1) An employer may exclude from an employee's income payments for health insurance coverage provided through the employee's spouse's employer plan, but only if the spouse paid the premiums on an after-tax basis, not through pre-tax salary reduction.
2) An employer cannot exclude payments for coverage if the spouse already excluded their premium payments from income under a pre-tax cafeteria plan.
3) A health reimbursement arrangement can reimburse an employee's out-of-pocket medical costs, but cannot reimburse premiums already excluded from the spouse's income through a pre-tax cafeteria plan.
Service incentive leave (SIL) is a mandatory paid leave benefit for employees under Philippine labor law. Key points covered in the document include:
- Employees are entitled to 5 days of paid SIL annually after at least 1 year of continuous or broken service.
- Unused SIL can be carried over each year or cashed out upon resignation or separation.
- Certain exempted employees like managers, domestic helpers, and those in establishments with under 10 employees are not covered.
- Part-time workers are entitled to the full 5 days of SIL on a non-pro-rated basis.
- Abuse of sick leave policies can result in salary deductions or other penalties.
Male employees in the private sector are entitled to 7 days of paid paternity leave to support their wife after childbirth. Paternity leave applies to the first 4 deliveries of the employee's lawful wife. To qualify, the employee must be cohabiting with his spouse at the time of delivery and apply within a reasonable time period before or after. If company policy provides for emergency leave, the employer must grant the employee 7 days of paternity leave.
Separation Pay: Authorized Causes. When an employee is separated due to authorized causes, Philippine Labor Law requires that the employer provide for separation pay.
Understanding the families first coronavirus response act (ffcra)Merchant Advisors
The Families First Coronavirus Response Act (FFCRA) is designed to help businesses and employers survive the COIVID-19 outbreak and stay intact. https://www.onlinecheck.com/blog/small-business-resources/understanding-the-families-first-coronavirus-response-act-ffcra/
This document discusses how the Family Medical Leave Act (FMLA) and workers' compensation laws interact when an employee needs to take leave due to a work-related injury. Key points include:
- FMLA provides up to 12 weeks of unpaid, job-protected leave for qualified medical or family reasons while workers' compensation provides income replacement and medical benefits for work-related injuries.
- The two leaves run concurrently so time off for a work injury counts against the 12 weeks of FMLA leave. Employers should designate any workers' comp leave as FMLA leave.
- Employers can terminate employees on FMLA/workers' comp leave if the job would have been eliminated regardless due to factors
SB 654 would require employers with 10 or more employees to provide 12 weeks of unpaid family leave. This letter from the California Chamber of Commerce opposes SB 654 on the grounds that it would (1) overwhelm small employers by requiring up to 7 months of protected leave for certain employees, (2) impose mandatory leave with no employer discretion, and (3) expose small employers to costly litigation. The letter argues that California already has many family friendly leave laws and imposing additional leave requirements through SB 654 would be too burdensome for employers, especially small businesses.
This presentation reviews - how to determine employee eligibility, what are the qualifying reasons to take FMLA, notice requirements when employee requests leave, what coverage must continue while employee is on leave, and what if employee does not return from leave.
This document discusses various types of compensation and benefits provided by employers. It outlines direct financial payments like wages as well as indirect payments like health insurance and retirement plans. Benefits can be required by law, such as unemployment insurance, or provided at the employer's discretion, like disability coverage. The document also examines supplemental benefits for time not worked, including unemployment, vacation, sick leave and severance pay. It provides details on common insurance plans and retirement options employers offer to attract and retain employees.
Service incentive leave (SIL) is a mandatory paid leave benefit for employees under Philippine labor law. Key points covered in the document include:
- Employees are entitled to 5 days of paid SIL annually after at least 1 year of continuous or broken service.
- Unused SIL can be carried over each year or cashed out upon resignation or separation.
- Certain exempted employees like managers, domestic helpers, and those in establishments with under 10 employees are not covered.
- Part-time workers are entitled to the full 5 days of SIL on a non-pro-rated basis.
- Abuse of sick leave policies can result in salary deductions or other penalties.
Male employees in the private sector are entitled to 7 days of paid paternity leave to support their wife after childbirth. Paternity leave applies to the first 4 deliveries of the employee's lawful wife. To qualify, the employee must be cohabiting with his spouse at the time of delivery and apply within a reasonable time period before or after. If company policy provides for emergency leave, the employer must grant the employee 7 days of paternity leave.
Separation Pay: Authorized Causes. When an employee is separated due to authorized causes, Philippine Labor Law requires that the employer provide for separation pay.
