This document summarizes the key compliance requirements and updates related to the Affordable Care Act (ACA) for 2016. It discusses ongoing employer responsibilities under the employer mandate, measurement periods for determining employee status, reporting requirements, and penalties for noncompliance. It also outlines delays and potential repeals of certain ACA provisions and compliance tips for employers, such as maintaining documentation and ensuring plan documents are updated. The impact of the ACA to date on employers and uncertainty around the future of the law given the political environment are also addressed.
This year, we are proud to be back in person for the fifth annual Manufacturing Education Day on October 29, 2021. As the year comes to an end Rea & Associates is thrilled to bring together top industry experts to support the ongoing success of the manufacturing industry.
Whether you manufacture pallets, pivoted your core products, or are looking for great insight, register today to ensure you don’t miss this essential event!
HR Webianr: OSHA Reporting and Employee Record-KeepingAscentis
On January 24, 2019, during the longest partial shutdown of the U.S. federal government in history, US Labor Secretary Alexander Acosta issued a rollback of 2016 OSHA regulations which would have required electronic reporting of key information relating to workplace injuries on OSHA Forms 300 and 301, on the basis that such reporting would "violate the privacy of individual employees." With the annual OSHA 300A reporting deadline of March 2, 2019 fast approaching, which health and safety recordkeeping and reporting requirements remain for employers of various sizes, and how can we best comply with them?
HKP is your comprehensive workforce solution offering a menu of solutions from one provider. HKP’s total human capital management solution, iSolved, has all of your HR and benefits management needs covered. For More Details Visit: https://www.hkpayroll.com/
Many people believe that their employment status is very black and white. But what about this gray area where you aren’t sure if you are an employee or if you are an independent contractor? Don’t worry. Either way, you are still employed. The only difference is whether you are self employed or not.
According to the IRS, Doctors, “dentists, vets, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors.”
But what makes these people independent contractors? Aren’t there people with those professions that are considered to be employees? If you have been wondering or fretting about this, fret no more. For a better understanding of what makes someone employed vs. self employed, simply keep reading!
This year, we are proud to be back in person for the fifth annual Manufacturing Education Day on October 29, 2021. As the year comes to an end Rea & Associates is thrilled to bring together top industry experts to support the ongoing success of the manufacturing industry.
Whether you manufacture pallets, pivoted your core products, or are looking for great insight, register today to ensure you don’t miss this essential event!
HR Webianr: OSHA Reporting and Employee Record-KeepingAscentis
On January 24, 2019, during the longest partial shutdown of the U.S. federal government in history, US Labor Secretary Alexander Acosta issued a rollback of 2016 OSHA regulations which would have required electronic reporting of key information relating to workplace injuries on OSHA Forms 300 and 301, on the basis that such reporting would "violate the privacy of individual employees." With the annual OSHA 300A reporting deadline of March 2, 2019 fast approaching, which health and safety recordkeeping and reporting requirements remain for employers of various sizes, and how can we best comply with them?
HKP is your comprehensive workforce solution offering a menu of solutions from one provider. HKP’s total human capital management solution, iSolved, has all of your HR and benefits management needs covered. For More Details Visit: https://www.hkpayroll.com/
Many people believe that their employment status is very black and white. But what about this gray area where you aren’t sure if you are an employee or if you are an independent contractor? Don’t worry. Either way, you are still employed. The only difference is whether you are self employed or not.
According to the IRS, Doctors, “dentists, vets, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors.”
But what makes these people independent contractors? Aren’t there people with those professions that are considered to be employees? If you have been wondering or fretting about this, fret no more. For a better understanding of what makes someone employed vs. self employed, simply keep reading!
Employee vs. Independent Contractor - How to Differentiate and Avoid Penalties?benefitexpress
This presentation reviews: which factors the IRS uses to determine common law employee status | how does this affect compliance with ACA | what penalties may apply.
These are the slides from a presentation I made at the 2011 HRO Summit in Singapore on the 12th of May. The information will be interesting to any HR Leader with responsibility for HR Compliance in the APAC region.
HR compliance update is essential for keeping up with ever-changing laws and regulations. Start 2020 confident you can handle the questions from supervisors, employees, and corporate leaders about employment law changes.
