For a copy of the following presentation, please visit our website at Go to the Wisdom tab and then to the HR webinar series

Similar documents
How to Count Employees Determining Group Size Under the Medicare Secondary Payer Regulations

MICRO GROUP EMPLOYER DOCUMENTATION REQUIREMENTS

IRS Notice CLICK HERE to return to the home page

What employers need to know about The Patient Protection and Affordable Care Act (PPACA)

APPLIED INDUSTRIAL TECHNOLOGIES, INC. EXECUTIVE ORGANIZATION & COMPENSATION COMMITTEE CHARTER

The Company is a public company incorporated in Bermuda and its securities are listed on AIM.

KEY BENEFIT ADMINISTRATORS. Understanding and Applying the Employer Shared Responsibility Requirements

EMPLOYER PAY OR PLAY MANDATE AND PENALTIES GETTING YOUR CLIENTS (RE)STARTED IN 2014

CLIENT ALERT Securities & Public Companies November 12, 2003

CHARTER OF THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS OF ON DECK CAPITAL, INC.

Highlights for 2017 Compliance

A company is liable to UK corporation tax on all its profits and chargeable gains, whether made in the UK or elsewhere.

Employer Shared Responsibility (ESR) Provisions under the ACA Part II

Understanding Self Managed Superannuation Funds

Superannuation contributions tax ruling Tax deductibility of superannuation contributions

Independent Director and Audit Committee

PREPARING TO TERMINATE DROP

QUESTION WE VE BEEN ASKED

Pension Plan Limits for the Tax Years

PRIMERICA, INC. COMPENSATION COMMITTEE CHARTER Adopted on March 31, 2010 and revised as of August 15, 2018

STATE OF NEW YORK MUNICIPAL BOND BANK AGENCY

TAX ISSUES IN RESTRUCTURING TROUBLED PARTNERSHIPS AND CORPORATIONS. Tax Group

Cash Balance Plans. When participants terminate employment, they are eligible to receive the vested portion of their account balance.

HUMAN RESOURCES AND COMPENSATION COMMITTEE CHARTER

Steps toward Retirement

ATTENTION. This Sales and Use Tax Exemption Certificate Application is for: 1. FIRST TIME sales and use exemption certificate filers or;

AFFORDABLE CARE ACT UPDATE AND ISSUES FOR HEALTH CARE EMPLOYERS 1

EXTENDED BENEFITS FOR TOTAL DISABILITY & SUCCEEDING CARRIER FOR INPATIENT ADMISSIONS

CHARTER OF THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS OF DROPBOX, INC.

Chapter 1. Introduction and Overview of Audit & Assurance

CHARTER OF THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS OF PLURALSIGHT, INC. Adopted May 3, 2018

ADANI POWER LIMITED RELATED PARTY TRANSACTION POLICY. Page 1 of 10

Town of Palm Beach Retirement System. Deferred Retirement Option Plan (DROP) Policies and Information for Participants

Information Package CAFETERIA 125 PLANS

(FAMILY NAME) Qualified Small Employer Health Reimbursement Arrangement

Frequently Asked Questions: Broader Public Sector Procurement Directive

ACA Technology. User Guide

Rev. 7/1/11. Sprint Flex Plans Eligibility and Enrollment Section

Christine Bradshaw, Esq. Sandra González, Esq.

VIVINT SOLAR, INC. COMPENSATION COMMITTEE CHARTER. (Adopted as of May 9, 2014)

DEERE & COMPANY CORPORATE GOVERNANCE POLICIES

A GUIDE TO CALCULATING TOLL CHARGE

Assessing the Impact of Proposed California Assembly Bill No on "Pay to Play"

YUM! Brands 401k Plan

Public Sector Executive Compensation Reporting Form

HEIDRICK & STRUGGLES INTERNATIONAL, INC. Corporate Governance Guidelines

ABLE Accounts: 10 Things You Should Know

Summary Plan Descriptions (SPD)

Puerto Rico Treasury Department Finally Grants Relief to Participants Affected by Hurricane Maria

Business Income & Expenses Part II

Kitsap County Telecommuting Policy

HOC Works Program Requirements

ALERT. The SEC s Final Crowdfunding Rules: Still May Not Be a Crowd Pleaser. Author: Issuer and Investor Eligibility.