Understanding the families first coronavirus response act (ffcra)Merchant Advisors
The Families First Coronavirus Response Act (FFCRA) is designed to help businesses and employers survive the COIVID-19 outbreak and stay intact. https://www.onlinecheck.com/blog/small-business-resources/understanding-the-families-first-coronavirus-response-act-ffcra/
This document discusses how the Family Medical Leave Act (FMLA) and workers' compensation laws interact when an employee needs to take leave due to a work-related injury. Key points include:
- FMLA provides up to 12 weeks of unpaid, job-protected leave for qualified medical or family reasons while workers' compensation provides income replacement and medical benefits for work-related injuries.
- The two leaves run concurrently so time off for a work injury counts against the 12 weeks of FMLA leave. Employers should designate any workers' comp leave as FMLA leave.
- Employers can terminate employees on FMLA/workers' comp leave if the job would have been eliminated regardless due to factors
SB 654 would require employers with 10 or more employees to provide 12 weeks of unpaid family leave. This letter from the California Chamber of Commerce opposes SB 654 on the grounds that it would (1) overwhelm small employers by requiring up to 7 months of protected leave for certain employees, (2) impose mandatory leave with no employer discretion, and (3) expose small employers to costly litigation. The letter argues that California already has many family friendly leave laws and imposing additional leave requirements through SB 654 would be too burdensome for employers, especially small businesses.
This presentation reviews - how to determine employee eligibility, what are the qualifying reasons to take FMLA, notice requirements when employee requests leave, what coverage must continue while employee is on leave, and what if employee does not return from leave.
This document discusses various types of compensation and benefits provided by employers. It outlines direct financial payments like wages as well as indirect payments like health insurance and retirement plans. Benefits can be required by law, such as unemployment insurance, or provided at the employer's discretion, like disability coverage. The document also examines supplemental benefits for time not worked, including unemployment, vacation, sick leave and severance pay. It provides details on common insurance plans and retirement options employers offer to attract and retain employees.
"Families First Coronavirus Response Act"NonprofitHR
Inside this Publication:
-The Big Picture
-Emergency Paid Family Leave
-Emergency Paid Sick Leave
-Changes to Group Health Plan Coverage Related to COVID-19 Testing
See more resources in Nonprofit HR's Coronavirus Digital Information Portal. www.nonprofithr.com/covid19
Note: The two emergency leave programs under this Act are essentially an extension of FMLA. Nonprofits are not exempt from the Families First Coronavirus Act.
Proving Grounds: Answer the Call with Effective FMLA Administrationbenefitexpress
The DOL released a new employer guide to the Family and Medical Leave Act this year, but many employers have unanswered questions. Administrating FMLA is a tricky topic; learn to navigate the regulations with ease. From major regulatory changes to the day-to-day questions, HR and benefit managers have, ERISA attorney Larry Grudzien covers everything you need to know right now to legally administrate FMLA leave.
The General Provident Fund (Central Services) Rules 1960 outlines the eligibility and subscription process for India's general provident fund for government employees. It states that temporary government servants after 1 year of continuous service, re-employed pensioners (excluding those eligible for the Contributory Provident Fund), and all permanent government servants can subscribe. Subscribers must make a nomination and contribute monthly 6-100% of their emoluments, with interest currently at 12% compounded annually. The rules allow advances and withdrawals for specific purposes.
ECC Benefits: Employees' Compensation Program. Unknown to many employers and employees, there are ECC benefits granted to employees in the event of work-related illness, injury, and death.
Families First Coronavirus Response Act (FFCRA) WebinarEmilyBroadbent1
The Families First Coronavirus Response Act (FFCRA) provides for two sources of paid leave for employees in response to the coronavirus epidemic. The act applies to all employers with less than 500 employees. The act is intended to assist employers with recoupment of costs via payroll tax reimbursement. This webinar also will provide information on those credits.
Navigating the top fmla concerns evergreenjaybrodsky
Administering FMLA leave is a constant challenge for HR professionals. Determining what to do in situations involving intermittent leave, serious health conditions, notice obligations and overlapping leave policies can be time-consuming and, if handled incorrectly, can place you at risk for a lawsuit.
Be prepared! In this 90-minute webinar, attorneys Dana Connell and Michael Congiu of Littler Mendelson will explain what you need to know to navigate the complicated issues that can arise when administering FMLA leave.
FMLA and ADA 101: What Every Manager Needs to Knowhrluminary
The document provides an overview of the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), explaining what managers need to know about employee leave rights and requirements, eligibility, reasons for leave, notification processes, and intermittent leave provisions under the acts. The presenter has over 25 years of HR experience and the webinar aims to educate HR professionals on compliance with FMLA and ADA laws and policies.