A Guide to Combating Wage & Hour LiabilityKendal Peterson
The Department of Labor (DOL) estimates that 80%+ of employers are out of compliance with federal and state wage and hour laws. It’s no surprise that wage and hour class actions now outnumber all other discrimination class actions combined.
2010 has seen no letup in wage and hour lawsuits. Published reports show that wage and hour lawsuits in federal courts are up over 25% from the same time last year. Adding fuel to the fire, the DOL has a bigger budget and hundreds of additional field investigators. With settlements already averaging $23.5M at the federal level and $24.4M at the state level, the potential impact to employers is staggering.
The DOL has published its final rules on Exemption and New Overtime Rules which President Obama predicts 4 to 5 million additional workers will be eligible for overtime pay. The effective date for the new rules is December 1, 2016 and healthcare employers need to start now to assess their current position classification levels and understand the various options to ensure compliance of the new rules by the effective date. This webinar will provide insight to the current and new rules and steps a healthcare employer will need to take to meet the new rules.
Compliance HR Webinar: Working On OvertimeCHRJenn26
Preparing for DOL's Changes To The FLSA Overtime Regulations
Slides by:
Lori Brown, President, ComplianceHR &
Tammy McCutchen, Vice President & Managing Director, Strategic Solutions for ComplianceHR, principal at Littler, and former Administrator of the U.S. Department of Labor’s Wage and Hour Division.
This presentation explains the distinction between independent contractors and employees and advises employers how to avoid the costly errors of misclassifying employees as contractors.
HR Webinar: The American Rescue Plan Act of 2021: New Employer Opportunities ...Ascentis
On March 11, 2021, President Biden signed into law H.R. 1319, the “American Rescue Plan Act of 2021” (APRA). The latest in an extended series of COVID-19 economic relief bills, with a price tag of $1.9 trillion and weighing in at an impressive 628 pages, ARPA will bring cumulative US federal pandemic relief spending to approximately $5.7 trillion. While the new law’s consumer provisions – like direct stimulus payments to about 89% of US taxpayers, extended unemployment benefits, and increased child tax credits – have gotten almost all the press coverage related to this law, as with prior laws (FFCRA, CARES Act, CAA) there are many employer-impacting provisions that have so far “flown under the radar.”
At Ascentis, we’ve hauled out our trusty “HCM radar detector” to hone in on just those provisions which may impact and delight (or maybe not?) employers, and the HR community, around the country.
Underpayment of wages is not a new phenomenon. However, the recent proliferation of what is being called
wage theft is occurring across a range of occupations, labour market segments and
business models.
Employers who underpay workers could be forced to name and shame themselves with public signs admitting their wage theft as part of industrial relations reforms Attorney-General Christian Porter is considering.
Businesses which fail to prevent wage underpayment could also be banned from hiring migrant workers for a period of time, and company directors disqualified from holding office.
Compliance with New DOL Regulations re Oil & Gas White-Collar Overtime Exempt...Marcellus Drilling News
A handy guide from the lawyers at K&L Gates to help companies in the oil and gas space with compliance for draconian new regulations issue by the Obama Dept. of Labor on May 18, 2016. Companies have until Dec. 1, 2016 to begin compliance. Essentially the DOL doubled the minimum salary level for white collar employees, meaning many more employees who work over 40 hours a week, even though white collar, must now be paid overtime.
Payroll Webinar: What You Need to Know about Benefits TaxationAscentis
You will learn the payroll department’s responsibilities pertaining to the set-up of employee benefits, including retirement, health and welfare and other benefits. You will learn what payroll department staff need to know when tax withholding needs to occur and how to communicate the tax withholding effectively to employees. Learn how to be proactive on employee taxation issues with management and prevent surprises.
TOPICS
- Changes to rules regarding who is eligible for overtime and opportunities for compliance
- Chicago’s new family & sick leave law ordinance
- New EEOC guidance on reasonable accommodations and when leave must be provided
- Changes in joint employment standards that could make you liable for other companies’ actions
- New wellness program requirements
- The Defend Trade Secrets Act and new "magic language" for employee agreements
- EEOC pay reporting requirements
- and more…
Employee vs. Independent Contractor - How to Differentiate and Avoid Penalties?benefitexpress
This presentation reviews: which factors the IRS uses to determine common law employee status | how does this affect compliance with ACA | what penalties may apply.
