Training Course
Syllabus:
This seminar is designed for human resource and payroll managers, benefits managers, accountants, presidents and vice presidents, CFOs, controllers, office managers, consultants, insurance professionals, tax managers, financial planners and analysts, enrolled agents and attorneys.
This seminar will benefit human resources managers and personnel and others involved with the administration of cafeteria plans, and plans which may be funded through cafeteria plans such as group health plans, medical reimbursement plans, dependent care assistance plans, and Code §401(k) plans. The seminar seeks to point out common problems and issues associated with such plans, and the administration of such plans, including issues arising under other tax and labor laws relating to such plans, with emphasis on recurring problems and current issues.
8:30 a.m. - 8:40 a.m.
I. Introduction And Overview
8:40 a.m. - 9:10 a.m.
II. Cafeteria Plans And ERISA
A. Overview Of ERISA
1. Basics Of The Statute
2. Where Is The “Plan”?
3. Is Being Subject To ERISA “Good” Or “Bad”?
B. Application To Cafeteria Plans
1. What Is The “Plan”?
2. Benefits Provided?
3. Mere Funding Mechanism
9:10 a.m. - 10:45 a.m.
III. Cafeteria Plans – The Basics
A. History Behind The Provision
B. General Requirements Of A Cafeteria Plan
C. Election Procedures
D. Non-Discrimination Requirements
10:45 a.m. - 10:55 a.m.
Break
10:55 a.m. - 12:00 p.m.
IV. Cafeteria Plans – Plan Design
A. Special Nondiscrimination Provisions
B. Reporting Requirements
C. Effect On Social Security And Other Benefits
D. What Benefits Should Be Offered In A Cafeteria Plan?
E. State And Local Taxes
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:25 p.m.
V. Impact Of Federal Labor Laws On
Cafeteria Plans, COBRA And HIPAA
A. Uniformed Services Employment And Reemployment Rights Act Of 1994 (USSERA)
1. Overview Of The Act
2. Ability To Revoke Existing
Elections: Military Leave As A Change In Status?
3. Effect On Code §401(k) Plans
4. Insurance Coverage And Welfare Benefits
5. Reinstatement To Benefits
B. Fair Labor Standards Act (FLSA)
1. Overview Of The Act
2. Impact On Minimum Wage
Calculations
3. Impact On Overtime Calculations
C. Family And Medical Leave Act (FMLA)
1. Overview Of The Act
2. Ability To Revoke Existing
Elections: FMLA Leave As A Change In Status?
3. Options For Continuing Group Health Coverage
4. Options For Continuing Other Coverages
5. Effect On Code §401(k) Plans
6. Reinstatement To Benefits
D. Consolidated Omnibus Budget Reconciliation Act Of 1985 (COBRA)
1. In General
2. Special Rules Applicable To
“FSAs”
3. Does COBRA Apply To Your Cafeteria Plan?
4. COBRA In Mergers And
Acquisitions
5. COBRA Controlled Group
Applications
2:25 p.m. - 2:35 p.m.
Break
2:35 p.m. - 4:00 p.m.
VI. HIPAA Privacy And Other
Requirements For Cafeteria And
Related Plans
A. Legislative Background
1. Insurance Reform – Primary Purpose
2. Administrative Simplification – Secondary Purpose
3. Privacy – An Afterthought
B. Applicability And Definitions
1. Covered Entities
2. Health Plan
3. Group Health Plan
4. Plan Sponsor
C. Interaction Between Group Health Plans, Plan Sponsors And Employers
D. Impact On Group Health Plans
E. Requirements For Plan Documents
F. Other Provisions Of HIPAA
1. Preexisting Condition Limitations And Creditable Coverage
2. Special Enrollment Periods
3. Health Status Discrimination
4:00 p.m. - 4:30 p.m.
VII. Questions And Answers
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