In response to the COVID-19 pandemic, the IRS has automatically extended the deadline for certain retirement and welfare plans to file Form 5500. IRS Notice 2020-23 provides that tax returns, including Forms 5500, that are required to be filed on or after April 1, 2020 and before July 14, 2020
FAQs Provide Guidance on COVID-19 Testing and Diagnosis Requirements Affecting Employer Health Plans
The Departments of Labor, Health and Human Services and Treasury (collectively, the “Departments”) jointly issued FAQ guidance regarding implementation of the health coverage provisions under the Families First Coronavirus Response Act (“FFCRA”) and the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”).
FFCRA, as amended by the CARES Act,…
IRS Takes the Position That No Statute of Limitations for ACA Employer Shared Responsibility Payments
In a surprising memo from the IRS Office of Chief Counsel, the IRS concluded that there is no statute of limitations period on the Employer Shared Responsibility Payments (“ESRP”) under the Affordable Care Act. The IRS reasoned that the filing of Forms 1094-C and 1095-C (“ACA Returns”) does not start…
ISS and Glass Lewis Present Guidance for Corporate Governance During COVID-19
Public companies and their boards can look to the recently released guidance of ISS and Glass Lewis when considering best therapies to address corporate governance and broader environmental, social and governance issues. The prominent proxy advisors address, among other things, issues affecting annual general meetings, board composition, and executive compensation. …
The CARES Act Allows High-Deductible Health Plans to Temporarily Provide No-Cost Telehealth Services
As we noted in our March 13, 2020 blog post, the Internal Revenue Service advised in IRS Notice 2020-15 that a high-deductible health plan (HDHP) is permitted to pay for COVID-19-related testing and treatment, without jeopardizing its status as an HDHP.
The Coronavirus Aid, Relief and Economic Security Act…
Hang on to Those Pharmacy Receipts: The CARES Act Changes OTC Rules for FSAs, HSAs, and HRAs
The Coronavirus Aid, Relief and Economic Security Act (CARES Act), which was signed into law by President Trump on March 27, 2020, authorizes more than $2 trillion of economic relief for individuals, businesses and industries impacted by the COVID-19 pandemic.
Buried in the CARES Act is a provision allowing employees…
Governance Issues for Retirement Plan Sponsors Due to “Opt-Out” Amendments
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act”, into law. We discussed the employee benefit plan provisions included in the CARES Act in our Quick Study published last week, which can be found here. For sponsors of defined…
Addressing Impacts on Group Health Plan Coverage Caused by COVID-19 Employment Changes
This article provides practical guidance regarding how employers should address eligibility and coverage issues under their group health plans resulting from the coronavirus (also known as COVID-19). For more information on legal issues relating to the coronavirus, see Coronavirus (COVID-19) Resource Site.
To avoid drastic options like mass layoffs…
COVID-19 and Your Benefit Plans: What You Need to Know Now
In a matter of a few weeks, the COVID-19 pandemic has caused drastic changes to our businesses and personal lives. The effects are already substantial, from those personally affected by illness and shelter-in-place orders to companies seeing sharp declines in business activity. Although your to-do list may be long, we…
Employers May Offer Tax-Free Financial Assistance to Employees Affected By Coronavirus under Internal Revenue Code Section 139
On March 13, 2020, President Trump declared a national emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the “Stafford Act”) in response to the Coronavirus Disease 19, or COVID-19. This declaration allows employers to make qualified disaster relief payments to employees affected by COVID-19 on a…