These are the slides from a presentation I made at the 2011 HRO Summit in Singapore on the 12th of May. The information will be interesting to any HR Leader with responsibility for HR Compliance in the APAC region.
HR compliance update is essential for keeping up with ever-changing laws and regulations. Start 2020 confident you can handle the questions from supervisors, employees, and corporate leaders about employment law changes.
A Guide to Combating Wage & Hour LiabilityKendal Peterson
The Department of Labor (DOL) estimates that 80%+ of employers are out of compliance with federal and state wage and hour laws. It’s no surprise that wage and hour class actions now outnumber all other discrimination class actions combined.
2010 has seen no letup in wage and hour lawsuits. Published reports show that wage and hour lawsuits in federal courts are up over 25% from the same time last year. Adding fuel to the fire, the DOL has a bigger budget and hundreds of additional field investigators. With settlements already averaging $23.5M at the federal level and $24.4M at the state level, the potential impact to employers is staggering.
The DOL has published its final rules on Exemption and New Overtime Rules which President Obama predicts 4 to 5 million additional workers will be eligible for overtime pay. The effective date for the new rules is December 1, 2016 and healthcare employers need to start now to assess their current position classification levels and understand the various options to ensure compliance of the new rules by the effective date. This webinar will provide insight to the current and new rules and steps a healthcare employer will need to take to meet the new rules.
Compliance HR Webinar: Working On OvertimeCHRJenn26
Preparing for DOL's Changes To The FLSA Overtime Regulations
Slides by:
Lori Brown, President, ComplianceHR &
Tammy McCutchen, Vice President & Managing Director, Strategic Solutions for ComplianceHR, principal at Littler, and former Administrator of the U.S. Department of Labor’s Wage and Hour Division.
This presentation explains the distinction between independent contractors and employees and advises employers how to avoid the costly errors of misclassifying employees as contractors.
HR Webinar: The American Rescue Plan Act of 2021: New Employer Opportunities ...Ascentis
On March 11, 2021, President Biden signed into law H.R. 1319, the “American Rescue Plan Act of 2021” (APRA). The latest in an extended series of COVID-19 economic relief bills, with a price tag of $1.9 trillion and weighing in at an impressive 628 pages, ARPA will bring cumulative US federal pandemic relief spending to approximately $5.7 trillion. While the new law’s consumer provisions – like direct stimulus payments to about 89% of US taxpayers, extended unemployment benefits, and increased child tax credits – have gotten almost all the press coverage related to this law, as with prior laws (FFCRA, CARES Act, CAA) there are many employer-impacting provisions that have so far “flown under the radar.”
At Ascentis, we’ve hauled out our trusty “HCM radar detector” to hone in on just those provisions which may impact and delight (or maybe not?) employers, and the HR community, around the country.
Underpayment of wages is not a new phenomenon. However, the recent proliferation of what is being called
wage theft is occurring across a range of occupations, labour market segments and
business models.
Employers who underpay workers could be forced to name and shame themselves with public signs admitting their wage theft as part of industrial relations reforms Attorney-General Christian Porter is considering.
Businesses which fail to prevent wage underpayment could also be banned from hiring migrant workers for a period of time, and company directors disqualified from holding office.
Compliance with New DOL Regulations re Oil & Gas White-Collar Overtime Exempt...Marcellus Drilling News
A handy guide from the lawyers at K&L Gates to help companies in the oil and gas space with compliance for draconian new regulations issue by the Obama Dept. of Labor on May 18, 2016. Companies have until Dec. 1, 2016 to begin compliance. Essentially the DOL doubled the minimum salary level for white collar employees, meaning many more employees who work over 40 hours a week, even though white collar, must now be paid overtime.
Payroll Webinar: What You Need to Know about Benefits TaxationAscentis
You will learn the payroll department’s responsibilities pertaining to the set-up of employee benefits, including retirement, health and welfare and other benefits. You will learn what payroll department staff need to know when tax withholding needs to occur and how to communicate the tax withholding effectively to employees. Learn how to be proactive on employee taxation issues with management and prevent surprises.
