Posts Categorized: Retiree Benefits

Retiree Health Plans – Beware of What you Wish for

in Affordable Care Act, Retiree Benefits

Our September 28th blog entry discussed retiree-only plans and that to solidify their exemption from the ACA employers should put those benefits into separate ERISA plans.  For months, some attorneys have been hammering away at the Departments regarding this issue (but I’m not sure why).  Well, now the Departments have addressed the issue, and while it is still inconclusive, I don’t think the end result looks pretty. Today, the Departments issued another round of guidance – called Part III on the DOL website.  The Departments state that they are analyzing the separate versus one ERISA plan issue for the retiree… Continue Reading

Retiree Only Plans – Time is Running Out

in Affordable Care Act, Retiree Benefits

The so-called “retiree-only” plan exception has been around since HIPAA was passed back in 1996.  However, it has taken on new importance now that a retiree-only plan can also be exempt from the provisions of the Affordable Care Act.  But, what is this amorphous being?  In the past some employers have claimed that this exception applies at the benefit option level even if retiree options are wrapped together with active employee options in the same ERISA plan.  This position is certainly harder to maintain under the proposed DOL regulations defining a “plan” for Part 7 purposes.  But, clearly if an employer… Continue Reading