Covert Taxes: Spying Issues in Health & Welfare Benefitsbenefitexpress
This document discusses various types of health and welfare benefits provided by employers, including:
- Health benefits such as medical, dental, and vision care
- Disability and life insurance benefits
- Educational reimbursement plans
It provides details on tax treatment of premiums and benefits for employers and employees, and nondiscrimination rules to ensure plans do not unfairly benefit higher-paid employees.
FSAs can do some heavy lifting for your benefits plan – they allow employees to save pretax dollars for healthcare costs without the price tag of other financial wellness initiatives. However, many HR professionals lack a deep understanding of the compliance requirements to offer and administer a well-rounded program for their employees.
If ACA is repealed, there will be significant implications for FSAs. Devise your strategy to:
- Accurately catch employee election changes
- Manage rollover requirements
- Determine who pays first – HSA vs FSA
- Understand COBRA’s impact on an FSA
Get coaching from benefits attorney Larry Grudzien on how to prep now for the legislative impact on FSA administration.
Families First Coronavirus Response Act: What it Does and How to RespondParsons Behle & Latimer
The document summarizes a webinar about the Families First Coronavirus Response Act. It discusses provisions of the act related to expanded FMLA leave, paid sick leave, and tax credits for employers. Specifically, it covers who is covered under the expanded FMLA leave, benefits provided, eligibility and benefits for paid sick leave, details of the tax credits available to employers, and considerations for terminations under the WARN Act during the COVID-19 crisis. Presenters are available to answer questions on these topics.
Covid19 guidance for multiemployer plans and labor unions webinarWithum
COVID-19 Guidance: Multiemployer Plans and Labor Unions
In this webinar we talk about how COVID-19 is impacting Multiemployer Plans and Labor Unions, including relief programs and FAQs
Service Incentive Leave: Vacation and Sick Leaves. By way of incentive to years of service, the Philippine Labor Code requires the employer to give a 5-day service incentive leave to the employees who have rendered at least one year of service.
Holiday Pay: Regular Holidays. During holidays in the Philippines, Labor Law prescribes payment of holiday pay - even if no work is done. If work is done, the wage rate will be twice than the regular rate. If work is done on a double holiday, the wage rate will be thrice than the regular rate.
Labor legislation in the Philippines is divided into labor standards, which establish minimum employment terms, and labor relations, which govern interactions between employers and employees. This document outlines various statutory employee benefits in the Philippines, including minimum wage, holiday pay, overtime pay, night shift differential, service charges, leave benefits, and thirteenth month pay. It provides definitions and coverage for each benefit.
Premium Pay: Non-Work Days. Philippine Labor Code requires payment of a premium pay for work done on non-work days, such as rest days and special non-working days.
Service Charges: Pooled Tips. If an establishment collects services charges, the Philippine Labor Code requires that such amounts be distributed to the covered employees and the management. The same rules apply for pooled tips.
Navigate New Legislation: The Road Into 2017benefitexpress
As new regulations kick in for 2017 and ACA reporting season is coming to a close, review all recent legislative changes. This webinar focuses on what you need to know for your 2017 benefits strategy.
Learn about new legislation from DOL, HHS, IRS, and EEOC. ERISA attorney Larry Grudzien will cover all relevant rulings since his previous webinar and host an interactive Q&A with the audience.
This document describes a self-funded defined benefits plan administered by Cypress Benefits Administrators. The plan provides employees with pre-tax contributions to reimburse medical expenses as well as additional benefits like life insurance. It provides tax savings for both employers and employees, lowers costs for employers, and offers employees a more robust benefits package. Cypress Benefits Administrators establishes the plan and assumes the tax liability for employee contributions in order to provide these benefits.
Group term life insurance is classified by the Internal Revenue Service as a fringe benefit for employees. The Internal Revenue Code Section 79 allows up to $50,000 of group term life insurance coverage to be provided under a policy. If
the insured employee’s group life benefit amount is over $50,000, then the benefit is considered an excessive fringe benefit.
The value of coverage in excess of $50,000 must be included as part of the employee’s income; the taxable value of this excess coverage is called “imputed income.”
"Families First Coronavirus Response Act"NonprofitHR
Inside this Publication:
-The Big Picture
-Emergency Paid Family Leave
-Emergency Paid Sick Leave
-Changes to Group Health Plan Coverage Related to COVID-19 Testing
See more resources in Nonprofit HR's Coronavirus Digital Information Portal. www.nonprofithr.com/covid19
Note: The two emergency leave programs under this Act are essentially an extension of FMLA. Nonprofits are not exempt from the Families First Coronavirus Act.