TOPICS
- Changes to rules regarding who is eligible for overtime and opportunities for compliance
- Chicago’s new family & sick leave law ordinance
- New EEOC guidance on reasonable accommodations and when leave must be provided
- Changes in joint employment standards that could make you liable for other companies’ actions
- New wellness program requirements
- The Defend Trade Secrets Act and new "magic language" for employee agreements
- EEOC pay reporting requirements
- and more…
How to Successfully Navigate the Latest Changes to the Affordable Care ActNationalUnderwriter
From ALM's National Underwriter comes a timely and necessary ACA presentation covering:
Employer Mandate Penalties
• Reporting Requirements
• Small Business Health Options (SHOP) Changes
• Cadillac Tax Delay
• Delay of Menu Labeling Rule
• Other Affordable Care Act Changes
• Changes to IRS Forms
• Statistics
Final regulations recently announced by the Obama Administration give two levels of delay to employers who had previously been required to offer insurance coverage to their employees next year. With this second round of delays, come a second wave of questions from employers.
This week, Attorney Michael James and Rehmann Group’s Don McAnelly addressed key Affordable Care Act regulations and deadlines in a webinar.
ADP Totalsource - Affordable Care Act Reporting and ComplianceTom Rehnberg
The Affordable Care Act represents a huge administrative burden this coming year and businesses are looking for a solution. The ADP Totalsource platform has the ability to relieve this new compliance burden to keep companies from risk of audits and penalties.
Affordable Care Act: Overview of New Requirements for 2015Sikich LLP
2015 is the first year employers can be fined for not complying with the reporting requirements set out by the Affordable Care Act (Obamacare). Get an overview of these new requirements in this eBook
Ted Ginsburg, CPA, JD from Skoda Minotti's Employee Benefits group provides an update on the Affordable Care Act (ACA) for employers who were not subject to it in 2015, but are facing IRS filing requirements moving forward.
An Employer's Obligations & Opportunities Under The Affordable Care ActMcKonly & Asbury, LLP
The presentation will concentrate on employers with 50+ employees and focus on the following: What is an “Applicable Large Employer”; Calculating the number of fulltime employees eligible for coverage and how to determine when coverage begins; Measurement periods for on-going and variable hour employees; Does their health plan provides “minimum” and “affordable coverage.”
The Affordable Care Act (“ACA”) is currently effective for employers who had 100 or more full time equivalent employees (FTEs) in 2014. Employers who have 50 or more FTEs in 2015 will be subject to the ACA on January 1, 2016
Healthcare Reform: A Practical and Strategic Look at the ImpactSikich LLP
These slides cover the information below. You can also view the live recording of this video here:
https://vimeo.com/69172281
- What we know today about healthcare reform
- Healthcare reform's impact on payroll, HR, and benefits
- Notice of Exchanges
- Updated COBRA notice
- Employer mandates
- Wage and hour update
- Areas of focus for 2013 and beyond
The Payroll and HR Technology Toolkit for Managing the ACAAPS
Since the signing of the Affordable Care Act (ACA) in 2010, employers have seen many changes occur. The most significant mandates will be rolling out in 2015 and will affect all employers one way or another. While many employers may know what steps need to be taken to prepare, they may not understand how these mandates will change their business policies on a granular level.
The Payroll and HR Technology Toolkit for Managing the ACAAPS
Since the signing of the Affordable Care Act (ACA) in 2010, employers have seen many changes occur. The most significant mandates will be rolling out in 2014 and will affect all employers one way or another. While many employers may know what steps need to be taken to prepare, they may not understand how these mandates will change their business policies on a granular level.
The ACA has many employers in a frenzy over how to handle the tracking and reporting of employee hours of service, whether to provide coverage to all full-time employees or pay penalties, and where to even begin tracking and managing for these looming provisions.
These provisions will require employers to completely rethink their business processes and will require much more time spent on tracking and reporting. This will be very challenging, particularly for employers using manual processes, spreadsheets, or older systems for tracking employee information. As a result, applicable large employers are recognizing the importance of having a streamlined system in place to make these tasks more manageable.
In this webinar, we will discuss the challenges many employers face with impending ACA mandates going into effect next year, as well as solutions to help applicable large employers meet these challenges head on, streamline the processes that will be involved, and win the compliance battle. These requirements are not going away, so it is vital to start assessing how these challenges in tracking and reporting will be handled, as well what strategy your company will adopt.
