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September 20, 2017
Health Care Reform

IRS Releases Updated PPACA Information Returns (AIR) Submission Composition and Reference Guide

On Sept. 13, 2017, the IRS released Publication 5258: ACA Information Returns (AIR) Submission Composition and Reference Guide. The guide has been updated for use in 2018. This resource is meant to assist various entities with electronic information return (AIR) submissions required under PPACA, i.e., Forms 1094-B and 1095-B under Section 6055 and Forms 1094-C and 1095-C under Section 6056.

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IRS Releases Updated Publication 5165 for Electronically Filing ACA Information Returns

On Sept. 14, 2017, the IRS released a revised version of Publication 5165, entitled “Guide for Electronically Filing Affordable Care (ACA) Information Returns for Software Developers and Transmitters,” for tax year 2017 (processing year 2018). This publication outlines the communication procedures, transmission formats, business rules and validation procedures for returns transmitted electronically through the Affordable Care Act Information Return System (AIR). Employers who plan to electronically file Forms 1094-B, 1095-B, 1094-C or 1095-C should review the latest guidance and make any necessary adjustments to their filing process.

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Federal Updates

IRS and DOL Publish Guidance for Those Impacted by Hurricane Irma

Similar to action taken a few weeks ago in response to Hurricane Harvey, the IRS and DOL both recently published guidance containing certain relief for those individuals and businesses in Hurricane Irma’s path.

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Retiree-Only Plan May Include Lifetime Limit; Ruling Highlights Importance of SPD and SMM

On Sept. 8, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled in King vs. Blue Cross and Blue Shield of Illinois; UPS of American, Inc.; UPS Health and Welfare Plan for Retired Employees, No. 15-55880, 2017 WL 3928339 (9th Cir. Sept. 8, 2017) that a retiree-only plan is not subject to the ACA’s prohibition on lifetime annual dollar limits. This was the previous interpretation, so the ruling does not indicate a change in case law. However, please note that the ruling would have been different if the plan included both active and retired participants. The same exclusion does not apply to those plans.

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