United Benefit Advisors Insight and Analysis Blog

Cafeteria Plans: Qualifying Events and Changing Employee Elections

Posted by: Danielle Capilla    Feb 7, 2017 9:30:00 AM

Cafeteria plans, or plans governed by IRS Code Section 125, allow employers to help employees pay for expenses such as health insurance with pre-tax dollars. Employees are given a choice between a taxable benefit (cash) and two or more specified pre-tax qualified benefits, for example, health insurance. Employees are given the opportunity to select the benefits they want, just like an individual standing in the cafeteria line at lunch.

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Topics: ERISA, group health insurance, Danielle Capilla, change in status event, cafeteria plan, Section 125 plan, pre-tax benefits, taxable benefits

COBRA and the Affordable Care Act

Posted by: Danielle Capilla    Jan 5, 2016 12:00:00 PM

The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to offer covered employees who lose their health benefits due to a qualifying event to continue group health benefits for a limited time at the employee's own cost. COBRA provisions are found in the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code (Code), and the Public Health Service Act (PHSA). Employers with 20 or more employees and group health plans are subject to COBRA provisions. Most governmental plans, church plans, and certain plans of Indian tribal governments are exempt from COBRA. Employers should always consult with counsel about state continuation laws that are similar to COBRA and apply to small employers.

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Topics: ACA, PPACA, COBRA, ERISA, change in status event, Affordable Care Act, COBRA continuation coverage

U.S. Supreme Court Finds Same Sex Marriage Is Protected by the 14th Amendment

Posted by: Danielle Capilla    Jul 9, 2015 12:00:00 PM

RingsThe Supreme Court ruled in Obergefell v Hodges, that the 14th Amendment requires a state to license a marriage between two people of the same sex, and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state. The decision was reached 5-4. Justice Kennedy delivered the majority opinion and was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan.

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Topics: Section 125, same sex marriage, group health insurance, Group health plans, U.S. Supreme Court, Danielle Capilla, change in status event, definition of spouse, Obergefell v Hodges