Proving Grounds: Answer the Call with Effective FMLA Administrationbenefitexpress
The DOL released a new employer guide to the Family and Medical Leave Act this year, but many employers have unanswered questions. Administrating FMLA is a tricky topic; learn to navigate the regulations with ease. From major regulatory changes to the day-to-day questions, HR and benefit managers have, ERISA attorney Larry Grudzien covers everything you need to know right now to legally administrate FMLA leave.
The General Provident Fund (Central Services) Rules 1960 outlines the eligibility and subscription process for India's general provident fund for government employees. It states that temporary government servants after 1 year of continuous service, re-employed pensioners (excluding those eligible for the Contributory Provident Fund), and all permanent government servants can subscribe. Subscribers must make a nomination and contribute monthly 6-100% of their emoluments, with interest currently at 12% compounded annually. The rules allow advances and withdrawals for specific purposes.
ECC Benefits: Employees' Compensation Program. Unknown to many employers and employees, there are ECC benefits granted to employees in the event of work-related illness, injury, and death.
Families First Coronavirus Response Act (FFCRA) WebinarEmilyBroadbent1
The Families First Coronavirus Response Act (FFCRA) provides for two sources of paid leave for employees in response to the coronavirus epidemic. The act applies to all employers with less than 500 employees. The act is intended to assist employers with recoupment of costs via payroll tax reimbursement. This webinar also will provide information on those credits.
Navigating the top fmla concerns evergreenjaybrodsky
Administering FMLA leave is a constant challenge for HR professionals. Determining what to do in situations involving intermittent leave, serious health conditions, notice obligations and overlapping leave policies can be time-consuming and, if handled incorrectly, can place you at risk for a lawsuit.
Be prepared! In this 90-minute webinar, attorneys Dana Connell and Michael Congiu of Littler Mendelson will explain what you need to know to navigate the complicated issues that can arise when administering FMLA leave.
FMLA and ADA 101: What Every Manager Needs to Knowhrluminary
The document provides an overview of the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), explaining what managers need to know about employee leave rights and requirements, eligibility, reasons for leave, notification processes, and intermittent leave provisions under the acts. The presenter has over 25 years of HR experience and the webinar aims to educate HR professionals on compliance with FMLA and ADA laws and policies.
Covert Taxes: Spying Issues in Health & Welfare Benefitsbenefitexpress
This document discusses various types of health and welfare benefits provided by employers, including:
- Health benefits such as medical, dental, and vision care
- Disability and life insurance benefits
- Educational reimbursement plans
It provides details on tax treatment of premiums and benefits for employers and employees, and nondiscrimination rules to ensure plans do not unfairly benefit higher-paid employees.
FSAs can do some heavy lifting for your benefits plan – they allow employees to save pretax dollars for healthcare costs without the price tag of other financial wellness initiatives. However, many HR professionals lack a deep understanding of the compliance requirements to offer and administer a well-rounded program for their employees.
If ACA is repealed, there will be significant implications for FSAs. Devise your strategy to:
- Accurately catch employee election changes
- Manage rollover requirements
- Determine who pays first – HSA vs FSA
- Understand COBRA’s impact on an FSA
Get coaching from benefits attorney Larry Grudzien on how to prep now for the legislative impact on FSA administration.
Families First Coronavirus Response Act: What it Does and How to RespondParsons Behle & Latimer
The document summarizes a webinar about the Families First Coronavirus Response Act. It discusses provisions of the act related to expanded FMLA leave, paid sick leave, and tax credits for employers. Specifically, it covers who is covered under the expanded FMLA leave, benefits provided, eligibility and benefits for paid sick leave, details of the tax credits available to employers, and considerations for terminations under the WARN Act during the COVID-19 crisis. Presenters are available to answer questions on these topics.
Covid19 guidance for multiemployer plans and labor unions webinarWithum
COVID-19 Guidance: Multiemployer Plans and Labor Unions
In this webinar we talk about how COVID-19 is impacting Multiemployer Plans and Labor Unions, including relief programs and FAQs
Service Incentive Leave: Vacation and Sick Leaves. By way of incentive to years of service, the Philippine Labor Code requires the employer to give a 5-day service incentive leave to the employees who have rendered at least one year of service.
Holiday Pay: Regular Holidays. During holidays in the Philippines, Labor Law prescribes payment of holiday pay - even if no work is done. If work is done, the wage rate will be twice than the regular rate. If work is done on a double holiday, the wage rate will be thrice than the regular rate.
Labor legislation in the Philippines is divided into labor standards, which establish minimum employment terms, and labor relations, which govern interactions between employers and employees. This document outlines various statutory employee benefits in the Philippines, including minimum wage, holiday pay, overtime pay, night shift differential, service charges, leave benefits, and thirteenth month pay. It provides definitions and coverage for each benefit.
