleDealing with Overturn of DOMA – Immediate Steps
Section 3 of the Defense of Marriage Act was found to be unconstitutional by the Supreme Court last week in United States v. Windsor, No. 12-307. This action has created more questions than answers...
View ArticleBreaking – IRS Guidance on Same-Sex Marriage
Today the IRS release Revenue Ruling 2013-17 generally providing that same-sex marriages would be recognized for Federal tax purposes if they were recognized under the laws of the state in which the...
View ArticleIRS Adopts State of Celebration Rule – If Valid Where Performed, You are...
In Revenue Ruling 2013-17, the Internal Revenue Service provided clear guidance to define “spouse” for all purposes under the Internal Revenue Code. A “spouse” includes a same-sex spouse whose marriage...
View ArticleBreaking – DOL Guidance on Same-Sex Marriage – Adopts State of Celebration...
Today, the DOL released Technical Release 2013-04, providing that the Secretary of Labor will interpret the terms “spouse” and “marriage”, for purposes of ERISA and related regulations and opinions, to...
View ArticleDOL Follows IRS – State of Celebration Rule Applies for all ERISA Purposes
In Technical Release 2013-04, the Employee Benefit Security Administration mirrored the guidance provided by the Internal Revenue Service in Revenue Ruling 2013-17, providing clear guidance defining...
View ArticleCheck it Out and Check it Off: 2014 Group Health Plan Checklist
This is cross-posted from our recent client alert. With 2014 just around the corner, numerous mandates under the Patient Protection and Affordable Care Act, as amended (“PPACA”) are about to become...
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COBRA Participants: Act Quickly to Maximize Cost Savings with ACA Special...
In a recent CMS Bulletin, the Department of Health & Human Services announced a one-time special enrollment period for individuals who are currently eligible for, or enrolled in, COBRA continuation...
View ArticleEmployee Takes the Cake…and Doesn’t Get COBRA
In a recent decision, the Federal District Court for Idaho found that a grocery store employee who took a stale cake and shared it with her coworkers was properly denied COBRA for her “gross...
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Check it Out and Check it Off: 2015 Group Health Plan Checklist
With 2015 just around the corner, certain mandates under the Patient Protection and Affordable Care Act, as amended (“ACA”) are about to become effective. Health plans also have several existing...
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Caution: Non-Compliant COBRA Election Notices may be Costly
Earlier this year, an employer was sued in a class action in Federal District Court for the Southern District of Florida for violating the notice provisions of the Consolidated Omnibus Budget...
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