Hamilton Headlines
March 7, 2016

IRS Alerts Payroll and HR Professionals to Phishing Scheme Involving W-2s

WASHINGTON - The Internal Revenue Service today issued an alert to payroll and human resources professionals to beware of an emerging phishing email scheme that purports to be from company executives and requests personal information on employees.

The IRS has learned this scheme - part of the surge in phishing emails seen this year - already has claimed several victims as payroll and human resources offices mistakenly email payroll data including Forms W-2 that contain Social Security numbers and other personally identifiable information to cybercriminals posing as company executives.
Confusion Lingers About PEOs and ACA Compliance

Apart from political controversies, the introduction of the Affordable Care Act has opened up questions about liability. Specifically, small and medium-size employers who find it less expensive to use services like Professional Employer Organizations to administer their employee benefits may still be liable for infractions under the act.

Although the government has made some recent provisions in terms of who can or should be administering the ACA's requirements, questions about liability remain.

Specifically, under the ACA, responsibility for compliance falls to the common law employer. But when contracting with a PEO, there are still questions about who the common-law employer is, and therefore who is responsible for providing benefits and reporting them accurately.
More Information 

Final Regulations on 2017 Benefit and Payment Parameters
On February 29, the Department of Health and Human Services (HHS) issued final regulations that address a wide range of benefit and payment parameters under the Affordable Care Act (ACA), effective for plan years beginning on or after January 1, 2017. The final regulations include some changes from the proposed rules that were issued in November 2015, and delayed a few provisions contained in the proposed rules until 2018.

On the same date:
  • The Centers for Medicare and Medicaid Services (CMS) issued an FAQ that clarified the suspension of the 2017 Health Insurance Industry Fee. The moratorium will apply to the Health Insurance Industry Fee that would have been due in the 2017 calendar year based on 2016 data.

Complete Article   

Questions A bout
You can  reach  us by 
clicking here!

Health Care Reform Checklist for 2016
This checklist is designed to help employers who sponsor group health plans review their compliance with key provisions of the federal Affordable Care Act (ACA) for 2016. If you have any questions regarding your responsibilities, please contact a knowledgeable employment law attorney, benefits advisor, or your carrier.

Please Note: This list is for general reference purposes only and is not all-inclusive. The information is subject to change based on new requirements or amendments to the law. Additionally, your company or group health plan may be exempt from certain requirements and/or subject to more stringent rules under your state's laws.

1. Evaluate Grandfathered Status of Group Health Plan

A grandfathered plan is one in existence as of March 23, 2010 that has covered at least one person continuously from that day forward. Grandfathered plans do not have to comply with certain ACA rules.
  • Determine whether any changes to the plan that reduce benefits or increase costs to employees and dependents enrolled in coverage result in a loss of grandfathered status.
  • If the plan loses grandfathered status, confirm that the plan design and benefits offered reflect all ACA requirements that previously did not apply because the plan was exempt (such as coverage of preventive services without cost-sharing).
  • If the plan remains grandfathered, provide a Notice of Grandfathered Status whenever a summary of plan benefits is provided to participants and beneficiaries. Continue to maintain records documenting the terms of the plan that were in effect on March 23, 2010, and any other documents necessary to verify grandfathered status.

More Details 

Top 10 Legal Challenges Employers Will Face in 2016 

The new year will bring a host of demanding tasks for employers, including 10 top employment law challenges, according to a report issued by XpertHR , a publisher of online HR legal information.
Same-sex marriage now is lawful nationwide following the Supreme Court's ruling in Obergefell v. Hodges, 135 S. Ct. 2584 (2015). Consequently, employers need to ensure that their policies and practices don't discriminate against those in same-sex marriages, Beth Zoller, a legal editor with XpertHR, said in an interview with SHRM Online. "Employers must revisit their policies and practices regarding EEO [equal employment opportunity] and discrimination, employee benefits, leave policies, family and medical leave, marriage status, and tax information to ensure they lawfully implement this ruling," the report stated.
Protections for lesbian, gay, bisexual and transgender (LGBT) individuals are expanding at the federal and local levels, meaning that prudent employers will treat LGBT workers as a protected class, Zoller said. The federal government pronounced in 2015 that treating a LGBT worker less favorably based on sex or gender stereotypes is a violation of Title VII of the Civil Rights Act of 1964, the report said.

-- ACA Reporting  
Forms 1094-C and 1095-C to be filed with the IRS by May 31, 2016 (instead of February 29, 2016) or June 30, 2016 (instead of March 31, 2016), if filing electronically.

Forms 1095-C are due to employees by March 31, 2016 (instead of February 1, 2016).

-- D.C. Commuter Benefit
The January 1, 2016 effective date has received a 90-day grace period. Employers must have benefits in place by 4/1/2016.  

Connect With Us On Social Media!

Like us on Facebook      Follow us on Twitter      View our profile on LinkedIn 

Please note that Hamilton Insurance does not provide legal advice, and this does not constitute advice of any kind for any 
particular situation. Instead, this is intended as non-comprehensive general information serving as a starting point for further 
discussion. Please contact your tax and/or legal advisors for information about how these issues affect you.  
About Us
H amilton Insurance , a top ranked independent broker in the Washington DC/Metropolitan Area and the nation, has over 35 years of experience in providing insurance brokerage, risk management and employee benefit solutions. It represents a full suite of commercial, health & welfare, and personal insurance solutions, supported by risk compliance and group benefit administrative services. 

Hamilton Insurance Agency
4100 Monument Corner Drive
Fairfax, Virginia 22030
p) 800.275.6087
f) 703.359.8108