by admin | Jun 10, 2024 | Employee Benefits, ERISA
Attention Employers: Don’t Miss Your Form 5500 Deadline!
Here’s a simplified breakdown of what you need to know about filing your employee benefit plan report:
Who Needs to File?
- Employers subject to ERISA (Employee Retirement Income Security Act) with employee benefit plans, unless exempt.
What to File?
- Form 5500 (annual report) for each employee benefit plan.
When to File?
- Deadline: July 31, 2024 for calendar year plans (unless exempt).
- Extension: October 15, 2024 by filing Form 5558 with the IRS (paper form only for 2024).
Exemptions:
- Small welfare benefit plans with fewer than 100 participants (unfunded or fully insured).
Filing Electronically:
Late Filings?
Penalties:
- Up to $2,670 per day for non-filing or incomplete filings (can be waived for reasonable cause).
Visit IRS.gov for more information
by admin | Jun 3, 2024 | Employee Benefits
A Baby Boomer is someone born between 1946 and 1964. This generation is currently between 58 and 78 years old (in 2024). They tend to have a strong, loyal work ethic and excel at face-to-face communication and building relationships with colleagues. Boomers have a wealth of experience accumulated over long careers. They value jobs that allow them to leverage this experience and be seen as mentors or leaders. They are also loyal and expect loyalty in return.
Security for Boomers: Health Insurance a Top Priority
As medical expenses climb, health insurance remains a critical benefit for all ages. But for Baby Boomers nearing retirement, it takes on even greater significance. With chronic health conditions becoming more common, 71% of Boomers say health insurance is the key to achieving their financial goals. This highlights the peace of mind and financial security a robust health plan provides, allowing them to focus on enjoying their golden years without worrying about unexpected medical bills.
Boomers Say “Yes” to Wellness!
84% of Boomers actively seek out employers with wellness programs. These programs not only help control healthcare costs by keeping everyone healthier and reducing medical bills, but they also tap into Boomers’ desire to stay active and youthful. These programs offer a fun and engaging way to maintain their well-being, making them a highly valued benefit for this generation.
Why Boomers Value Flexibility and Paid Time Off
We often associate flexible work arrangements with Millennials, but don’t underestimate Boomers! A surprising 56% of Boomers value work flexibility just as much. In fact, they often prioritize it over higher salaries.
In the US, companies are getting creative to attract and retain top Baby Boomer talent. One unique approach? “Grandternity” leave. This leave allows grandparents to take time off to support their adult children when a new grandchild arrives, recognizing the expanding roles that Boomers play within families.
Another modern twist on work flexibility? Snowbird programs. These programs allow older workers to enjoy the flexibility of working remotely from two different locations throughout the year.
Imagine this: during the winter months, Boomers can choose to work from a warmer climate, giving them a taste of retirement living. This “test drive” helps ease the transition when they’re ready to fully step away from the workforce, boosting morale and overall satisfaction.
Snowbird programs and grandternity leave are just a few examples of how US companies are offering innovative benefits that cater to the desires and needs of the Boomer generation.
Boomers: Experienced and Eager to Learn
Forget the stereotype – Boomers are ready to embrace change! While they may not have grown up with today’s technology, their optimistic outlook and desire to stay relevant make them valuable assets. The key? Providing opportunities for continuous learning and development.
According to Gallup, only 30% of Boomers feel they have access to these opportunities at work. This is a missed opportunity! By investing in their ongoing professional development, you unlock the full potential of their experience and keep them engaged and motivated. This translates to a loyal and highly skilled workforce, ensuring your company stays competitive in a rapidly evolving market.
by admin | May 27, 2024 | Health & Wellness, Hot Topics
Mental health isn’t just the absence of illness. It’s a continuum ranging from severe symptoms such as panic attacks and major depression to excellent mental strength and well-being.
Sometimes you’re not ill, but you aren’t well either – and you need help. If you’re feeling down about work or a problem in your life and need to talk to somebody, an Employee Assistance Program (EAP) is a great solution.
What is an EAP?
EAPs are mental health services available at work, and they can be beneficial in helping you work through problems. An EAP provides voluntary, confidential services that help you manage personal difficulties and life challenges under the guidance of a professional counselor.
An EAP can provide counseling, support groups, and other resources to help you cope. An EAP is usually offered 24/7, so you can always access it when you need it most. These programs are usually an employee benefit offered by your employer at little or no cost to you.
