Reporting Developments Affecting Employee Benefits and Executive Compensation

DOL, HHS, and Treasury Jointly Issue FAQs on the CAA’s Mental Health and Substance Use Disorder Parity Provisions

On April 2, 2021, the Departments of Labor, Health and Human Services, and Treasury (the “Departments”) issued Frequently Asked Questions (“FAQs”) related to the implementation of the mental health and substance use disorder parity provisions under the Consolidated Appropriations Act, 2021 (“CAA”) and the Mental Health Parity and Addictions Equity Act (“MHPAEA”).

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Join Us for a Complimentary Webinar: Gearing up for Privacy & Cybersecurity in 2021

Organizations continue to face new issues, regulations and threats relating to privacy and cybersecurity. Over the next few months, Locke Lord lawyers will tackle some of your most pressing concerns in a series of complimentary webinars discussing practical, real-world challenges facing organizations, including compliance, business operations, data incidents, and investigations, litigation and enforcement. Sign up below for each program that interests you or sign up for the entire series.

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The American Rescue Plan Act: COBRA Subsidies

Under the American Rescue Plan Act of 2021 (the “Act”), certain individuals who are eligible ‎for COBRA coverage as a result of an involuntary termination of employment or reduction in ‎hours may be eligible to receive a 100% subsidy for COBRA coverage for a six-month period ‎beginning April 1, 2021 through September 30, 2021 (“Premium Subsidy Period”). ‎

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New ERISA Case Results in Another Assignment for Today – Ensure your Group Health Plan’s Claims Administrator is Raising Anti-Assignment during the Claims and Appeals Process!

Anti-assignment clauses in ERISA health plans are useful to plan sponsors in fending off lawsuits by out-of-network providers. Federal courts have consistently upheld anti-assignment provisions contained in the plan document and/or the summary plan description (SPD); however, a recent ERISA case serves as a warning about the unintentional waiver of anti-assignment provisions.

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Helpful New Guidance on Locating Missing and Nonresponsive Retirement Plan Participants

Retirement plans of all sizes often find themselves faced with participants or beneficiaries who are either missing or do not respond to communication. The U.S. Department of Labor (“DOL”) has long been concerned with how plans try to locate and contact these ‘missing’ participants and, more importantly, how they try to prevent participants from becoming ‘missing’ in the first place.

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Section 162(m) Final Regulations

On December 18, 2020, the Internal Revenue Service (IRS) released final regulations (the “Final ‎Regulations”) under Section 162(m) of the Internal Revenue Code, as amended by the Tax Cuts and ‎Jobs Act of 2017 (“TCJA”). Section 162(m) generally limits the deductibility of compensation paid in ‎any tax year to “covered employees” of a publicly held corporation to $1 million. ‎

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