Health Care Reform and the Basics of BenefitsBeyondPay
This webinar will answer questions you have about the insurance you offer employees. It covers all things ACA and benefits administration, including COBRA, ERISSA, and HIPAA. Don't miss the latest ACA updates in 2016 to find out how they will affect you and your company.
ACA TRACK is a end to end solution that provides variable hour, part-time and seasonal employee tracking. ACA TRACK automatically provides notification of coverage for newly eligible employees and digitally tracks the delivery and acceptance. In addition, ACA TRACK will track all data (Payroll, Eligibility and LOA) and complete the 1094-C for employers. ACA TRACK provides a live dashboard which will financially project future cost based on current and trending work hours.
Don't fall in the trap of "We can do ACA Compliance" make sure you have a end to end solution.
www.acatrack.net
888-603-4289
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
1. 2016 ACA UPDATE
Birmingham Society for
Human Resource Management
Annual Legal Update
Dana L. Thrasher
Constangy, Brooks, Smith & Prophete LLP
(205) 226-5464
dthrasher@constangy.com
2. Setting the Stage
•Current compliance requirements for 2016
•Delay/repeal of ACA requirements
•Impact of ACA to date
•Political situation – November 2016 elections
•Compliance tips/best practices
3. 2016 ACA Compliance
•Phase-in of requirements since 2010
•Most requirements are now in effect
•Continued focus on employer shared responsibility
provisions
•Dealing with the reporting requirements and
corrections
•Implementing and improving processes for
compliance
4. 2016 ACA Compliance
•Employer shared responsibility provisions (employer
mandate)
Employer must offer minimum essential coverage
that is affordable and provides minimum value to
full time employees working 30 hours per week or
more
Employers with 50 or more full time employees
(aggregating part-time employees to determine
FTE equivalents) are subject to the employer
mandate
5. 2016 ACA Compliance
•Consider controlled group analysis and impact
•Carefully review worker classifications – correct
classification is key for ACA compliance (full time,
part time, variable hour, seasonal)
•Are independent contractors correctly classified?
•Leased employees, those hired through agencies,
etc. may count
6. 2016 ACA Compliance
•Determine whether monthly measurement
period or lookback measurement period is
best
•Understand measurement periods for new
hires and ongoing employees
•Follow special rules when employees change
classifications or are rehired
7. 2016 ACA Compliance
•Determine which safe harbor will be used for the
affordability calculation – W-2, rate of pay,
federal poverty line
•Document either (i) that the employer is paying
the employer mandate penalty for all full time
employees minus 30, (ii) the employer is
providing ACA compliant coverage that is
affordable, or (iii) that the employer is providing
ACA compliant coverage that may not be
affordable for all (risk of $3,000 penalty)
8. 2016 ACA Compliance
•Carefully review compliance with the
“minimum value,” “minimum essential
coverage,” and “affordability” requirements
•Recent guidance affects these determinations
– particularly use of “skinny plans” with
limited benefits
9. 2016 ACA Compliance
•Employer mandate penalties will be
assessed based on tax filings (employer
and individual)
•Penalties are significant!
10. 2016 ACA COMPLIANCE
•Increase in out of pocket maximum ($6,850
for individual coverage and $13,700 for
family coverage)
11. 2016 ACA COMPLIANCE
•Small employers are now defined as businesses with
1 to 100 full time equivalent employees for some
purposes.
•This will affect insurance rating (applying “small
employer” age-banding rules to employers with
51-100 employees instead of the large employer
rules that considered claims experience, location,
etc.).
•Employers may be able to keep the large employer
rules by renewing existing coverage by October
2016.
12. 2016 ACA COMPLIANCE
•Employers with 51-100 employees may now
use the Small Business Health Options
Program (SHOP), depending on the laws of
each state.
