Kushner & Company Blog

The Kushner & Company blog brings current legal, regulatory, and items of interest to our business executives and HR professionals in all areas of HR and benefit design and administration. The extensive library of blogs is fully searchable and contains many ideas, tips, and updates on all things HR and benefits.

The US Department of Labor (DOL) is the responsible agency for overseeing compliance with ERISA, the Employee Retirement Income Security Act of 1974. Penalties for a variety of ERISA violations are contained within the law and are indexed annually for inflation. They've increased substantially.

Posted on February 22, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
401(k), 
Administration, 
All Articles, 
Benefits, 
Blog, 
ERISA-ACA Compliance, 
FSA / HSA / HRA, 
Health Reimbursement Arrangements (HRA), 
HR Compliance, 
IRS Form 5500 Services (BDA), 
IRS Form 5500 Services (RPS), 
Retirement Plans

We provided information at the end of April, 2020 about the IRS' and DOL's determination that the "pause" button was hit on a number of regular timing and payment due dates relating to COBRA, health plan claims (including health care FSA claims), and HIPAA Special Enrollment Periods. Is it ending?

Posted on February 18, 2021 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Benefits, 
Blog, 
COBRA, 
COVID-19, 
ERISA-ACA Compliance, 
Flexible Spending Accounts (FSA), 
FSA / HSA / HRA, 
Health and Welfare Team, 
Health Reimbursement Arrangements (HRA)

The Consolidated Appropriations Act contains many benefit changes, all of which are optional on the part of the employer. We know this is coming long after open enrollment has ended for most plans, but employers will want to pay close attention and decide which (if any) they'd like to adopt.

Posted on December 28, 2020 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
401(k), 
Benefits, 
Blog, 
Flexible Spending Accounts (FSA), 
FSA / HSA / HRA, 
Health Savings Accounts (HSA), 
HR Compliance, 
Retirement Plans, 
Team Rewards, 
Total Rewards

This is a very difficult question, since neither the IRS nor the DOL has addressed it directly.

Posted on October 30, 2020 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Blog, 
COBRA, 
COVID-19

The IRS has now released all of the 2021 benefit limits. Earlier this year, they also released the High Deductible Health Plan (HDHP) and Health Savings Account (HSA) limits.

Posted on October 26, 2020 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
401(k), 
Administration, 
Benefits, 
Blog, 
Defined Contribution Plan, 
Flexible Spending Accounts (FSA), 
FSA / HSA / HRA, 
Retirement Plans

On October 2, 2020, citing employers’ and insurers’ need for additional time to provide individuals with the Form 1095-Bs and 1095-Cs, the IRS issued Notice 2020-76 extending the deadline from January 31, 2021 to March 2, 2021 to provide those forms.

Posted on October 2, 2020 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Administration, 
Blog, 
ERISA-ACA Compliance, 
HR Compliance

Employers that offer prescription drug benefits are required to provide an annual notice to all Medicare-eligible plan participants and qualified beneficiaries before October 15th of each year, the start of the Medicare open enrollment period. Most send it to all participants.

Posted on October 2, 2020 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Benefits, 
Blog, 
ERISA-ACA Compliance, 
HR Compliance, 
Total Rewards

The same IRS Notice (2020-68) that addresses Qualified Birth or Adoption Distributions (QBADs) also deals with how to handle the SECURE Act’s inclusion of long-term part-time employees and their eligibility for 401(k) plans.

Posted on September 23, 2020 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
401(k), 
Blog, 
Defined Contribution Plan, 
Profit Sharing, 
Retirement Plans, 
Total Rewards

While QBADs have been permissible since January 2020 under the SECURE Act, many employers have been waiting for some IRS guidance on how these distributions would be implemented before making a decision as to whether to include a QBAD as a plan feature. IRS Notice 2020-68 does that (and a bit more).

Posted on September 23, 2020 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
401(k), 
Blog, 
Defined Contribution Plan, 
Profit Sharing, 
Retirement Plans, 
Total Rewards

Kushner & Company, an international HR strategy and employee benefits consulting and administration firm, has announced the appointment of its new CEO, Jennifer Alfieri.

Posted on July 30, 2020 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Blog

Much has been written about the calculations necessary to compute the amount of payroll costs that must be a major component of PPP loan forgiveness. In fact, at least 60% of the forgivable amount (previously 75%) must come from allowable payroll costs. So what constitutes payroll costs?

Posted on June 8, 2020 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
401(k), 
Benefits, 
Blog, 
Compensation, 
COVID-19, 
Defined Contribution Plan

Like a horror movie scene, just when you thought that the Patient-Centered Outcomes Research Institute (PCORI) was finally funded from the plan years that began before October 1, 2018, it's baaaaaaacccckkkkk. And that means employers have new filings to make and fees to pay.

Posted on May 22, 2020 By Gary B. Kushner, SPHR, CBP, President and CEO
Categories: 
Administration, 
Blog, 
FSA / HSA / HRA, 
Health Reimbursement Arrangements (HRA)