Employee Assistance Programs aren’t just for crisis situations. They can also provide advice and practical support for:
The Bottom Line
EAPS offer free benefits like short-term therapy, stress management, financial counseling, and relationship support, among other services. Even though they’re short-term, EAP benefits can help you to address issues that have been building up. The end goal of an EAP is to improve your well-being, using a plan that works for your unique circumstances.
by admin | May 21, 2024 | Compliance
FEDERAL TRADE COMMISSION BANS NON-COMPETE CLAUSES
On April 23, 2024, the Federal Trade Commission (FTC) finalized a rule banning most employers and employees from entering into non-compete clauses, effective 120 days post-publication in the Federal Register. This move aims to eliminate these clauses across all levels of workers, with a narrow exception for senior executives’ pre-existing agreements.
The rule broadly defines non-compete clauses, including any terms that prevent or penalize employees from seeking employment elsewhere after their current employment ends. It also outlaws “forfeiture-for-competition” clauses, where employees must choose between severance and working for a competitor.
Moreover, the rule mandates that employers notify all employees, except senior executives, that their non-compete clauses are no longer enforceable, providing suggested language for such notifications.
An exception remains for non-compete clauses entered into during the bona fide sale of a business, which now potentially includes certain employee scenarios.
EMPLOYER CONSIDERATIONS
This rule marks a significant shift in U.S. employment practice, and employers are urged to reassess their compensation and retention strategies immediately.
PORTAL OPEN FOR RXDC SUBMISSIONS
On April 10, 2024, the Centers for Medicare and Medicaid Services (CMS) announced through its RegTap portal that the Health Insurance Oversight System (HIOS) is now open to Prescription Drug Data Collection (RxDC) submissions for 2023. Any plan sponsor submitting the RxDC report on its own must be registered with HIOS.
CMS has provided several resources for navigating the registration process:
HIOS Access Training
HIOS Access RxDC User Guide
RxDC User Manual
EMPLOYER CONSIDERATIONS
While this is a one-time registration, the first time can take several weeks, so plan sponsors are encouraged to register early. The 2023 reference year submission is due June 1, 2024.
PREGNANT WORKERS FAIRNESS ACT ISSUED
On April 15, 2024, The Equal Employment Opportunity Commission (EEOC) issued final regulations for the Pregnant Workers Fairness Act (PWFA), effective June 18, 2024. This law mandates that employers with 15 or more employees must handle accommodation requests for pregnancy, childbirth, or related conditions as they would under the Americans with Disabilities Act (ADA).
Key aspects of the PWFA include a broad definition of “pregnancy, childbirth, or related medical conditions” that covers a wide range of situations from fertility treatments to lactation. Employers are required to provide reasonable accommodations, which might include job restructuring, flexible working hours, and modifications to the work environment, among others.
The regulations emphasize that accommodations need not be based on the severity of conditions, and employers can deny accommodations only if they pose an undue hardship, which must be carefully assessed through an interactive process.
EMPLOYER CONSIDERATIONS
Employers should review and update their HR policies and training to ensure compliance with the PWFA, considering any additional local or state regulations.
2024 PRIVACY RULE AMENDED TO STRENGTHEN PROTECTIONS FOR HIGHLY SENSITIVE PHI
On April 22, 2024, the Department of Health and Human Services (HHS) introduced new regulations under the Health Insurance Portability and Accountability Act (HIPAA) to safeguard protected health information (PHI) related to reproductive health care. This action follows concerns that PHI could be misused under new state laws following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. This regulatory update aims to preserve patient confidentiality and uphold individuals’ rights under shifting legal landscapes in reproductive health.
Key features of these regulations include:
- Enhanced P\protection of PHI: The new rule prevents regulated entities, like healthcare providers and health plans, from using or disclosing PHI to investigate or penalize individuals or providers related to lawful reproductive healthcare.
- Definition of reproductive health care: The scope covers a broad range of services, including contraception, prenatal care, pregnancy termination, and fertility treatments, among others.
- Attestation requirement: Regulated entities must obtain a signed attestation confirming that any request for PHI is not for the purpose of investigating or penalizing lawful reproductive health care.
- Updated Notice of Privacy Practices (NPP): Covered entities are required to revise their NPPs to clearly inform individuals about the use and disclosure of their PHI concerning reproductive health care, with updates to be completed by February 16, 2026.
EMPLOYER CONSIDERATIONS
It’s crucial to stay updated with HHS guidance, ensure NPPs are current, and consult legal counsel when handling PHI related to reproductive health care.
HARASSMENT PREVENTION GUIDANCE RELEASED
The Equal Employment Opportunity Commission (EEOC) has recently published final enforcement guidance on workplace harassment. This comprehensive document updates and consolidates previous guidance from 1987 to 1999 into a unified resource that reflects changes in law and evolving workplace dynamics, including virtual environments and the influence of digital technology.
Key highlights of the guidance:
- Protection from harassment: It reaffirms that federal laws protect employees from harassment based on race, color, religion, sex, national origin, disability, age (40 or over), or genetic information.