NANOSTRING TECHNOLOGIES, INC. COMPENSATION COMMITTEE CHARTER. (Adopted as of October 16, 2012 and amended as of April 26, 2017)

Summary of proposed section 951A GILTI regulations

Α. New social security bodies for all insured individuals. Integration of the existing social security bodies into E.F.K.A. and E.T.E.A.E.P.

TECHSHOP, INC. NOTICE OF LIQUIDATION EVENT

Accountants and Consulting Professional Liability Program. You have the best coverage. Disciplinary Proceedings. Subpoena Expenses

EOFY tax strategies for small businesses

Customer due diligence guide for clients

Request for Proposal. For. Unemployment Insurance Services. November 9, 2016

Audit Committee Charter

PLAN DOCUMENT TEMPORARY DISABILITY INSURANCE PROGRAM FOR LAY EMPLOYEES DIOCESE OF METUCHEN OFFICE OF HUMAN RESOURCES. Effective January 1, 2014

AMENDMENTS TO NASDAQ RULES ON COMPENSATION COMMITTEES

Any line marked with a # sign is for Official Use Only 1

-r\jotic E. Insurance Marketplace Coverage Options and Your Health Coverage. ..t

PROCESS FOR NATIONAL CAPITOL AREA GARDEN DISTRICTS, CLUBS AND COUNCILS CHOOSING TO FILE FOR 501(C)3 GROUP EXEMPTION

FEDERAL CORPORATE TAX PROFESSOR STEVEN BANK UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW

An Educational Guide for Individuals. Radius Choice SM. MassMutual s Premier Individual Disability Income Insurance Protection. Insurance Strategies

VA Mortgage Lender License New Application Checklist (Company)

Affordable Care Act Preparedness Guide

KINGSTONE COS INC (Name of Issuer)

Vision Service Plan (VSP) New Group Implementation Guide

briefing The Enterprise Investment Scheme Tax reliefs

AUSTIN POLICE RETIREMENT SYSTEM ACTUARIAL VALUATION AS OF DECEMBER 31, 2011

Interpretive Guideline #01 Issued: January 2015 / Revised: July 2016 The Plan Administrator

Affordable Care Act Preparedness Guide

Corporate Governance Principles

NETFLIX, INC. (Exact name of registrant as specified in its charter)

Rev. 1/1/12. Sprint Flex Plans Eligibility and Enrollment Section

FINANCE & AUDIT COMMITTEE

Act No. 72 to Amend the Puerto Rico Internal Revenue Code of 2011

December 31, 2017 (Date of Event Which Requires Filing of this Statement)

Implementing ABLE: 2016

Temporary Rental Unit - Zoning Clearance Application Packet

ACCT 101 LECTURE NOTES CH.

GENERAL MOTORS COMPANY AUDIT COMMITTEE CHARTER. Amended and Restated: December 13, 2017

Summary Plan Descriptions (SPDs)

Health Care Reform Timeline

Transfer Pricing Country Summary Hungary

launchpad enterprise management incentives January 2014 Enterprise management incentives (EMI): General requirements Qualifying companies

How to Become a Delaware Public Benefit Corporation

CITIGROUP INC. AUDIT COMMITTEE CHARTER As of January 18, 2018

Employee Rights & Responsibilities Page 1 of 4 Traumatic Injury/Form CA-1

Annual Return Guidance

AUDIT COMMITTEE CHARTER

Powerlink - Corporate Entertainment & Hospitality - Policy

House Passes Regulatory Reform That Would Loosen Restrictions on BDCs and Other Funds

Compliance Guidebook Revised September 21, 2010

PHILADEPHIA PROMOTING HEALTHY FAMILIES AND WORKPLACES ORDINANCE (PAID SICK LEAVE LAW)

Transcription:

Fr a cpy f the fllwing presentatin, please visit ur website at www.ubabenefits.cm. G t the Wisdm tab and then t the HR webinar series page.