Premium Pay: Non-Work Days. Philippine Labor Code requires payment of a premium pay for work done on non-work days, such as rest days and special non-working days.
Service Charges: Pooled Tips. If an establishment collects services charges, the Philippine Labor Code requires that such amounts be distributed to the covered employees and the management. The same rules apply for pooled tips.
Navigate New Legislation: The Road Into 2017benefitexpress
As new regulations kick in for 2017 and ACA reporting season is coming to a close, review all recent legislative changes. This webinar focuses on what you need to know for your 2017 benefits strategy.
Learn about new legislation from DOL, HHS, IRS, and EEOC. ERISA attorney Larry Grudzien will cover all relevant rulings since his previous webinar and host an interactive Q&A with the audience.
This document describes a self-funded defined benefits plan administered by Cypress Benefits Administrators. The plan provides employees with pre-tax contributions to reimburse medical expenses as well as additional benefits like life insurance. It provides tax savings for both employers and employees, lowers costs for employers, and offers employees a more robust benefits package. Cypress Benefits Administrators establishes the plan and assumes the tax liability for employee contributions in order to provide these benefits.
Group term life insurance is classified by the Internal Revenue Service as a fringe benefit for employees. The Internal Revenue Code Section 79 allows up to $50,000 of group term life insurance coverage to be provided under a policy. If
the insured employee’s group life benefit amount is over $50,000, then the benefit is considered an excessive fringe benefit.
The value of coverage in excess of $50,000 must be included as part of the employee’s income; the taxable value of this excess coverage is called “imputed income.”
Employee benefits and services (Philippines)geomarbalajo
This is a brief summary report of the Philippine Employee benefits and services, under the Labor Code of the Philippines. This report excludes the monetary type of compensation, thus, it only focuses on Indirect type of compensation which are the benefits and services of different entities.
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 provides social security to industrial workers in India. It establishes provident funds, pension funds, deposit-linked insurance and other benefits for employees of covered organizations with 20 or more workers. All employees earning up to Rs. 6,500 per month must contribute 12% of wages to their provident fund, while employers must contribute 3.67% to provident funds and 8.33% to pension funds, as well as administrative fees. The Act mandates timely contribution payments, form submissions for new/leaving employees, and annual returns to ensure employee social security benefits are properly funded and administered.
The article below describes a new health care reform development (additional federal agency guidance on prohibition of premium reimbursement arrangements).
The document discusses the key aspects of The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 in India. It was enacted to provide social security to industrial workers through benefits like provident fund, pension, insurance, etc. The Act applies to establishments with 20 or more employees and covers benefits in contingencies like retirement, closure, incapacity. It includes the Employees' Provident Fund Scheme (mandatory 12% contributions from employees and employers up to Rs. 6,500 salary), Employees' Pension Scheme (8.33% employer contribution), and Employees' Deposit-Linked Insurance Scheme (0.5% employer contribution). The document also outlines compliance requirements under the Act.
The document summarizes the key aspects of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 in India. The Act aims to provide social security to industrial workers through retirement benefits like provident fund, pension, insurance, and benefits in contingencies like retrenchment or closure. It applies to establishments with 20 or more employees. The key schemes under the Act are the Employees' Provident Fund Scheme 1952, Employees' Pension Scheme 1995, and Employees' Deposit-Linked Insurance Scheme 1976. The schemes require monthly contributions from employers and employees, with benefits like pension, insurance payouts for family. Regular compliances like monthly returns and annual reconciliations are also required under the Act.
This document provides a comprehensive guide to the government-mandated benefits that U.S. employers are required to provide in 2020. It outlines the key benefits such as Social Security, Medicare, workers' compensation, disability insurance, family and medical leave, and health insurance. For example, it notes that all employers must contribute to Social Security and Medicare based on payroll taxes deducted from employee earnings. It also explains that five states and Puerto Rico require employers to provide short-term disability insurance to cover non-work injuries and illnesses. The guide stresses that requirements may vary based on company size and location.
Tax Facts to Successfully Navigate the Families First Coronavirus Response ActCitrin Cooperman
The document discusses key aspects of the Families First Coronavirus Response Act, including provisions for emergency paid sick leave and expanded family and medical leave, employer tax credits to help cover costs, and guidance for employers on implementing remote work arrangements and addressing workforce reductions during the COVID-19 pandemic. It also reviews Section 139 tax-free disaster relief payments that employers can provide employees.