- Scope of harassment: Harassment can occur not only between coworkers and supervisors but also through interactions with customers, contractors, and other third parties.
- Legal and technological updates: The guidance incorporates recent legal precedents, such as the Supreme Court’s decision in Bostock v. Clayton County and addresses new challenges like online harassment.
EMPLOYER CONSIDERATIONS
Employers should review the Summary of Key Provisions, and consider whether their employees may experience barriers to understanding the law. Employers should:
- Have a clear, easy-to-understand anti-harassment policy.
- Have a safe and effective procedure that employees can use to report harassment, including more than one option for reporting.
- Provide recurring training to all employees, including supervisors and managers, about the company’s anti-harassment policy and complaint process.
- Take steps to make sure the anti-harassment policy is being followed and the complaint process is working.
QUESTION OF THE MONTH
Q: If an enrolled employee’s dependent loses coverage and needs to enroll under the employee’s plan, is that an opportunity to switch medical plans and carriers, or are they restricted to their current plan?
A: The employee can enroll the dependent in any plan option offered by the employee’s employer. This is a HIPAA special enrollment right and the right extends to any benefit plan option, even if the employee was not previously on that option.
Here is an example from the HIPAA special enrollment regulations:
Facts. Individual A works for Employer X. X maintains a group health plan with two benefit packages—an HMO option and an indemnity option. Self-only and family coverage are available under both options. A enrolls for self-only coverage in the HMO option. A’s spouse works for Employer Y and was enrolled for self-only coverage under Y’s plan at the time coverage was offered under X’s plan. Then, A’s spouse loses coverage under Y’s plan. A requests special enrollment for A and A’s spouse under the plan’s indemnity option.
Conclusion. In this example, because A’s spouse satisfies the conditions for special enrollment under paragraph (a)(2)(ii) of this section, both A and A’s spouse can enroll in either benefit package under X’s plan. Therefore, if A requests enrollment in accordance with the requirements of this section, the plan must allow A and A’s spouse to enroll in the indemnity option.
This information is general in nature and provided for educational purposes only. It is not intended to provide legal advice. You should not act on this information without consulting legal counsel or other knowledgeable advisors.
©2024 United Benefit Advisors
by admin | May 13, 2024 | Health & Wellness
Overview
Mental health includes emotional, psychological, and social well-being. It is more than the absence of a mental illness—it’s essential to your overall health and quality of life. Self-care can play a role in maintaining your mental health and help support your treatment and recovery if you have a mental illness.
How can I take care of my mental health?
Self-care means taking the time to do things that help you live well and improve both your physical health and mental health. This can help you manage stress, lower your risk of illness, and increase your energy. Even small acts of self-care in your daily life can have a big impact.
Here are some self-care tips:
- Get regular exercise. Just 30 minutes of walking every day can boost your mood and improve your health. Small amounts of exercise add up, so don’t be discouraged if you can’t do 30 minutes at one time.
- Eat healthy, regular meals and stay hydrated. A balanced diet and plenty of water can improve your energy and focus throughout the day. Pay attention to your intake of caffeine and alcohol and how they affect your mood and well-being—for some, decreasing caffeine and alcohol consumption can be helpful.
- Make sleep a priority. Stick to a schedule, and make sure you’re getting enough sleep. Blue light from devices and screens can make it harder to fall asleep, so reduce blue light exposure from your phone or computer before bedtime.
- Try a relaxing activity. Explore relaxation or wellness programs or apps, which may incorporate meditation, muscle relaxation, or breathing exercises. Schedule regular times for these and other healthy activities you enjoy, such as listening to music, reading, spending time in nature, and engaging in low-stress hobbies.
- Set goals and priorities. Decide what must get done now and what can wait. Learn to say “no” to new tasks if you start to feel like you’re taking on too much. Try to appreciate what you have accomplished at the end of the day.
- Practice gratitude. Remind yourself daily of things you are grateful for. Be specific. Write them down or replay them in your mind.
- Focus on positivity. Identify and challenge your negative and unhelpful thoughts.
- Stay connected. Reach out to friends or family members who can provide emotional support and practical help.
Self-care looks different for everyone, and it is important to find what you need and enjoy. It may take trial and error to discover what works best for you.
Learn more about healthy practices for your mind and body .
When should I seek professional help?
Seek professional help if you are experiencing severe or distressing symptoms that have lasted 2 weeks or more, such as:
- Difficulty sleeping
- Changes in appetite or unplanned weight changes
- Difficulty getting out of bed in the morning because of mood
- Difficulty concentrating
- Loss of interest in things you usually find enjoyable
- Inability to complete usual tasks and activities
- Feelings of irritability, frustration, or restlessness
How can I find help?
Originally posted on National Institute of Mental Health