13. 2016 ACA Compliance
•Section 6055 and 6056 reporting
•Employers with 50 or more employees must
comply
•Form 1095-C is issued by an employer to
employees annually (by January 31) to provide
information about employment and the offer of
health coverage
•Employer transmits all 1095-C forms to IRS
with Form 1094-C
14. 2016 ACA Compliance
•Section 6055 and 6056 reporting
•Insurers provide the “B forms”
•Deadline for providing forms to employees and
to IRS was extended for 2016 (brief reprieve)
• March 31st (rather than January 31) for providing
forms to employees
• May 31st (June 30th if filing electronically) for
providing forms to the government
• Remedial correction periods also apply
15. 2016 ACA Compliance
•Forms are confusing – codes, etc.
•Any mistakes in the forms must be corrected
quickly (reduced penalties for a limited
period of time)
•Undeliverables - retain evidence of attempts
to provide forms; establish that the employer
made good faith, reasonable efforts to deliver
forms
•Retain copies of documentation
16. Delay/Repeal of ACA Provisions
•Significant delays/repeals address some
problem areas of the ACA and may
significantly affect the effectiveness of
the law
•Delay in excise tax on high-cost health
plans (“Cadillac Tax”) delayed until
2020, and excise tax will be deductible
17. Delay/Repeal of ACA Provisions
•Cadillac Tax Delay
•Applies to plans that cost $10,200 or more for
individual coverage or $27,500 or more for
family coverage
•Originally scheduled to be effective in 2018
•Delays receipt of funding likely needed to
support ACA costs
•Delay gives more time to fight for repeal of the
tax
18. Delay/Repeal of ACA Provisions
•Repeal of Automatic Enrollment
•Employers with more than 200 full time
employees would have been required to
automatically enroll employees in coverage
subject to an opt-out right
•Eliminates a significant burden for employers
•Likely impact is to reduce the number of
employees who elect coverage – assuming that
automatic enrollment would have been effective
to increase the number of employees covered
19. Delay/Repeal of ACA Provisions
•Nondiscrimination requirements for fully
insured plans – still waiting on guidance for
implementation
•Very significant change in compliance
requirements
•Delay in penalty enforcement
20. Impact of ACA to Date
•Clearly one of the most comprehensive pieces of
benefits legislation since ERISA (1974)
•Mandated benefits – for both employers and
individuals
•Massive changes to employer health plans in cost
and structure – “play or pay”
•Tremendous overhaul of employer health plan
administration – significant new responsibilities for
employers (new administrative platforms required –
limited reliance on vendors)
21. Impact of ACA to Date
•Employers struggle to comply as
vendors/insurers also are dealing with the
“learning curve” and tools for compliance
•Misinformation is a problem – compliance
only “works” if the employer uses correct
data
•Employer costs obviously have increased –
either due to penalties or significant
additional coverage and administrative costs
22. Impact of ACA to Date
•Initial “all in” goal – remains to be seen how
many additional individuals will have
coverage and the additional costs to make
that happen
•Many employers are offering new lower
coverage options (bare minimum to comply) –
lower cost but are employees taking the
coverage?
23. Impact of ACA to Date
•Employers have significant
questions/concerns:
•Is the individual mandate significant enough to
encourage individuals to get coverage?
•Will the exchange coverage (and employer
coverage) be sustainable if not enough “healthy
individuals” get coverage?
•If costs continue to increase, how will the
assessment of “play or pay” change?
24. Impact of ACA to Date
•Obvious impact on hiring, employee
classification, employer structure
•Significant new costs and administrative
responsibilities must be considered in overall
business plan
•Recruiting/retention and benefits issues must
be revisited and analyzed based on new costs
25. Politics . . .
•Huge political issue – “full steam ahead” or
“it’s history”
•Control of the White House/control of
Congress
•If “full steam ahead” – is it financially
sustainable?
•If “it’s history,” what is the alternative?
26. Compliance Tips
•Don’t assume – ask about compliance issues
•Vendors cannot do everything – significant
new employer requirements
•Confirm accuracy of data – do the homework
•Make reasoned decisions
•Maintain complete documentation/keep
records
27. Compliance Tips
•Make sure that plan document(s), SPD, SBC,
etc. reflect the correct information for ACA
updates
•Confirm that all enrollment materials,
notices, etc. are correct as a result of the ACA
updates
28. Compliance Tips
•Be prepared for audits – keep good records!
•Negotiate special provisions with staffing
agencies
•Renegotiate agreements with vendors for
additional services to be provided
•Be prepared for future changes – the crystal
suggests that the future is uncertain!