Legislative Documents

2011 2013 2014 2015

ERIC Model Telehealth Legislation

ERIC's telehealth model legislation that is designed to guide policy and government relations staff on core telemedicine issues. Our model legislation is carefully crafted to ensure that legislation encourages access to high-quality telehealth services for our members' employees, their families, and retirees… More

protected content House Passes Doc Fix with a Hefty Bipartisan Vote; Next Stop: the Senate

Today the full House voted to pass the “doc fix”, a bill to reform fairly significantly the method by which doctors are paid under Medicare. The bipartisan vote was 392 – 37… More

protected content House and Senate Republicans Release Budget Proposals for FY 2016

This week both the House and Senate released narratives outlining the key elements of their respective budget proposals. The following is a brief description of what each budget proposal recommends with respect to health issues. … More

protected content Deferred Compensation Nears Top of Tax Writers’ List of Issues to Scrutinize

Are nonqualified deferred compensation (NQDC) arrangements “unfair?” Some lawmakers think so… More

protected content Senate and House Introduce Favorable Bills on Wellness

Eight House and Senate Republicans have introduced two identical bills to stop the EEOC from pursuing what the agency claims are violations of the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) by employer-based wellness programs. … More

protected content What to Do with the ACA?  Review of Republican Alternative

Three Congressional Republicans, Sen. Orrin Hatch (R-UT), Chair of the Senate Finance Committee, Sen. Richard Burr (R-NC), and Rep. Fred Upton (R-MI), Chair of the House Energy and Commerce Committee, on February 5 released a narrative of their ideas for an alternative to the Affordable Care Act (ACA). … More

protected content Review of Health Provisions Included in President Obama’s FY 2016 Budget

Today the president released his proposed budget ideas for Fiscal Year 2016, which starts this coming October 1. From my vantage point … More

protected content Obama Administration Releases FY 2016 Budget with Retirement Policy Provisions

Today, the President released the Fiscal Year 2016 Budget of the U.S. Government (“FY 2016 Budget”). As the Administration has been releasing pieces of the FY 2016 Budget over recent days… More

protected content House Approves Legislation to Change Definition of Full-Time Employee

The House approved H.R. 30, the “Save American Workers Act”, by a vote of 252 to 172. The legislation would raise the threshold that defines full-time employment under the ACA from 30 hours per week to 40 hours per week. … More

protected content President Signs Omnibus Funding Legislation and Tax Extenders with Benefit Provisions

President Obama on December 16 signed into law H.R. 83, the Consolidated and Further Continuing Appropriations Act, which contains a number of provisions affecting employee benefit plans, including modification of the Pension Benefit Guaranty Corporation’s enforcement of ERISA section 4062(e) … More

protected content Surprise! Congress Passes a Big Bill!

Congress managed to avert a total government shutdown as well as pass a $1.1 trillion spending bill (HR 83) that will fund most of the government through the end of this fiscal year, September 30, 2015. … More

protected content Congress Approves One-Year Extension of Expired Tax Provisions, Including Multiemployer Provisions

The House of Representatives on December 3 overwhelmingly approved the Tax Increase Prevention Act (H.R. 5771) to retroactively extend for the 2014 tax year approximately 50 expired or soon-to-be-expiring tax provisions, including provisions relating to multiemployer defined benefit pension plans and individual and business tax provisions. … More

protected content Congress Approves Government Funding Bill with Multiemployer and 4062(e) Provisions

Following a significant amount of drama over whether the House and Senate would approve a government funding bill (H.R. 83, the Consolidated and Further Continuing Appropriations Act, 2015) in time to avert a government shutdown, both chambers eventually approved the $1.1 trillion omnibus funding legislation … More

protected content Harkin 4062(e) Provision Included in Kline-Miller Multiemployer Amendment to Omnibus Legislation

Yesterday, key members of Congress reached a deal on the omnibus government funding legislation. There is a reference to section 4062(e) in the legislation as follows… More

protected content Senators Harkin and Wyden Send Letter on De-Risking to Regulatory Agencies

