On February 4, 2022, the Departments of Labor, Health and Human Services and the Treasury (the “Departments”) released additional Frequently Asked Questions (FAQs) regarding group health plan coverage of over-the-counter at-home COVID-19 tests (OTC Tests) plans, without participant cost-sharing, ‎preauthorization, or medical management.  The February FAQs provide clarification on the…

Beginning January 15, 2022, and continuing throughout the duration of the public health emergency, group health plans and insurers are required to cover over-the-counter (OTC) at-home COVID-19 ‎tests (OTC Tests), including tests not ordered by a ‎health care provider, without participant cost-sharing, preauthorization, or medical management, according to Frequently Asked…

The Infrastructure Investment and Jobs Act (the “IIJA”), which was signed by President Biden on November 15, 2021, retroactively eliminates an employer’s ability to claim the employee retention credit (“ERC”) for eligible wages paid during the fourth quarter of 2021. The repeal of the ERC by the IIJA affects all…

The Internal Revenue Service announced the 2022 cost-of-living adjustments to the dollar limitations for qualified retirement plans and other benefits, and the Social Security Administration announced its own cost-of-living adjustments for 2022.  Most of the dollar limits, including the elective deferral contribution limit for 401(k), 403(b) and 457(b) plans, the…

In our September 2, 2021 QuickStudy, we outlined the various laws governing wellness plans and described how group health plans might structure a premium surcharge for employees who have not received the COVID-19 vaccine to fit within such existing rules. This week, the Departments of Labor, Health and Human Services,…

The Internal Revenue Service recently announced that electronic or digital signatures will be accepted for Code Section 83(b) elections.  This relief is part of the IRS’s response to the COVID-19 pandemic and is temporary.

Background

Taxpayers receiving grants of restricted stock typically recognize taxable income in connection with such grants…

As discussed in our prior posts here, here and here, the American Rescue Plan Act of 2021 provides a 100% COBRA premium subsidy for continuation coverage between April 1 and September 30, 2021 for certain assistance eligible individuals (AEIs).  With the COBRA subsidy period set to expire on…

On August 23, 2021, the U.S. Food and Drug Administration approved the first COVID-19 vaccine for the prevention of COVID-19 disease in individuals 16 years of age and older. The vaccine, which has been referred to as the Pfizer-BioNTech COVID-19 Vaccine and has been available only under an emergency use…

The U.S. Department of Labor (“DOL”) recently issued guidance on best practices for maintaining cybersecurity directed to plan sponsors, fiduciaries, record-keepers and participants of employee benefit plans governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).  While some prior cybersecurity guidance has been issued for certain…