EBIA Weekly Archives - Questions
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Results (468 articles found)
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- Do Retirees Have HIPAA Special Enrollment Rights in Our Medical Plan?
- From the May 10, 2012 EBIA Weekly
- QUESTION: We maintain a medical plan that covers both active employees and retirees. Our plan gives retirees one chance to enroll themselves and their eligible dependents for retiree medical coverage—at retirement. If retirees choose not to enroll at ...
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- Are Our ERISA Welfare Plans Required to Use a Particular Definition in Establishing Who Is an Eligible Child?
- From the May 03, 2012 EBIA Weekly
- QUESTION: Are ERISA health and welfare plans required to use any particular definition in establishing who is an eligible child?ANSWER: In general, no. ERISA does not require the sponsor of a welfare plan to cover children, and the statute ...
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- Can We Provide a COBRA Election Notice During a Terminated Employee’s Exit Interview?
- From the April 26, 2012 EBIA Weekly
- QUESTION: When an employee resigns or is terminated, our company conducts an exit interview. Can we hand-deliver the COBRA election notice during a terminated employee’s exit interview?ANSWER: Yes, hand-delivery of the COBRA election notice is ...
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- What Issues Should We Consider Before Adopting a Pre-Approved Plan?
- From the April 19, 2012 EBIA Weekly
- QUESTION: Our company intends to establish a 401(k) plan, and we are trying to decide whether to use a pre-approved plan document. What issues should we consider in making our decision? ANSWER: A pre-approved plan is a ...
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- Does a Health Plan EOB Have to Comply With Claims Procedure Rules, Including New Health Care Reform Requirements?
- From the April 12, 2012 EBIA Weekly
- QUESTION: Do the EOBs issued by our health plan constitute claim denials for purposes of the claims procedure rules, and what additional health care reform requirements may also apply? ANSWER: Yes—according to DOL guidance, explanations of benefits (EOBs) ...
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- What Should We Know About Form 5500 Electronic Signature Requirements?
- From the April 05, 2012 EBIA Weekly
- QUESTION: What are the signature and record retention requirements for electronically filed Form 5500s? ANSWER: There are several requirements you should be aware of relating to signing Form 5500 and retaining copies of the electronically filed forms, particularly now that ...
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- Can the Cost of an Alternate Recipient’s Coverage Under a QMCSO Be Paid for on a Pre-Tax Basis?
- From the March 29, 2012 EBIA Weekly
- QUESTION: Our company has just received a qualified medical child support order (QMCSO) directing us to enroll an employee’s child in our calendar-year health plan. We have determined that the QMCSO is valid and are enrolling the ...
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- Can Our 401(k) Plan Define Compensation to Include Post-Termination Payouts for Vacation and Sick Leave?
- From the March 22, 2012 EBIA Weekly
- QUESTION: Currently, our 401(k) plan permits elective deferrals from regular pay that participants receive after they terminate employment. Can we amend our plan to include payouts for vacation and sick leave that participants receive after termination in the plan&...
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- Can an Employer Avoid HIPAA Liability by Outsourcing its HIPAA Certificates of Creditable Coverage to a TPA?
- From the March 15, 2012 EBIA Weekly
- QUESTION: We are the employer-plan sponsor of a self-insured group health plan. Although we are the ERISA plan administrator, we have contracted with a TPA to perform most plan functions, including preparation and distribution of HIPAA certificates of ...
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- Can Our Health FSA Reimburse Expenses Incurred Before the Participant's Enrollment Date?
- From the March 08, 2012 EBIA Weekly
- QUESTION: Our company has a calendar-year cafeteria plan with a health FSA and a DCAP. One of our health FSA participants was hired in February. He enrolled in the health FSA at that time and has now asked whether ...