Yesterday, Senator Harkin (D-IA), Chairman of the Committee on Health, Education, Labor & Pensions (“HELP” Committee), and Senator Wyden (D-OR), Chairman of the Senate Finance Committee, sent a letter to the Treasury Department, Department of Labor (DOL), the Pension Benefit Guaranty Corporation (PBGC), and the Consumer Financial Protection Bureau regarding the issue of de-risking transactions in defined benefit plans.… More

protected content Senators Cardin and Portman Introduce Frozen Plans/Nondiscrimination Testing Relief Legislation

Senate Finance Committee Members Ben Cardin (D-MD) and Rob Portman (R-OH) once again have teamed up on retirement security issues by introducing legislation to provide relief from ongoing nondiscrimination testing for frozen defined benefit plans, subject to certain conditions. … More

protected content Pop up IRS ACA Guidance and House Passes Bill Repealing Medical Device Tax

Yesterday was a Big Day on the Health Front – three new IRS notices and House-only repeal of the Affordable Care Act’s (ACA’s) excise tax on medical devices. … More

protected content Senate Passes Harkin Bill S. 2511 Amending Section 4062(e)

Yesterday, the full Senate approved by unanimous consent S. 2511, Senator Tom Harkin’s (D-IA) bill that would amend section 4062(e) of ERISA regarding the definition of “substantial cessation of operations.” … More

protected content Ways and Means Subcommittee on Select Revenue Measures Holds Hearing on Defined Benefit Plans

Today, the Ways and Means Subcommittee on Select Revenue Measures held a hearing on Private Employer Defined Benefit Pension Plans. The focus on the hearing was the challenges facing employers, employees and retirees who rely on defined benefit pension plans to help provide retirement security. The hearing focused on single employer and multiemployer issues.… More

protected content Senate Finance Committee Holds Hearing on Retirement Savings Policy

Today, the Senate Finance Committee held a hearing on “Retirement Savings 2.0: Updating Savings Policy for the Modern Economy.” Chairman Ron Wyden (D-OR) opened the hearing by stating that it appears tax incentives for retirement savings are not skewed towards those Americans who need them the most. … More

protected content Senate Finance Committee and Ways and Means Subcommittee Schedule Hearings on Pension Reform Issues

Before Congress recesses for the mid-term elections, there are a number of retirement-related activities scheduled over the next week. Both the Senate Finance Committee and the House Ways and Means Subcommittee on Select Revenue Measures plan to hold hearings on retirement issues next week. In addition, we understand that the full Senate is scheduled to vote on Senator Harkin’s Manager’s Amendment that would reform ERISA section 4062(e) (S. 2511). … More

protected content JCT Tax Expenditure Report Demonstrates Risk to Benefits

On August 5, the Joint Committee on Taxation (JCT) released its tax expenditure report for 2014 through 2018. The tax expenditure report discusses and assesses forgone federal tax revenue values for the tax rules that exempt taxpayers from (or allow them to defer into the future) otherwise taxable income. … More

protected content Pension Smoothing Extension Signed Into Law

President Obama on August 8 signed into law an extension of the pension smoothing provisions enacted under MAP-21, as part of the Highway and Transportation Funding Act of 2014 (H.R. 5021). The new law includes a five-year delay in the phaseout of the MAP-21 interest stabilization provision … More

protected content Representative Tiberi Introduces Frozen Plans/Nondiscrimination Testing Relief Legislation

On July 31, 2014, Representative Pat Tiberi (R-OH), introduced H.R. 5381, which would provide relief from ongoing nondiscrimination testing for frozen defined benefit plans, subject to certain conditions. … More

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House and Senate Pass Highway Funding Bill with Pension Smoothing Provision, but No PBGC Premium Increases

This evening, the Senate passed H.R. 5021, the “Highway and Transportation Funding Act of 2014” by a vote of 81 to 13. As we reported recently, the House recently re-passed H.R. 5021. The bill is on its way to the President for signature. … More

2011 2013 2014 2015