July 2009 - Employee Benefits I AP Benefit Advisors

FSAs Cannot Be Altered Due to "The Economy"

Flexible Spending Accounts – cannot be altered due to “the economy” Patrick C. Haynes, Jr., Esq., LL.M. Dependent Care FSAs are reimbursement accounts – you can take out what you put in (generally until you leave). And, the Internal Revenue Service (IRS) has approved an optional Dependent Care Flexible Spending Account (DCFSA) spend-down rule – […]

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Employer’s Mandatory Health Risk Assessment Violates the ADA

Employer’s mandatory Health Risk Assessment violates the ADA Patrick C. Haynes, Jr., Esq., LL.M. The EEOC (the Equal Employment Opportunity Commission) has issued an informal opinion letter that should an employer require an employee to complete an HRA as a condition of obtaining coverage, the EEOC would find that to be a violation of the […]

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New IRS Guidance on the COBRA Subsidy

New IRS guidance on the COBRA subsidy The IRS’s website has an area that focuses on the COBRA Subsidy as it relates to Employers. Once you navigate to that page, you’ll see the following introduction, followed by 4 subcategories. Introduction COBRA: Answers for Employers: Under the American Recovery and Reinvestment Act of 2009, certain individuals […]

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DOL's Letter Interpreting New FMLA Regulations

DOL’s Recent Opinion Letter Interpreting New FMLA Regulations Trevor E. Gillette – Dinsmore & Shohl LLP These regulations made a variety of changes (both procedural and substantive) to the previous regulatory scheme. However, as the regulations were so recently adopted, decisions interpreting these new regulations do not yet exist in significant numbers. Accordingly, when the […]

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