This document discusses employee benefits offered by hospitals, including benefits that are tax-free or taxed at preferential rates, as well as benefits where tax liability is deferred. It provides an example to calculate the total value of benefits for a hypothetical hospital employee. The total value of benefits for this employee, including payroll tax contributions, retirement plan contributions, paid time off, health care, life insurance and long-term disability, is over $21,000, representing approximately 30% of their total compensation.
Joel Flinchbaugh from Smith Elliott Kearns & Company presented on the tax impacts of the Affordable Care Act. Key points include: the Act will cost $940 billion over 10 years and expand coverage to 32 million Americans; businesses must comply with new reporting and coverage requirements or pay penalties; and individuals will pay higher Medicare taxes, see limits on flexible spending accounts and medical deductions, and face a penalty if uninsurred starting in 2014. The presentation provided details on these new requirements and their implications.
This document provides an overview and summary of key provisions of the Patient Protection and Affordable Care Act (PPACA) and the Health Care and Education Reconciliation Act (HCERA). It discusses fundamentals such as definitions of large employers, full-time employees, and grandfathered plans. It also summarizes requirements for health insurance exchanges, essential health benefits, employer penalties, the small business tax credit, early retiree subsidy, and coverage mandates for grandfathered and non-grandfathered plans. The document is intended to help attendees understand and comply with health care reform regulations.
Through a qualified wellness program under Section 125 of the tax code, employers can realize tax savings of $450-500 per employee annually, while employees receive $150-200 per month in flex credits to purchase supplemental health coverage with no out-of-pocket costs. Participation in the wellness program allows salary reductions for tax savings that are paid back to employees as claims payments, creating flex credits for additional insurance. This benefits employers through tax savings and employees with expanded coverage, while requiring no financial contribution from either party.
The document summarizes the key aspects of the Employees' Provident Funds and Miscellaneous Provisions Act of 1952 in India. The act provides social security to industrial workers in the form of provident funds, pension plans, and insurance benefits. It applies to factories and establishments with 20 or more employees. The act established schemes like the Employees' Provident Fund Scheme (EPF), Employees' Pension Scheme (EPS), and Employees' Deposit-Linked Insurance Scheme (EDLI) that provide retirement benefits like provident funds and pensions as well as life insurance benefits. The document outlines contribution rates, eligibility criteria, and compliance requirements for these schemes under the act.
COVID-19 - How Staffing Companies Can Navigate the CrisisCitrin Cooperman
The document summarizes information from two webinars on how staffing companies can navigate the COVID-19 crisis. It discusses cash management strategies, borrowing options, staffing level considerations, and provisions from the Families First Act and CARES Act. Key points include cash forecasting, accessing lines of credit and government funding, determining optimal staffing levels, paid sick leave and family leave requirements, employer payroll tax deferrals and refundable employee retention credits.
This document provides an overview of the Employee Provident Fund (EPF) in India. EPF is a mandatory savings program for employees in the public and private sectors that provides benefits at retirement. It is managed by the Employees' Provident Fund Organization (EPFO). Both employers and employees must contribute 12% of the employee's salary to their EPF account each month. Over an employee's career, these contributions can grow significantly with interest and compounding, providing them a lump sum for retirement. The document outlines eligibility requirements, contribution rates, withdrawal terms, exemptions and benefits of the EPF program.
TAX FACTS to Navigate The CARES Act and Families First Coronavirus Response ActCitrin Cooperman
The document provides information about a webinar on tax facts related to the CARES Act and Families First Coronavirus Response Act. The webinar agenda includes discussions of the Payroll Protection Program and Economic Injury Disaster Loans under the CARES Act, paid sick leave and expanded family medical leave under the Families First Act, and tax provisions in the CARES Act. It also includes a roadmap on the eligibility and benefits for paid sick leave under the Families First Act.
Understanding Health Care Reform: A Dose of Accounting MedecineJames Moore & Co
The affordable Care Act was signed into law on March 23, 2010 and upheld by the Supreme Court in June 2012. These reform measures will have wide-spread impacts to most businesses and individuals. In this presentation, we discuss the tax consequences, small business health care credits, fees, and provide a summary of the Affordable Care Act and the status of reform.
Unless a specific tax exemption applies, wellness incentives are generally subject to the same federal tax rules as any other employee rewards or prizes.
Similar to MERP guidelines- IRS ruling notice dtd 10-2015 (20)
1. Office of Chief Counsel
Internal Revenue Service
memorandum
Number: 201547006
Release Date: 11/20/2015
CC:TEGE:EB:HW:
PRESP-116291-15
UILC: 105.00-00, 106.00-00
date: October 07, 2015
to: J. Lynne McCoy
Acting Program Manager, SB/SE Employment Tax Policy
SE:S:E:HQ:SEP&Q:EMPTP
Attn: Jay Jensen
SB/SE Employment Tax Policy Analyst
from: Harry Beker
Chief, Health and Welfare Branch
CC:TEGE:EB:HW
subject: Employer Payment of Employee Health Insurance Coverage Provided Under a
Spouse's Group Health Plan
This Chief Counsel Advice responds to your request for assistance. This advice may not
be used or cited as precedent.
