Welfare Benefit Plan ERISA News
September 2016

Big Changes for Small Group Health Plans
Proposed Form 5500 Changes & the New Schedule J

"The US Department of Labor (DOL) has proposed changes to the Form 5500 and schedules that will affect ERISA Title I group health plans of all sizes, but small group health plans should be especially aware of the changes. Certain small group health plans (fewer than 100 participants) are currently exempt from filing the Form 5500 Annual Return if they are fully insured, unfunded, or a combination of these. Under the proposed Form 5500 changes, these plans would no longer be exempt and all group health plans covered by Title I would be required to file a Form 5500 including a new Schedule J, Group Health Plan Information. This new schedule would drastically expand the group health plans information gathered." (Leonard Street)

2016 Deadline for Medicare Part D Creditable/Non-Creditable Coverage Notices Nears
"Plan sponsors that offer prescription drug coverage must provide notices of creditable or non-creditable coverage to Medicare-eligible individuals. The required notices may be provided in annual enrollment materials, separate mailings or electronically.... Plan sponsors ... must provide the required disclosures no later than October 14, 2016." (Xerox HR Services)

Key Evidence Needed to Prove the Intoxication Exclusion

"You know that many insurance policies and ERISA-governed plans exclude from coverage disabilities 'resulting from, or related to...any accident related to the voluntary influence of any drug, narcotic, intoxicant or chemical....' The next time you are enjoying a fine beer or wine, a single malt scotch or even a Kamikaze, ponder this question... Is it sufficient to rely solely on a blood alcohol test to establish the intoxication exclusion?" (Mike Reilly, Boom - The ERISA Law Blog)
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© 2017 ERISAPros, LLC, All rights reserved. Information on ERISAPros' website, its newsletter, “News & Views,” and its blog, “ERISA Wonk,” is published as a general informational source. Information and articles are general in nature and are not intended to constitute legal or tax advice in any particular matter. Blog posts and comments reflect the personal views of their respective authors - not those of ERISAPros. Transmission of this information does not create an attorney-client relationship. ERISAPros, LLC is not a law firm and is not giving legal or tax advice. It does not warrant and is not responsible for errors or omissions in the content on its website or in its newsletters. ERISA is a complicated and confusing law. Summary Plan Descriptions (SPDs), Wrap Plan Documents, and Form 5500s require review and updating by qualified ERISA compliance professionals.


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