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401(k) Qualified Retirement Plans

 
A 401(k) plan is a qualified deferred compensation plan, which enables participants to save money, lower taxes, and invest in their financial future. Under a 401(k) plan, elective contributions are made on a pre tax basis.

 The following are some advantages of a 401(k) plan:

A well-designed 401(k) plan can help attract and keep talented employees. 

  • It allows participants to decide how much to contribute to their accounts on a before-tax basis. 

  • Employers are entitled to a tax deduction for their contributions to employees' 

  • The money contributed may grow through investments in stocks, mutual funds, money market funds, savings accounts, and other investment vehicles.

  • Contributions and earnings generally are not taxed by the Federal government or by most State governments until they are distributed.

  • A 401(k) plan may allow participants to take their benefits with them when they leave the company, easing administrative burdens.

 

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Section 125 POP

Section 125 is a provision of the Internal Revenue Code that allows employees to pay their share of the cost of certain group insurance benefits. Under this provision, your paycheck is reduced by the amount of your premiums. That money is removed from your salary structure before Federal Income, State Income, and Social Security taxes are calculated.

Section 125 is sometimes referred to as the Premium Only Plan  (POP).  Also known as Flexible Benefit plan, Section 125 plans allow employees to pay for premiums with pretax dollars

 

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Health Reimbursement Account (HRA) Information Sheet

A Health Reimbursement Arrangement (HRA) is an employer-funded account that is designed to reimburse employees for qualified medical expenses that are paid for out-of-pocket. There are no annual contribution limits on HRAs; however, the employer usually sets the contribution below the annual deductible. HRAs are often designed to operate with a high deductible health plan (HDHP), thereby reducing premium costs while encouraging employees to spend wisely.  Your employer sets up the HRA, determines the amount of money available in each employee's HRA for the coverage period, and establishes the types of expenses the funds can be used for.

What is a High Deductible Health Plan (HDHP)? 

A HDHP has:

  • A higher annual deductible than typical health plans; and

  • A maximum limit on the sum of the annual deductible and out-of-pocket medical expenses that you must pay for covered expenses.  Out-of-pocket expenses include copayments and other amount, but do not include premiums.

 

Who is eligible for an HRA?

  • HRAs are employer-established benefit plans. These may be offered in conjunction with other employer-provided health benefits. Employers have complete flexibility to offer various combinations of benefits in designing their plan. You do not have to be covered under any other health care plan to participate. Self-employed persons are not eligible for an HRA. Certain limitations may apply if you are a highly-compensated participant.

  • An HRA may reimburse medical care expenses only if they are incurred by employees or former employees (including retirees) and their spouses and tax dependents. HRA coverage must be in effect at the time the expense is incurred.

 

Qualified Medical Expenses

Qualified medical expenses are those specified in the plan that would generally qualify for the medical and dental expenses deduction.  Examples include amounts paid for doctors' fees, prescription and non-prescription medicines, and necessary hospital services not paid for by insurance. You can use your HRA funs for deductibles, copayments and coinsurance.

 

Are my benefits taxable?

The HRA plan is intended to meet certain requirements of existing federal tax laws, under which the benefits that you receive under the HRA Plan generally are not taxable to you. Your employer cannot guarantee the tax treatment to any given participant, since individual circumstances may produces differing results.

 

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Health Savings Account (HSA) Information Sheet

A Health Savings Account (HSA) is an account that can be funded with your tax-exempt dollars, by your employer, or both, to help pay for eligible medical expenses not covered by an insurance plan, including the deductible, coinsurance, and even in some cases, health insurance premiums.

Who is eligible for an HSA? 

Anyone who is:

  • Covered by a High Deductible Health Plan (HDHP);

  • Not covered under another medical plan that is not a HDHP;

  • Not entitled to Medicare benefits; or

  • Not eligible to be claimed on another person's tax return.

 

What is a High Deductible Health Plan (HDHP)?

A High Deductible Health Plan is a plan with a minimum annual deductible and a maximum out-of-pocket limit as listed below. These minimums and maximums are determined annually by the Internal Revenue Service (IRS) and are subject to change.

 

When do I use my HSA?

