Comply on the Fly

Can our Medicare eligible employees contribute to an HSA? Or can we, as the employer continue to contribute to the HSA of a Medicare eligible employee? The relationship between Medicare and HSAs is confusing, but this episode of Comply on the Fly breaks down what employers need to know.  Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compli...

All about FMLA and COBRA offers. Recently, we received a question similar to this one: We have an employee out on STD and transitioning to LTD. FMLA was exhausted well out on STD. When should I offer COBRA to this employee? This episode of Comply on the Fly helps unblur the lines between FMLA leave, COBRA eligibility and short-term and long term disability (STD/LTD) coverage. Turn to M3 and  Karen...

What is a section 125 plan?  Section 125 refers to the section of the internal revenue code that allows employers to provide employees with a choice between cash and certain qualified non taxable benefits. Tune in to this episode of Comply on the Fly to better understand the basics of Section 125 plans. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee...

What are the basic notice requirements under federal FMLA? FMLA administration can get rather complicated, but the federal notice requirements are pretty straightforward. This episode of Comply on the Fly provides a solid foundation and understanding of the federal requirements around FMLA Notices. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee bene...

How, and when, do I need to file form 5500's for my welfare benefit plans?  If you are a private sector employer, ERISA SPDs and the required 5500s are an important part of remaining compliant with your federal obligations and avoiding unnecessary fees. This episode of Comply on the Fly covers the basics of ERISA 5500 compliance. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers...

Is COBRA offered to a spouse and dependents if an employee enrolls in Medicare?  This episode of Comply on the Fly explains why a scenario in which an employee decides to voluntarily terminate coverage and enroll in Medicare would cause loss of coverage with no COBRA rights for any spouses and dependents on their plan. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most...

Does COBRA need to be offered for an HRA?  COBRA must be offered  for HRAs upon a COBRA-qualifying event. It can get rather complicated to offer COBRA for an HRA, but this episode of Comply on the Fly covers the key points of compliance. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance questions.  __________________________________...

Are the deadline extensions due to COVID for group health plans still in place? And if so, can you tell me more about that?  This has been one of the more confusing COVID requirements and quite frankly, often forgotten. This episode of Comply on the Fly covers how COVID extensions impact HIPAA special enrollment and COBRA notice deadlines.  Turn to M3 and  Karen B. (Breitnauer)  for quick and time...

Can a dependent of an employee open their own HSA or health savings account?  Individuals who meet certain criteria and coverage conditions are eligible to establish and contribute to their own HSA (Health Savings Account). This episode of Comply on the Fly helps employer plan sponsors understand if and when a dependent of an employee may be eligible for their own HSA. Turn to M3 and  Karen B. (Br...

What is the difference between special enrollment and Section 125 qualifying events? Special enrollment quite often gets confused with Section 125 qualifying events. This episode of Comply on the Fly helps employers understand the difference.   Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance questions.  ___________________________...

How does HIPAA apply to my group health plans?  Sometimes the topic of HIPAA can be confusing to employers. This episode of Comply on the Fly covers what invokes HIPAA, which information is protected, and the documentation required for compliance.    Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance questions.  _____________________...

What is the COBRA Initial or General Notice, and when do I need to provide it? The COBRA Initial or General Notice is a required notice under the Consolidated Omnibus Budget Reconciliation Act and is applicable to employers with 20 or more employees. This episode covers what those employers need to know about their requirements around providing notice. Turn to M3 and  Karen B. (Breitnauer)  for qu...

Did the Supreme court block the OSHA ETS vaccine mandate and the CMS healthcare vaccine mandate?  On Thursday, January 13th, the Supreme court ruled on both mandates. This episode covers the details of those rulings. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance questions.  _______________________________________________________...

Can a mental impairment or condition qualify for FMLA?  If you are an employer subject to FMLA, you may have questions on the requirements around mental health conditions. This episode covers whether or not an employee's mental condition or impairment qualifies under FMLA's definition of a serious health condition and, in turn, triggers FMLA leave. Turn to M3 and  Karen B. (Breitnauer)  for quick...

How do I implement the testing requirement for the OSHA vaccination and testing ETS for 100 plus employers? A great question and one that's on everyone's mind these days. This episode of Comply on the Fly covers what employers with 100 or more employees need to know to comply with the testing and masking requirements under the OSHA ETS. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely a...

Is the OSHA Emergency Temporary Standard or ETS regarding mandatory COVID vaccination and testing masking requirements for 100 plus employers now in effect? On December 17, 2021, a three judge panel of the US Court of Appeals, 6th Circuit lifted the stay on the OSHA Emergency Temporary Standard (ETS) which mandates COVID-19 vaccinations/testing in private employer organizations with 100 or more em...

What is the current situation regarding all of these vaccine mandates? There are currently four different vaccine mandates: The CMS Vaccination Mandate, the Federal Employee Vaccination Mandate, the Federal Contractor/Subcontractor Vaccination Mandate, and the OSHA ETS. This episode of the Comply on the Fly offers an update the current status of each.  Turn to M3 and  Karen B. (Breitnauer)  for qu...

Did the IRS recently extend the ACA reporting deadline? In a previous episode of Comply on the Fly, we told you that the IRS and Department of Treasury had not issued any extensions and to plan accordingly. However, very recently, the IRS issued proposed regulations permanently extending the date by which employers must provide the 1095C to employees. This episode covers what has changed and what...

What do I need to know for ACA reporting for 2021?  It's the time of year when employers with 50 or more full-time/full-time equivalent employees need to start thinking about annual ACA reporting requirements. This episode includes a few reminders as we head into that season. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance questio...

What is the current status of the legal challenges to OSHA's ETS, or Emergency Temporary Standard, regarding vaccinations and testing/masking for private employers with 100 or more employees?  Get the answer in under four minutes in this episode of Comply on the Fly, which covers the current (as of 11/18/21) legal status of the OSHA ETS and what it means for employers.  Turn to M3 and Karen B. (Br...

What are my two policy options under the vaccine mandate or OSHA ETS?  This episode covers the options employers have in implementing a policy to comply with the OSHA ETS. On 11/4/21 the Occupational Safety and Health Administration (OSHA) released its emergency temporary standard (ETS), mandating COVID-19 vaccinations/testing in private employer organizations with 100 or more employees.  Get the...

So, what about that vaccine mandate? This episode covers information around this ETS as of 11/7/21. On 11/4/21 the Occupational Safety and Health Administration (OSHA) released its emergency temporary standard (ETS), mandating COVID-19 vaccinations/testing in private employer organizations with 100 or more employees. Get the answer to this question in under four minutes in this episode of Comply o...

What is an ERISA SPD - and when do I need to provide it?  Get the answer to this question in under six minutes in this episode of Comply on the Fly.  Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions.  Please note: This podcast and the contents herein do not constitute legal advice. Seek the advice of counsel for any benefit...

What are the notices I should include in my open enrollment materials - and can I deliver them electronically? Get the answer to this question in under six minutes in this episode of Comply on the Fly.  Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions.  Please note: This podcast and the contents herein do not constitute leg...

What do I need to know for the ACA shared responsibility calculations for 2022? Get the answer to this question in just three and a half minutes in this episode of Comply on the Fly.  Turn to M3 and Karen B. (Breitnauer) for quick and timely answers to the most common employee benefits compliance questions.  Please note: This podcast and the contents herein do not constitute legal advice. Seek the...