ISSUE
May an employer exclude from an employee’s income under section 105 or section 106
payments for the cost of health insurance coverage provided to the employee through
his or her spouse’s employer’s group health plan?
CONCLUSION
An employer may exclude from an employee’s gross income payments for the cost of
health insurance coverage provided through the spouse’s group health plan but only to
the extent the spouse has paid for all or part of the coverage on an after-tax basis and
not through salary-reduction under a section 125 cafeteria plan.
2. PRESP-116291-15 2
FACTS
Situation 1. A and B are married individuals. A and B work for separate employers.
A’s employer offers a group health plan to A that A declines. A’s employer also
provides an arrangement under which it will reimburse A for the cost of coverage
incurred by A’s spouse. B participates in B’s employer’s group health plan. Under B’s
employer’s plan, an employee participating in the plan, such as B , must make either an
after-tax contribution of $100 per month for self-only insured coverage or an after-tax
contribution of $175 per month for other than self-only insured coverage. B elects other
than self-only coverage to cover both B and A under B’s employer’s group health plan.
A substantiates to A’s employer that A’s spouse has $175 per month deducted from the
spouse’s pay on an after-tax basis, $75 of which represents the cost of A’s insured
coverage. A’s employer pays A $75 per month in addition to A’s other compensation.
Situation 2. Same facts as Situation 1, except A’s employer pays A $175 per month in
addition to A’s other compensation, representing B’s entire after-tax contribution for
coverage under B’s employer’s group health plan.
Situation 3. Same facts as Situation 1, except that B makes the contribution to B’s
employer’s group health plan by salary reduction through B’s employer’s section 125
cafeteria plan. A substantiates to A’s employer that A’s spouse, B, contributes $175 per
month on a pre-tax basis through salary-reduction for other than self-only insured
coverage under B’s employer’s group health plan. A’s employer pays A $75 per month
in addition to A’s other compensation.
Situation 4. Same facts as Situation 1, except that A’s employer offers A health
coverage under a group health plan. B (A’s spouse) elects self-only insured coverage
under the group health plan of B’s employer and makes the $100 per month employee
contribution by salary reduction through B’s employer’s section 125 cafeteria plan. A
substantiates to A’s employer that A’s spouse, B, contributes $100 per month on a pre-
tax basis through salary-reduction for self-only insured coverage under B’s employer’s
group health plan. A’s employer pays A $100 per month in addition to A’s other
compensation.
Situation 5. Same facts as Situation 1, except that A’s employer provides an
arrangement under which it will contribute to a health reimbursement arrangement (A’s
employer’s HRA) that will reimburse A for unreimbursed medical expenses, including
health insurance premiums, up to $2,100 for the year ($175 x 12, the amount of the cost
of coverage incurred by A’s spouse). Employee A substantiates to A’s employer that
A’s spouse has $175 per month deducted from the spouse’s pay on an after-tax basis,
$75 of which represents the cost of Employee A’s insured coverage. A’s employer’s
HRA reimburses Employee A $175 per month.
Situation 6. Same facts as Situation 5, except that B makes the contribution to B’s
employer’s group health plan by salary reduction through B’s employer’s section 125
cafeteria plan.
3. PRESP-116291-15 3
Situation 7. Same facts as Situation 6, except that A substantiates to A’s employer that
A and A’s spouse, B, have incurred section 213 medical expenses of $2,100 during the
year other than the premium contributions by B for the health plan with B’s employer,
and A’s employer’s HRA reimburses those unreimbursed expenses. The HRA does not
reimburse the premium contribution by B through salary reduction to B’s employer’s
group health plan.
LAW AND ANALYSIS
Section 61(a)(1) of the Internal Revenue Code and section 1.61-21(a)(3) of the Income
Tax Regulations provide that, except as otherwise provided in subtitle A, gross income
includes compensation for services, including fees, commissions, fringe benefits, and
similar items.
Section 106 provides that “gross income of an employee does not include employer-
provided coverage under an accident or health plan.” Section 1.106-1 provides that the
gross income of an employee does not include contributions which the employee’s
employer makes to an accident or health plan for compensation (through insurance or
otherwise) for personal injuries or sickness to the employee or the employee’s spouse
or dependents (as defined in section 152).
