June 25, 2019

June 24, 2019

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October 1, 2013 Deadline for Notice to Employees of Coverage Options Under the Affordable Care Act

An important deadline under the Affordable Care Act is rapidly approaching.  By no later than October 1, 2013, all employers must distribute a notice to all current employees to inform them of certain health coverage options under the new public exchanges.  Employers must provide this notice regardless of how many persons they employ and regardless of whether they offer employer-sponsored health coverage.  On and after October 1, employers also will have to provide these notices to new employees at the time of hiring.

Information on this requirement, including model notices, can be found on the Department of Labor’s website.  Notices must include specific information about the new public exchanges and, if the employer offers employer-sponsored health coverage, certain information about the employer’s health plan.  Although the model notices are good starting points, they are potentially confusing to employees and leave out information that may be important to employers and/or employees (such as reminding employees that the individual mandate takes effect January 1, 2014, and explaining that enrolling in employer-sponsored coverage will prevent the employee from paying individual mandate penalties).  Every employer is encouraged to evaluate whether it should modify the model notice to better fit the needs of the company and its employees.

Employers needing assistance with the preparation and content of their notices should contact their plan advisors now, due to the closeness of the deadline.

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About this Author

C. Marcus Harris, Labor, Employment, attorney, Poyner Spruill, law firm
Attorney at Law

Marc divides his time between two primary areas of practice, employee benefits and corporate and business law.  In the area of employee benefits, he represents clients in the design, implementation and administration of qualified and non-qualified retirement plans and deferred compensation plans and related management employment agreements for tax exempt, governmental and for-profit employers.  Additionally, Marc has extensive experience representing physician practices in mergers with other practices, forming and ending relationships with hospitals and management...

Kelsey H. Mayo, Employee Benefits Attorney, Poyner Spruill Law Firm

Kelsey's practice is focused in the areas of Employee Benefits and Executive Compensation.  She has extensive experience working with governmental, non-profit, and for-profit employers on all aspects of qualified and non-qualified plans, welfare benefit plans, fringe benefit plans, and executive compensation plans.  She routinely represents clients before the Internal Revenue Service and Department of Labor in matters involving employee benefits.

Representative Experience

  • Assisting employers establish and maintain defined benefit and defined contribution retirement plans in compliance with ERISA and the Internal Revenue Code.

  • Designing and redesigning retirement plans to take advantage of new rules and strategies, including safe harbor 401(k) plans, automatic contribution arrangement features, and cash balance plan conversions.

  • Providing guidance to plan fiduciaries regarding meeting fiduciary duties and responsibilities under retirement plans.

  • Counseling companies considering a retirement plan termination regarding compliance, required filings, and taxation issues.

  • Aiding employers in the design, modification, and termination of executive employment agreements and executive compensation arrangements.

  • Negotiating and reviewing executive compensation arrangements, including compliance with Internal Revenue Code Section 409A.

  • Advising employers on administration of benefit plans in accordance with applicable rules and regulations.

  • Working with employers to identify and correct plan errors through the DOL and IRS compliance programs.

  • Advising employers on welfare and fringe benefit plans, including HIPAA, COBRA, domestic partner, and non-discrimination issues.