2

This presentatin prvides general infrmatin regarding its subject and explicitly may nt be cnstrued as prviding any individualized advice cncerning particular circumstances. Persns needing advice cncerning particular circumstances must cnsult cunsel cncerning thse circumstances. Indeed, health care refrm law is highly cmplicated and it supplements and amends an existing expansive and intercnnected bdy f statutry and case law and regulatins (e.g., ERISA, IRC, PHS, COBRA, HIPAA, etc.). The slutins t any given business s health care refrm cmpliance and design issues depend n t many varied factrs t list, including but nt limited t, the size f the emplyer (which depends n cmplex business wnership and emplyee cunting rules), whether the emplyer has a fully-insured r self-funded grup health plan, whether its emplyees wrk full time r part time, the imprtance f grup health cverage t the emplyer s recruitment and retentin gals, whether the emplyer has a cllectivelybargained wrkfrce, whether the emplyer has leased emplyees, the cst f the current grup health cverage and extent t which emplyees must pay that cst, where the emplyer/emplyees are lcated, whether the emplyer is a religius rganizatin, what the current plan cvers and whether that cverage meets minimum requirements, and many ther factrs. 3

Kathleen Barrw, Sharehlder, Jacksn Lewis, P.C. Over 20-years experience in ERISA emplyee benefit, executive cmpensatin and emplyment-related tax matters Practice fcuses n emplyer and plan defense f IRS and DOL audits f plans, payrll and cmpensatin systems Over 20-years experience litigating emplyee plan and cmpensatin-related tax issues befre the United States Tax Curt, US District Curts and Curts f Appeal Has trained ver 5000 emplyers natinwide n issues arising under the Affrdable Care Act 4

Under Sectin 414 related entities are treated as a single emplyer fr certain emplyee benefit plan purpses Sectin 414 defined three types f Related Entities Cntrlled Grups f Crpratins Partnerships and Prprietrships Under Cmmn Cntrl Affiliated Service Grups (including management rganizatins) 5

401 qualified pensin, prfit-sharing, defined cntributin plans 408(k) Simplified emplyee pensin plans 408(p) Simple retirement plans 410 minimum participatin rules 411 minimum vesting requirements 415 limitatins n benefits and cntributins 416 special prvisins fr tp heavy plans NEW Ascertaining emplyer size fr applicable large emplyer analysis and SHOP eligibility under the Affrdable Care Act 6

Emplyer reprting bligatins specifically Frm 1094-C reprting mandates that emplyer entities identify and reprt their related entities t the IRS! Penalty fr incrrectly reprting is $250 per frm per year up t $3 millin. Intentinal disregard penalty is $500 per return per year. 7

8

9

10

414(b) all members f a cntrlled grup f crpratins are treated as a single emplyer Parent-subsidiary cntrlled grup--ne r mre chains f crpratins cnnected thrugh stck wnership with a cmmn parent, and the cmmn parent wns 80% f the cmbined vting pwer f all classes f stck r at least 80% f the ttal value f all classes f stck f at least ne f the subsidiary crpratins. Brther-sister cntrlled grup tw r mre crpratins if the same 5 r fewer persns wn stck with mre than 50% f the ttal cmbined vting pwer f all classes f stck, and such wnership is identical, and in these same persns the cmbined vting pwer is at least 80% f the ttal vting pwer r value f all classes f stck in the crpratins Cmbined grup three r mre crpratins, ne f which is a cmmn parent crpratin and that parent is als a member f a brther-sister grup f crpratins 11

A crpratin wns 80% f the cmmn stck f C crpratin C crpratin wns 40% f E crpratin A crpratin wns 80% f F crpratin F crpratin wns 40% f E crpratin 12

A wns 80% f C and F C wns 40% f E A is parent F wns 40% f E E Crp 13

One Class f Stck Individual P W X Y Z A 55% 51% 55% 55% 55% B 45% 49% C 45% D 45% E 45% 100% 100% 100% 100% 100% 14

