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August 22, 2017
Health Care Reform

IRS Releases Information Letters Regarding Continued Applicability of Employer and Individual Mandates

The IRS recently released IRS Information Letters 2017-0010, 2017-0011, 2017-0013 and 2017-0017 to address PPACA’s employer and individual mandates following President Trump’s executive order directing agencies to minimize PPACA’s burdens. The executive order does not change the applicability of these laws.

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Appellate Court Deals Setback to Opponents of Contraceptive Coverage Mandate

On Aug. 4, 2017, the U.S. Court of Appeals for the Third Circuit – in Real Alternatives v. HHS, No. 16-1275 (3rd Cir. Aug. 4, 2017) – affirmed the district court’s decision for the government. This case involved objections to the requirement to provide contraceptive coverage at no cost-sharing imposed by PPACA based on moral objections of a nonprofit, nonreligious organization and its employees.

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Federal Updates

Ninth Circuit Case Sheds Light on ERISA’s Plan Document and SPD Requirements

On Aug. 1, 2017, the U.S. Court of Appeals for the Ninth Circuit, in Mull v. Motion Picture Indus. Health Plan, No. 15-56246 (9th Cir., Aug. 1, 2017), provided a reminder to employer plan sponsors on the importance of complying with ERISA’s plan document and SPD requirements.

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Retirement Updates

DOL Releases Conflict of Interest FAQs

On Aug. 3, 2017, the DOL released a second set of Conflict of Interest FAQs that address the Fiduciary Rule’s (the Rule) transition period. Specifically, Transition Period FAQ Set 2 discusses the Rule’s impact on service providers’ IRC Section 408(b)(2) disclosure responsibilities, recommendations to plan participants to increase contributions and recommendations to plan administrators regarding plan design changes intended to increase plan participation.

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IRS Modifies Memorandum on Multiple Loan Restrictions

On July 26, 2017, the IRS released a memo which clarifies a previous memo issued in April 2017 regarding retirement plan loan rules when a participant requests more than one loan during the year.

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