Your HSA dollars can be used to pay your out-of-pocket expenses (deductibles and coinsurance) billed by the physician, facility, or pharmacy or you can choose to save your HSA dollars for a future medical expense. For a full list of eligible expenses you may refer to HSA Eligible Expenses

What if I enroll in an HSA in the middle of a year?

If you enroll in an HSA in the middle of a year, you are allowed to make a full year's contribution, provided that you remain covered by the HSA for at least the 12-month period following that year.

 

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Flexible Spending Account (FSA) Information Sheet 

Flexible Spending Accounts (FSAs) provide you with an important tax advantage that can help you pay health care and dependent care expenses on a pre-tax basis. By anticipating your family's health care and dependent care costs for the next plan year, you can actually lower your taxable income.

The Internal Revenue Service set up FSAs as a means to provide a tax break to employees and their employers. As an employee, you agree to set aside a portion of your pre-tax salary in an account, and that money is deducted from your paycheck over the course of the year. The amount you contribute to the FSA is not subject to Social Security (FICA), federal, state, or local income taxes - effectively adjusting your annual taxable salary. The taxes you pay each paycheck and collectively each plan year can be reduced significantly, depending on your tax bracket.

Eligible health care expenses for the Health Care Reimbursement FSA include more than just your deductible and copayments. Generally, any medically necessary health care expense that you can deduct on your tax return is considered an eligible expense. Some examples include:

  • Hearing services, including hearing aids and batteries

  • Vision services, including contact lenses, contact lens solution, eye examinations, and eyeglasses

  • Dental services and orthodontia

  • Chiropractic services

  • Acupuncture

  • Prescription contraceptives

For more information about eligible medical expenses, please refer to the attached list of example eligible and ineligible expenses, or refer to IRS Publication 502, Medical and Dental Expenses available at
http://www.irs.gov/publications/p502/index.html

 

Dependent Care FSA

The Dependent Care FSA lets you use pre-tax dollars towards qualified dependent care. 

Some examples of qualified expenses can be:

  • Costs of child/adult dependent care in our out of your home

  • Nursery schools and preschools (excluding kindergarten)

In order for dependent care services to be eligible, they must be for the care of a tax dependent child under age 13 who lives with you, or a tax dependent parent, spouse, or child who lives with you and is incapable of caring for himself or herself. The care must be needed so that you and your spouse (if applicable) can go to work. Care must be given during normal working hours - Saturday night babysitting does not qualify - and cannot be provided by another of your dependents.

 

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Individual Medical Insurance Plans

Individual medical insurance is coverage that a person buys independently. It can be sold to a single individual, to a parent and dependent children, or to a family. The majority of Americans get their medical insurance coverage through an employer or through a government program, but five percent of the population purchases private medical coverage on an individual basis. Each state separately regulates how individual policies may be marketed and sold.

 
Short Term Medical Insurance

Provides comprehensive temporary medical insurance coverage that protects against catastrophic costs of unexpected medical bills.

  • Coverage plans range from 30 to 365 days (depending on state of residency)

  • Now offers prescription drug coverage

  • Allows the insured to use their own doctors and hospitals

Assurant - Please click here to apply for short term medical insurance.

 

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Travel Insurance

Travel insurance is designed for problems that arise suddenly during a trip. Basic coverage may include reimbursement for trip cancellation, interruption and delay because of illness, bad weather, baggage loss or delay, medical insurance and medical evacuation (in case of illness or injury during travel), and a 24-hour assistance telephone line.

For more information on travel insurance go to the U.S. Department of State - Bureau of Consular Affairs Travel website at http://travel.state.gov/

Insurance for International Business Travelers

Employers can purchase insurance specific to employees they send overseas for business purposes - even if the trip is short-term. Obtaining medical treatment and hospital care abroad can be expensive. Generally, American medical insurance is not accepted overseas, nor do the Social Security Medicare and Medicaid programs provide coverage for hospital or medical costs outside the United States. Instead employers can purchase supplemental medical coverage for their employees that their current health plan does not supply. Travel insurance could turn out to be much more cost-effective for your business as a whole.

