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protected content 11/15 HRA Rule & Comment Webinar

I hope you are all doing well, and are as glad as I am that the long run-up to the 2018 midterms is finally over! We're working to try and finish off some projects before the end of the year, but there's a lot that could happen (or not happen!) in a lame duck session, so more on that when we have it… More

protected content Secure Choice Update; Webinars Webinars; New Draft Retirement Legislation

Before I dive into a brief review of the election results and a few questions related to a new draft retirement bill that is circulating – I want to make sure you are aware of two exciting webinars coming up next week and the end of November… More

protected content Survey: Hardship Changes

Earlier this year, President Trump signed a two-year budget deal, the Bipartisan Budget Act of 2018 that included changes to retirement plans… More

protected content Illinois Secure Choice Update - Call with the State

We wrapped up a positive discussion with the State of Illinois around 5:30 p.m. EDT. In order to summarize the discussion and next steps, I’ve decided to provide you with a number of bullet points … More

protected content Update: Illinois Secure Choice

A brief update on the Secure Choice Program in the State of Illinois. We are making progress and have a meeting scheduled with Illinois at 4pm EDT tomorrow … More

protected content Support Requested with Amicus Brief Filing

ERIC has been asked to join an amicus brief to be filed in the 8th Circuit in support of a motion to dismiss by the defendants… More

protected content Update on ERIC’s Seattle Litigation

In August 2018, ERIC brought a lawsuit seeking to invalidate, based on preemption under the Employee Retirement Income Security Act, Seattle’s ordinance and implementing rules that require the payment of additional compensation to hotel employees unless the hotel employer provides a specified level of health insurance benefits at a low contribution level for the employee… More

ERIC Asks Court to Rule in Favor of ERISA

ERIC filed a motion for summary judgment in our lawsuit against the City of Seattle. In the motion ERIC argues that the Employee Retirement Income Security Act (ERISA), the federal law that enables employers to administer health and retirement benefits uniformly across the country, preempts Part 3 of the Seattle Hotel Employees Health and Safety Initiative… More

ERIC Provides Guidance on Proposed Albany Paid Sick Time Law

ERIC submitted comments to the Albany County Legislature on a proposed local law that would provide paid sick time to employees working in Albany County… More

protected content Health regulation blitz – HRAs and 1332 waivers!

Hopefully, if you are interested in state health innovations waivers under section 1332, which often are accompanied by threats to ERISA plans such as mandatory reinsurance fees, assessments on payers and the like… More

protected content Alert: New Guidance Issued on ACA Section 1332 Waivers

On October 22, the Centers for Medicare & Medicaid Services (CMS), the Department of Health and Human Services, and the Department of the Treasury issued joint guidance related to Section 1332 Waivers under the Affordable Care Act (ACA). These waivers were previously known more colloquially as “State Innovation Waivers,” but are now called “State Relief and Empowerment Waivers”… More

ERIC’s Comment Letter on Albany County Paid Sick Leave

The ERISA Industry Committee (“ERIC”) applauds your efforts to provide paid sick time to employees working in Albany County. Your proposed local law to provide access to paid sick time (“Local Law”), while well-intentioned, without small revisions will increase the compliance and financial burdens on large employers that already provide paid leave to employees in the county, the state, and other jurisdictions… More

protected content Illinois Secure Choice Update

In a prior email I mentioned that the Illinois Secure Choice Retirement Plan was sending emails to large companies requesting that the company either commence the enrollment process into the Secure Choice Plan or report that the company provides a retirement plan to employees and is exempt from the Secure Choice mandate… More

protected content PBGC Updates

The PBGC announced 2019 premiums. You can find the new premium rates HERE. The per participant premium rate increased from $74 to $80 in 2019. We will continue to advocate for passage of the Pension Budget Integrity Act, which would remove the budget gimmick currently in place that gives Congress incentive to raise premium rates even though a rate increase in not necessary… More

protected content Pre-Conference Health Update on Opioids, Surprise Bills, Caddy

Chalk this up as an ERIC win worth several billion dollars to the employer community – the President has been sent a final opioids bill (H.R. 6, the “SUPPORT for Patients and Communities Act”), and the proposed payfor that would have extended from 30 to 33 months the coordinating period during which an employer must pay for kidney dialysis patients was not included. VICTORY! So for now, we are still at 30 months for end-stage renal disease (ESRD) patients on the employer plan… but we need to stay vigilant… More

ERIC Victory: President Signs Bill Banning Pharmacy Gag Clauses

ERIC applauds lawmakers and the Administration for coming together and banning so-called “gag clauses” in group health plans and individual market health insurance plans… More

protected content IRS Guidance, Paid Leave, Illinois Secure Choice

The IRS released further guidance in relation to the Tax Cut & Jobs Act that clarified what a business can and cannot deduct for entertainment purposes… More

ERIC Confident in Lawsuit Against the City of Seattle

The City of Seattle’s request to dismiss ERIC’s lawsuit against it, will not stop ERIC from fighting the health coverage and payment mandates in Part 3 of the Seattle Hotel Employees Health and Safety Initiative… More

ERIC Fights for Solution to Multiemployer Pension Plan Crisis

ERIC signed a letter to the Joint Select Committee on Multiemployer Solvency urging the Committee to develop a comprehensive legislative solution to resolve the growing multiemployer pension plan crisis… More

protected content Retirement Legislation Advances

The Family Savings Act has passed the House of Representatives. I reported last week that this legislation included provisions related to multiple employer plans, withdrawing retirement funds to pay for expenses related to birth or adoption of a child, and universal savings accounts. In addition, the legislation included the favorable changes to non-discrimination testing for closed defined benefit plans… More

protected content Events and Notices

Happy Friday! I hope everyone had a great week. A quick update to remind all of you of some important events coming up in the next few weeks and a notice on the revised 402(f) notice… More

ERIC Sends Letter to Hill Opposing ESRD Provision in Opioids Bill

ERIC and members of the National Coalition on Benefits sent a letter reiterating our strong opposition to the end-stage renal disease (ESRD) provision in the House-passed version of the opioids bill… More

protected content Reminders, Surprise Billing, Opioids & Gag Clauses

The Senate has had a very busy week already, and ERIC has a number of opportunities for you coming up, so this will be a quick update to keep you in the loop. You probably saw that an appropriations bill passed too – one that funds the Departments of Labor and Health and Human Services, which is paired with a Continuing Resolution to keep the government from shutting down prior to the election… More

Electronic Disclosure is a Necessary Tool for Benefit Plan Sponsors

The ERISA Industry Committee is pleased the Trump Administration recognized the need to modernize how employers can send required disclosures and notices to plan recipients in its most recent Executive Order… More

protected content Quick Legislative Update, Even Quicker Balance Billing Survey

On the morning of Thursday, September 13, the House Energy and Commerce Committee unanimously approved H.R. 6733, the “Know the Cost Act of 2018.” This bill would ban pharmacy “gag clauses,” which prevent a pharmacist from telling a patient if it might be cheaper to just pay cash, rather than use their insurance… More

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