Section 105(e) states that amounts received under an accident or health plan for
employees are treated as amounts received through accident or health insurance for
purposes of section 105. Section 1.105-5(a) provides that an accident or health plan is
an arrangement for the payment of amounts to employees in the event of personal
injuries or sickness.
Under section 125, an employer may establish a cafeteria plan that permits an
employee to choose among two or more benefits, consisting of cash (generally, salary)
and qualified benefits, including accident or health coverage. Pursuant to section 125,
the amount of an employee’s salary reduction applied to purchase such coverage is not
included in gross income, even though it was available to the employee and the
employee could have chosen to receive cash instead.
To the extent amounts are excluded from gross income under section 106(a), they are
also excluded from wages subject to income tax withholding under section 3401. In
addition, amounts paid, under a plan or system established by an employer that makes
provision for the employer’s employees generally (or for the employees generally and
their spouses and dependents) or for a class or classes of the employer’s employees
(or for a class or classes of the employer’s employees and their spouses and
dependents), to reimburse medical expenses incurred are excluded from wages subject
to FICA and FUTA taxes under sections 3121(a)(2) and 3306(b)(2).
DISCUSSION
4. PRESP-116291-15 4
In Situation 1 and Situation 2, A’s employer pays A for all or part of the substantiated
cost of insured health coverage paid by B (A’s spouse) on an after-tax basis under B’s
employer’s group health plan (that is, either $75 or $175 per month). These amounts
are excluded from A’s gross income under section 106 because A’s employer is paying
the premium (or a portion of the premium) on a group health plan covering one or more
employees, the employee’s spouse and dependents, or by contributing to a separate
trust or fund, which provides accident or health benefits directly or through insurance to
one or more employees, the employees’ spouse and dependents. The payments are
also excluded from FICA taxes, FUTA taxes, and Federal income tax withholding. The
fact that the insured group health plan is provided by B’s employer and not A’s employer
does not change the result under these facts.
In Situation 3 and Situation 4, the amount paid for the insured health coverage by B (A’s
spouse) through salary-reduction under a section125 cafeteria plan has been excluded
from the spouse’s gross income. An employer may not exclude from gross income
under section 106 an amount paid to an employee for insured health coverage that has
already been excluded from gross income as employer-provided coverage (including
salary-reduction amounts pursuant to a section 125 cafeteria plan). See Rev. Rul.
2002-3, 2002-3 IRB 316, providing that the exclusion from gross income under section
106(a) do not apply to amounts that an employer pays employees for health insurance
coverage that have already been excluded from gross income under section 106(a)
(including salary reduction amounts pursuant to a section 125 cafeteria plan).
Accordingly, the arrangement under which A’s employer makes payments to A fails to
be a health plan and no amounts paid under the arrangement to any participant are
excluded from the gross income under section 105. The amounts paid under the
arrangement to A and other participants are also subject to FICA taxes, FUTA taxes,
and Federal income tax withholding.
In Situation 5, A’s employer’s HRA pays A for all of the substantiated cost of insured
health coverage paid by B (A’s spouse) on an after-tax basis under B’s employer’s
group health plan (that is, $175 per month). These amounts are excluded from A’s
gross income under section 106 because A’s employer is paying the premium on a
group health plan covering one or more employees, the employee’s spouse and
dependents, or by contributing to a separate trust or fund, which provides accident or
health benefits directly or through insurance to one or more employees, the employees’
spouse and dependents. The payments are also excluded from FICA taxes, FUTA
taxes, and Federal income tax withholding. The fact that the insured group health plan
is provided by B’s employer and not A’s employer does not change the result under
these facts.
In Situation 6, the amount paid for the insured health coverage by B (A’s spouse)
through salary-reduction under a section 125 cafeteria plan has been excluded from B’s
gross income. An HRA may not reimburse an amount paid to an employee for insured
health coverage that has already been excluded from gross income as employer-
provided coverage (including salary-reduction amounts pursuant to a section 125
cafeteria plan). See Rev. Rul. 2002-3, 2002-3 IRB 316. Accordingly, A’s employer’s
5. PRESP-116291-15 5
HRA fails to be a health plan and no amounts paid by the HRA to any participant are
excluded from the gross income under section 105. The amounts paid by the HRA to
participants are also subject to FICA taxes, FUTA taxes, and Federal income tax
withholding.
In Situation 7, A’s employer’s HRA only reimburses amounts representing unreimbursed
section 213(d) medical expenses. The amounts are excluded from A’s gross income
under section 105(b) and also excluded from FICA taxes, FUTA taxes, and Federal
income tax withholding. The fact that the maximum amount reimbursed under the HRA
is the same amount as the contributions by B for coverage under B’s employer’s plan is
irrelevant.
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