Benefits Briefs in the Time of COVID-19, Part 8: COBRA Complications

The DOL and IRS recently issued final regulations (the “Final Rule“) that extend notice and premium payment periods for participants and plans under COBRA.  Specifically, a group health plan must disregard the period from March 1, 2020 through 60 days after the announced end of the COVID-19 national emergency (the “Outbreak Period”) in determining, among …

Benefits Briefs in the Time of COVID-19, Part 7: What Do Layoffs, Leaves, and Furloughs Mean for Retirement Plans?

The COVID-19 pandemic has employers strategizing on how to retain valuable employees while addressing declines in demand for the company’s products or services.  Some employers have placed employees on unpaid leave status instead of terminating the employee’s service.  Employers may call this unpaid leave a layoff or a furlough.  This benefits brief describes how the …

COVID-19: Unemployment Benefits for Temporary Foreign Workers

Employers confronting business interruptions and shut-downs in the wake of the first COVID-19 wave face challenging workforce decisions about whether they need to lay-off or terminate workers.  Employers having a workforce partially comprised of temporary foreign workers (i.e., workers holding work visas such as H-1B, L-1, E-1/2, E-3, TN, O-1, etc.) confront additional layers of …

Benefits Briefs in the Time of COVID-19, Part 2: Temporary Expansion of Educational Assistance Programs to Cover Employees’ Student Loan Debt

The CARES Act gives employers a way to pay employees’ student loan debt on a pre-tax basis during a portion of 2020 through an educational assistance program under Section 127 of the Internal Revenue Code (“Code”). Overview of an Educational Assistance Program Under a Section 127 educational assistance program, an employer may pay or reimburse …

Benefits Briefs in the Time of COVID-19, Part 1: Federal Agencies Relax Summary of Benefits and Coverage (“SBC”) Disclosure Deadlines

Recent guidance from the Department of Labor (“DOL”), Health and Human Services (“HHS”) and Treasury (the “Departments”) provides limited enforcement relief from the summary of benefits and coverage (“SBC”) disclosure rules during the COVID-19 crisis for employers to comply with the CARES Act or to add other benefits to their group health plans. Dickinson Wright’s …

Summary of Employee Benefits Provisions in CARES Act (as passed by U.S. Senate)

On March 25, 2020, the Senate passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, as a follow-up to the Families First Coronavirus Response Act.  The Act contains a number of employee benefits related provisions to address the COVID-19 emergency.  The House of Representatives intends to take up the legislation on March 27, 2020.  …