A wns 80% X wns 80% Y wns 80% S Z 15

Partnerships and prprietrships under cmmn cntrl Determined similarly t parent-subsidiary and brther-sister relatinships Fcus is n cntrlling interest actual cntrl and effective cntrl 80% f wnership r cntrlling, vting interest Effective cntrl exists if a party wns mre than 50% interest in an rganizatin In nn-prfit analysis, the examinatin fcuses n whether 80% f the cntrl f the nn-prfits rests, directly r indirectly with the same Bard f Directr members. 16

Optin t wn stck is attributed t hlder f stck Stck wned by trust attributed t beneficiary wh has actuarial interest f 5% r mre in stck Stck wned by crpratin attributed t hlders f 5% f mre f the stck (prprtinate wnership) Stck wned by spuse is attributed, with exceptins fr crpratins where Individual des nt wn any stck directly Individual des nt participate in management r directrship Nt mre than 50% f incme f crpratin derived frm rent, ryalties, dividends (i.e. passive investments) N restrictins against alienatin in favr f children under age 21 Stck wned by children under age 21 is attributed A persn wh wns mre than 50% f stck has wnership f parents, grandparents, grandchildren and adult children attributed. 17

A grup cnsisting f A service rganizatin (the First Organizatin a prfessinal service rg.), and Anther rganizatin if A significant prtin f the business is the perfrmance f services fr the First Organizatin, and 10% r mre f the interests in the rganizatin is held by highly cmpensated emplyees; OR Anther service rganizatin which is a sharehlder r partner in the First Organizatin; and Regularly perfrms services fr the First Organizatin r is assciated with the First Organizatin in perfrming services fr 3 rd persns 18

A grup f rganizatins cnsisting f An rganizatin which has a principal business f perfrming management functins fr anther rganizatin; and The rganizatin which is receiving such services. 19

The Applicable large emplyer analysis In general, 50 r mre FTEs in the prir 12-mnth perid = Applicable Large Emplyer Cde 4980H(c)(2)(C)(i) expressly references the aggregatin rules cntained in Cde 414(b), (c), (m), and () when discussing the cunt f FTEs relevant t the Applicable Large Emplyer analysis. Treas. Reg. 54.4980H-2(d) highlights that the cunt f FTEs includes all members f a cntrlled r affiliated services grup as discussed in this presentatin. 20

An emplyer that fails t cunt all emplyees f all related entities: May fail t realize it is an Applicable Large Emplyer and thus fail t ffer minimum essential, affrdable cverage with minimum value t Full-time emplyees and thereby suffer the failure t ffer penalties under the ACA Will fail t reprt insurance cverage n Frm 1095-C and Frm 1094-C and therefre suffer the $250 r $500 per frm penalty fr such failure Will likely als have failed minimum participatin and/r discriminatin test and disqualified the tax-qualified pensin plans f the related entities. 21

The Small Business Health Optins Prgram r SHOP allws a small emplyer t ffer a qualified grup health plan in the small grup market t emplyees grup health plan must permit emplyee chices cncerning level f cverage T be a qualified emplyer ne eligible t ffer cverage thrugh the SHOP, the emplyer Must be a small emplyer Must elect t ffer cverage under a qualified health plan t at least all full-time emplyees Must ffer cverage thrugh SHOP servicing emplyer s area r a SHOP servicing the emplyer s wrksite. 22

Emplyer is Small Emplyer if the emplyer has 50 FTEs but states may elect t define Small Emplyer as ne with less than 100 FTEs. States must ntify CMS f this electin. Small Emplyer determinatin is made with cnsideratin given t the aggregatin/related entity rules f Cde 414(b), (c), (m), (). 23

Insurance carriers wh believe emplyer is inapprpriately participating in SHOP because the emplyer is nt Small is encuraged t ntify CMS. The CMS ntificatin is dne t assure large emplyer experience is nt mistakenly reprted as small emplyer experience Applicatin fr emplyer signed under penalty f perjury. Tax Credits must be returned t IRS, plus interest and penalties 24

THE END 25