Posts Tagged: Employer penalty

JCEB Annual Health and Welfare Meeting

in Affordable Care Act, Health Benefits

For the last two days, I have been presenting at the annual JCEB health and welfare conference, which is an annual gathering of employer health plan professionals and government representatives. A few key items emerged from this year’s meeting, listed briefly as follows: – The Obama Administration does not support an administrative delay of the 2014 employer or individual mandate. – The employer penalty guidance will be released in early 2013. Treasury is considering applying the employer penalty to “substantially all” employees, meaning that if an employer misses the mark on a handful of employees, the employer is not penalized… Continue Reading

What Slowdown in ACA Guidance?

in Affordable Care Act

You may have noticed a recent slowdown in Affordable Care Act guidance, and really any other governmental guidance coming out of HHS, DOL and Treasury. This is not by accident. Unofficially, there is a temporary slowdown in guidance until after the election. After the election passes, you should expect a number of key pieces of Affordable Care Act guidance to drop. This would include the employer penalty under 4980H, how to test for minimum value and additional guidance on the reinsurance fees.

ABA Section of Tax Meeting

in Affordable Care Act

This morning we held our annual September meeting for the health and welfare subcommittee of the Section of Tax. I want to thank all the IRS and Treasury people that attended the meeting. Treasury is hard at work on the employer penalty guidance and final PCOR regulations. We look forward to seeing that guidance soon. So, stay tuned!

Agencies Issue Full-Time Employee Guidance

in Affordable Care Act

Just in time for Labor Day, the agencies this afternoon issued two pieces of guidance related to the definition of a full-time employee and the employer penalty provisions of the Affordable Care Act. The first piece of guidance, Notice 2012-58, sets forth safe harbor requirements for determining who is a full-time employee under the employer penalty provisions. (Remember, the employer penalty only applies to full-time employees.) The safe harbor will be effective for calendar year 2014 only. The notice can be accessed here: Notice 2012-58. The second piece of guidance, DOL Technical Release 2012-02, provides guidance on the 90-day waiting… Continue Reading