 

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Legislative Topics

Understanding HIPAA

HIPAA stands for The Health Insurance Portability and Accountability Act of 1996.  HIPAA covers transactions, security and privacy of health care data.  The regulations apply only to information that identifies an individual or "where there is a reasonable basis to believe that the information could be used to identify that individual." (Public Law 104-191)

HIPAA has three main goals:

1.To allow people to transfer their health insurance to a new employer without a waiting period, and to give them the right to buy a guaranteed individual insurance policy when leaving an employer.

2.To provide comprehensive protection for the privacy and security of patients' health information.

3.To standardize the electronic transmission of patient information.

One reason this rule was conceived is the wide-ranging use of electronic communication and records storage in the medical field.  HIPAA intends to make sure that security measures are implemented to prevent unauthorized personnel from viewing those records.

Protected Health Information (PHI)

  • HIPAA covers all forms of electronic record keeping - like emails, faxes and voice mail.  

  • HIPAA even covers oral communications

  • As a result of the implementation of HIPAA, you will notice changes in your office visits such as increased amounts of required paperwork.

COBRA Administration 

COBRA stands for Consolidated Omnibus Budget Reconciliation Act of 1985.

COBRA is the federal health care continuation law. COBRA requires that if an employee or other "qualified beneficiary" loses employer-provided health coverage due to termination of employment or another specified "qualifying event," the group health plan must offer continued health care coverage to the qualified beneficiary. The qualified beneficiary is typically required to pay the full cost of the COBRA coverage.

In most cases, the maximum COBRA period is 18 or 36 months from the date of the qualifying event.

COBRA law is applicable to groups of 20 or more employees. Employers are to count all full and part-time employees on the payroll.

 

Medicare

Medicare is a health insurance program for:

  • People age 65 or older

  • Certain individuals with disabilities under 65 years of age.

  • People with End-Stage Renal Disease (permanent kidney failure requiring dialysis or a kidney transplant).

There are two parts to Basic Medicare: 

Part A - Hospital Insurance

May assist in payment of inpatient hospitals, critical access facilities, skilled nursing facilities, hospice. Most qualify upon turning age 65. There is no premium due because individuals or their spouses paid Medicare taxes while in the workforce.

Part B -Medical Insurance

Medical coverage to assist in services such as outpatient hospital care, physical and occupational therapists as well as possible home health care.

Part D - Prescription Drug

Medicare-eligible individuals now have the option of enrolling in a Part D prescription drug plan. Medicare-eligible individuals include those persons who are entitled to Medicare benefits under part A or who are enrolled in Medicare Part B.

For more information visit http://www.cms.hhs.gov/PrescriptionDrugCovGenIn/

 

Family Medical Leave Act (FMLA)

Those employers subject to FMLA guidelines must grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons:

  • For the birth and care of the newborn child of the employee; 

  • For placement with the employee of a son or daughter for adoption or foster care; 

  • To care for an immediate family member (spouse, child, or parent) with a serious health condition;

  • To take medical leave when the employee is unable to work because of a serious health condition.

For more information regarding FMLA guidelines & eligibility visit:  U.S. Department of Labor: Compliance Assistance: Family and Medical Leave Act (FMLA) at http://www.dol.gov/esa/whd/fmla/

 

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MyWave

Click, connect and communicate more effectively with MyWave, an Oakland Companies sponsored online technology that serves our human resource and benefit administrator clients. MyWave is connected through the MyWave web-based portal .  Benefit clients have access to time-saving tools and resources to help build convenience into managing everyday work tasks with guides, benchmark surveys, templates, timely news, and connection with industry peers, all available on demand, including:

Benefits Legislation and Compensation, Employee Relations & Recruitment

MyWave helps to effectively communicate and educate your employees on various benefit and health-related topics.  Through MyWave, Oakland Companies' clients have ready-to-print newsletters, articles and tip sheets that help their employees make wise and informed healthcare choices, and demonstrate the impact their decisions have on the economics of healthcare.  General topics include:

  • At the Doctor's Office and at the Pharmacy 

  • Home Care and Wellness 

  • Understanding Health Benefits 

 

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Useful Links

 

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