Insurance News

  • Reminder: Form 5500 Is Due by Aug. 1, 2022 for Calendar Year Plans June 28, 2022
    Employers with employee benefit plans that operate on a calendar year basis must file their annual reports (Forms 5500) for 2021 with the Department of Labor (DOL) by Aug. 1, 2022.
  • Key Judicial Decisions Affect California Wage Payment Claims June 23, 2022
    The WinCo And Viking Decisions Set Limits On Wage Payment Claims In California Two federal courts—the U.S. Supreme Court and the 9th Circuit Court of Appeals—recently ruled on cases involving wage claims by employees. These decisions set
  • Colorado Expands Safety and Health Whistleblower Protections June 23, 2022
    Employer Retaliation Is Now Prohibited Regardless Of Whether There Is A Public Health Emergency  On May 31, 2022, Colorado adopted Senate Bill (SB) 22 97 to expand whistleblower protections for workers. Before this law was adopted, state
  • Illinois Expands Employee Bereavement Leave Requirement June 15, 2022
    Illinois has amended the state’s Child Bereavement Act and renamed it the Family Bereavement Leave Act. The amendments provide additional reasons for bereavement leave, including for the deaths of employees’ family members and for reasons relating to failed pregnancies, fertility treatments and adoptions.
  • IRS Raises Standard Mileage Rates for Second Half of 2022 June 9, 2022
    For the first time since 2011, the IRS has made a mid-year adjustment to the optional mileage rate used to calculate the deductible costs of operating an automobile for business and certain other purposes. The agency said the change is in recognition of recent gasoline price increases.
  • Connecticut Adopts Data Privacy and Online Monitoring Act June 9, 2022
    The Act Regulates Data Collection, Storage And Usage Of Personal Information And Creates New Consumer Privacy Rights  On May 10, 2022, Connecticut adopted the Data Privacy and Online Monitoring Act (the Act) to regulate the collection, storage and usage of
  • Maryland Extends Data Breach Notification Requirements to Genetic Information June 9, 2022
    Employers That Own Or License Personal Information Of A Maryland Resident Must Implement Reasonable Security Procedures And Practices On May 29, 2022, Maryland amended its Personal Information Protection Act (PIPA) to include genetic information in the definition of personal information.
  • Connecticut Issues Model Notice for Employee Leave June 8, 2022
    The Connecticut Department of Labor has published a model notice of employee rights under the Connecticut Family and Medical Leave Act (CT FMLA) and the Connecticut Paid Leave Act (CT PLA). Employers may use the model notice to satisfy the notice requirement taking effect on July 1, 2022.
  • Illinois Amends Meal Period Requirements June 1, 2022
    The Bill Also Creates New Employer Notification Requirements On May 13, 2022, Illinois adopted Senate Bill (SB) 3146 to amend meal break provisions of and create notification requirements under the Illinois One Day Rest In Seven Act (ODRISA). The amendments
  • California Supreme Court Rules Employers Must Properly Pay Meal and Rest Period Premiums June 1, 2022
    Employers Need To Accurately Identify And Account For Missed Meal And Rest Periods On May 23, 2022, in Naranjo v. Spectrum Security Services Inc. (Naranjo), the California Supreme Court unanimously held that meal and rest period premium pay is subject to the

Employers have much to think about nowadays in addition to running their businesses. While Health Care Reform (PPACA) passed in 2010, to add to the confusion many of the changes the law created have been delayed or amended. Employers who fall under the mandate will have new reporting requirements and potential penalties. Small employers may consider the benefits of purchasing in the SHOP exchange where they may qualify for the small business tax credit or disbanding their group plan and having employees purchase individual coverage potentially getting subsidies for premium and cost sharing expenses. Glandon Insurance can help you with exploring your options, keeping you in compliance or when considering self insurance.

Pay or Play (Employer Shared Responsibility)

The employer shared responsibility provisions (also known as “pay or play”) require large employers—generally those with at least 50 full-time employees, including full-time equivalent employees (FTEs)—to offer affordable health insurance that provides a minimum level of coverage to full-time employees (and their dependents) or pay a penalty tax if any full-time employee is certified to receive a premium tax credit for purchasing individual coverage on the Health Insurance Marketplace (Exchange).

The “pay or play” requirements are delayed until 2016 for employers with 50 to 99 full-time employees who certify that they meet certain eligibility criteria related to workforce size, maintenance of workforce and overall hours of service, and maintenance of previously offered health coverage.

Employer Liability for the Pay or Play Penalty

For 2016 (and, if applicable for employers with non-calendar year plans, any calendar months during the 2016 plan year that fall in 2017), an employer who is subject to the “pay or play” requirements will be liable for a penalty only if:

  • The employer does not offer health coverage or offers coverage to fewer than 70% of its full-time employees (and their dependents, unless transition relief applies), and at least one full-time employee receives a premium tax credit; or
  • The employer offers health coverage to at least 70% of its full-time employees (and their dependents, unless transition relief applies), but at least one full-time employee receives a premium tax credit, which may occur because the employer did not offer coverage to that employee or because the coverage the employer offered that employee was either unaffordable to the employee or did not provide minimum value.

After 2016, 95% should be substituted for 70% in the bullets above.

Small Business Health Care Tax Credit

Certain small businesses and tax-exempt employers that pay at least half of the premiums for employee health insurance coverage may be eligible for the small businesses health care tax credit. For tax years 2010–2013, the maximum credit is 35% for small business employers and 25% for small tax-exempt employers. For tax years beginning in 2014 or later, the maximum credit increases to 50% of premiums paid for small businesses and 35% of premiums paid for small tax-exempt employers.

For a quick look at the Small Business Tax Credit and eligibility:

Small Business Tax Credit Calculator