Aon Washington Report

January 30, 2017

Legislative/Executive

President Signs Executive Order on Regulations

On January 30, 2017, President Trump signed an Executive Order that requires two federal regulations to be rescinded for every new federal regulation that is implemented. The text of the Executive Order was not available at the time of publication.

Health

EEOC Releases Guidance for Workers and Mental Health Providers

The United States Equal Employment Opportunity Commission (EEOC) has released guidance for workers, mental health providers, and employers to help educate about federal disability rights laws and how to safely seek legal protections. The guidance includes a publication on the job rights of employees and applicants with a mental health condition and a fact sheet for mental health providers.

"Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights" is written in a question and answer format targeted at workers, briefly explaining a worker's rights provided by the Americans with Disabilities Act. The fact sheet, "The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work," is also presented in a question and answer format and clarifies the provider's role. The fact sheet includes a section on required documentation employers can point to when telling an employee what they need to evaluate the worker's condition and need for accommodation.

The guidance is available here.

The fact sheet is available here.

Retirement

PBGC E-Filing Portal Ready for 4010 Filings

On January 23, 2017, the Pension Benefit Guaranty Corporation (PBGC) announced that the PBGC e-filing portal has been updated to reflect the regulatory changes issued last March that were applicable to information years beginning on or after January 1, 2016 (i.e., filings due on or after April 17, 2017). The e-filing portal is now ready to accept 4010 filings for such years.

The PBGC’s 4010 web page with more information is available here.

Aon Publications

2017 Medicare Part D Disclosure Reminder

This Aon bulletin is a reminder of an annual disclosure requirement applicable to most employers that provide prescription drug coverage to individuals who are Medicare Part D-eligible. This disclosure is not new and should have occurred each year since 2006. The disclosure applies regardless of whether an employer provides retiree prescription drug benefits.

For 2017 calendar year plans, the disclosure must occur no later than March 1, 2017. The annual disclosure must occur for any employer that provides prescription drug coverage to anyone who is Medicare Part D-eligible.

An employer that has been approved for the retiree drug subsidy (RDS) is exempt from filing the notice with the Centers for Medicare and Medicaid Services (CMS) with respect to those qualified covered retirees for whom the employer is claiming the RDS. For this group, the employer’s RDS application serves as the disclosure to CMS. As noted below, even if the employer is approved for RDS for some groups, the notice will be required for all groups other than those for which the employer is claiming the RDS. For example, an employer that applies for the RDS must still disclose this information for any active employee who is Medicare Part D-eligible.

This Aon bulletin discusses:

• How to complete the notification;
• Who must complete the notification;
• The deadline for completing the notification; and
• The content of the disclosure notification.

The Aon bulletin is available here.

Aon Publications on Federal Developments in 2016

Aon provided insights into numerous developments last year that had an impact on employer-provided health plans, retirement plans, sick leave, overtime, and other areas of employee benefits and human resources affecting employers. Many of these developments consisted of regulations, notices, court decisions, questions and answers, requests for comments, and reporting and disclosure forms issued by federal agencies. This report gathers together the Aon bulletins that summarized and analyzed significant developments in 2016, with direct links to the publications. The 2016 issues of the "Aon Retirement Legal Consulting & Compliance Quarterly Update" are also included.

The Aon bulletin is available here.