EBIA Weekly Archives

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  1. IRS Releases 2009 Version of Form 2106 for Employees to Report Deductible Business Expenses
    From the November 05, 2009 EBIA Weekly
    The IRS has released the 2009 version of Form 2106 (Employee Business Expenses). This form must be attached to the Form 1040 of employees claiming a business expense deduction in three situations: (1) the expenses were for work-related travel, ...
    [IRS Form 2106 & Instructions (2009) and Form 2106-EZ (2009)]
  2. Do the MSP mandatory reporting rules require that HICNs or SSNs be provided to CMS?
    From the November 05, 2009 EBIA Weekly
    QUESTION: We’ve heard that the Medicare Secondary Payer mandatory reporting rules require that health insurance claim numbers or Social Security numbers be provided to CMS. In the past, it has been difficult to obtain those numbers for our ...
  3. EEOC Revises Its "Equal Employment Opportunity Is the Law" Poster to Address ADA Amendments and GINA
    From the November 05, 2009 EBIA Weekly
    The EEOC has revised its “Equal Opportunity is the Law” poster, which employers must post to notify employees of current federal employment discrimination laws prohibiting job discrimination based on race, color, sex (including pregnancy), national origin, religion, age, ...
    [EEOC Poster: "Equal Employment Opportunity is the Law" (Rev. Nov. 2009)]
  4. DOL's Expedited Review of Health Plan's Denial of ARRA COBRA Premium Subsidy Upheld by Court
    From the November 05, 2009 EBIA Weekly
    The union-sponsored health plan in this case denied an individual’s request to receive the 65% COBRA premium subsidy available for “assistance eligible individuals” under the American Recovery and Reinvestment Act of 2009 (ARRA). The plan ...
    [Hejazi v. DOL, 2009 WL 3485958 (W.D. Wash. 2009)]
  5. Court Refuses to Impose Separate Penalties for Multiple Beneficiaries Affected by a Single COBRA Notice Violation
    From the November 05, 2009 EBIA Weekly
    After the employee in this case was terminated, his employer sent him a timely COBRA election notice. Believing that it was legally inadequate because it was missing certain information, the employee wrote “void” on it and sent it ...
    [Fadalla v. Life Auto. Prods., Inc., 2:06-cv-02679 (Jan. 12, 2009) (unreported) and 2009 WL 3295369 (W.D. Tenn. 2009)]
  6. IRS Releases 2009 Form 2441 and Instructions
    From the November 05, 2009 EBIA Weekly
    The IRS has released Form 2441 (“Child and Dependent Care Expenses”) and its accompanying instructions for the 2009 tax year. Form 2441 is a dual-purpose form. Taxpayers file it with Form 1040 to determine the amount of ...
    [IRS Form 2441 & Instructions (2009)]
  7. FTC Delays Its Enforcement of Identity Theft Red Flags Rule Until June 2010
    From the November 05, 2009 EBIA Weekly
    The Federal Trade Commission (FTC) has announced that it is delaying its enforcement of the Identity Theft Red Flags Rule until June 1, 2010. The Rule, which was issued jointly by six federal agencies, requires financial institutions and creditors with &#...
    [FTC Extended Enforcement Policy: Identity Theft Red Flags Rule (Oct. 30, 2009)]
  8. Can members of our company's board of directors participate in our cafeteria plan?
    From the October 29, 2009 EBIA Weekly
    QUESTION: I’ve been asked whether members of our company’s board of directors can participate in our cafeteria plan. Can we allow this? ANSWER: Generally, no, although there is a special rule for certain “dual status&#...
  9. DOL Issues Additional FAQs on Schedule C for 2009 Form 5500
    From the October 29, 2009 EBIA Weekly
    The DOL has issued 25 additional FAQs concerning the Schedule C disclosures for 2009 and later plan years. This guidance supplements a set of 40 FAQs issued last year. (See our Checkpoint Newsstand article.) Generally, both pension plans and those ...
    [DOL Supplemental FAQs About the 2009 Schedule C]
  10. New Law Expands FMLA Leave Rights for Employees Who Are Relatives of Veterans and Members of the Armed Forces
    From the October 29, 2009 EBIA Weekly
    The President has signed defense-related legislation that includes amendments to the FMLA’s provisions regarding qualifying exigency leave and covered servicemember leave for employees who are relatives of servicemembers. Here are highlights of the changes that are likely ...
    [National Defense Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84 (Oct. 28, 2009)]

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