Many 401(k) plans allow loans to participants. However, failure to properly administer plan loans is a common 401(k) compliance issue. Before distributing loans to participants, plan sponsors should ensure that their plan document: (i) allows plan loans and (ii) appropriately reflects the requirements prescribed under Internal Revenue Code (the “Code”) Section 72(p). What are the loan requirements under the Read More
Business Associates and Business Associate Contracts
An HR Director recently asked me (i) how to determine if an entity is a business associate and (ii) what terms should be included in a business associate agreement? Who is a Business Associate? Generally, a business associate is a person who, on behalf of a health plan, and in a capacity other than as part of the covered entity’s workforce: performs or assists in performing a function or activity involving the Read More
Frequency of HIPAA Privacy Training
I was recently asked how often an employer is required to provide HIPAA privacy training to employees. It does not appear that the regulations specify a certain training frequency or content. Instead, the regulations generally state that a "covered entity" train all members of it's workforce on the covered entity's privacy policies and procedures, as necessary and appropriate for the members of the workforce to Read More
Lexology
IRS Issues Guidance on health flexible spending account limits and seeks comments on “use it or lose it” rule. Read Article Read More
Lexology
Filing and Notice Deadlines for qualified retirement and health and welfare plans. Read Article Read More
International Pension Lawyer
U.S. Health Care Reform: One Year Later, (International Pension & Employee Benefits Lawyers Association), (Vol. 73) Read More
Lexology
Impact of New York’s same-sex marriage law on employee benefits and related tax issues. Read Article Read More
Benefits & Compensation Law Alert
"A Look at the PPACA's New Group Health Plan Claims Review Procedures" Read More
