Insights

On September 29, 2023, the IRS released the 2023 instructions for Form 8889. Employees use this form to report HSA contributions and distributions. Of note are the mentions of the changes to HSA administration since the end of the COVID-19 emergency. The instructions mention that the preventive care safe harbor no longer applies to COVID-19 testing, although it remains a qualified medical expense subject to the minimum deductible. An HDHP may pay for medical care services and items purchased re

On November 17, 2023, the DOL, IRS and Pension Benefit Guaranty Corporation released the 2023 Form 5500 series, including Form 5500, Form 5500-SF, Form 5500-EZ, Schedules, and Instructions. The key revisions for 2023 reflect changes made by the SECURE Act as described in a previous agency action (see our February 28, 2023, Compliance Corner article). A few of the changes, most of which relate to defined benefits plans, were previously implemented in 2022 (see our June 7, 2022, Compliance Corner

The Department of Family and Medical Leave (DFML) recently released the 2024 Paid Family Medical Leave (PFML) workplace posters, model notices, and rate sheets to reflect the 2024 rates in several languages. The poster and notices must be available in English and each language that is the primary language of five or more individuals in an employer's workforce if these translations are available from DFML. All employers (including employers with private or self-insured plans) are required to dis

On November 15, 2023, the Employment Department announced the Paid Family and Medical Leave Insurance (Paid Leave Oregon) contribution rates for 2024. The Paid Leave Oregon contribution rate for 2024 is 1% of employee wages up to the federal Social Security taxable wage maximum ($168,600 in 2024). Both employers and employees pay contributions to the Paid Leave Oregon Trust Fund, which are divided between employees and employers, with 60% of the rate paid by employees and 40% by employers. Oreg

On November 14, 2023, the Washington Employment Security Department (ESD) adopted rules to implement legislation that passed during the 2023 legislative session regarding the state’s Paid Family and Medical Leave program. The new rules make changes to how the annual premium rate is calculated for employers and employees, allow employers to access information about their current employees who are taking paid family or medical leave, and align public records rules with agency rules that are alrea

Generally, an employee’s election made through a cafeteria plan is irrevocable once the plan year begins, unless the individual experiences an Internal Revenue Code Section 125 qualifying event that allows them to change their elections (assuming the Section 125 plan document also recognizes the event). But Section 125 (i.e., the cafeteria plan regulations) does not prohibit election changes before the period of coverage begins. This means the employer may allow election changes before the plan

When it comes to depositing employer contributions into qualified retirement plans, we are often asked what the deadline is for making these contributions. Believe it or not, that is not an easy question to answer.

In its 13th Annual Construction Disputes North America Report for 2023, Arcadis highlights a wealth of data about construction disputes, including an analysis of their leading causes. Notably, the report lists the top three causes of construction disputes as: Errors and/or omissions in the contract documents. Owners/contractors/subcontractors failing to understand and/or comply with its contractual obligations. Poorly drafted or incomplete and unsubstantiated claims. It is not a surprise to s

Join the Benefits Compliance team for a timely webinar on the ACA employer mandate basics, such as which employers are subject to the mandate, how to identify full-time employees, and when penalties may apply.