The Benefits Byte is the American Benefits Council’s regular e-mail and online newsletter for members only, providing timely reports on legislative, regulatory and judicial developments, along with updates on the Council’s activities in support of employer-sponsored benefit plans.

The Benefits Byte is published by the American Benefits Council, based on staff reports and edited by Jason Hammersla, Council director of communications. Contact information for Council staff related to specific topics can be found at the end of each story.

Click here to read past issues on the Benefits Byte Archive page.

As we reported in the February 10 Benefits Byte, the U.S. Treasury Department and Internal Revenue Service (IRS) have released final regulations implementing the “Employer Shared Responsibility” provisions (commonly known as the “employer mandate” or the “pay-or-play mandate”) under Section 4980H of the Internal Revenue Code, as added by the Patient Protection and Affordable Care Act (PPACA).

The IRS has posted a series of questions and answers on its website to provide additional information on the new rules. The Q&A guidance covers:

• Basics of the Employer Shared Responsibility Provisions
• Which Employers are Subject to the Employer Shared Responsibility Provisions
• Identification of Full-Time Employees
• Liability for the Employer Shared Responsibility Payment
• Calculation of the Employer Shared Responsibility Payment
• Making an Employer Shared Responsibility Payment
• Transition Relief
• Basics for Small Employers
• Additional Information

A Treasury Department fact sheet had been issued previously, along with the final regulations.

The Council continues to review the regulations and will release a Benefits Blueprint summary shortly. We will also schedule a series of “P4P … Preparing for PPACA” webinars to discuss the guidance, beginning in early March. For more information on the regulations, contact Kathryn Wilber, senior counsel, health policy, at (202) 289-6700.

The American Benefits Council is the national trade association for companies concerned about federal legislation and regulations affecting all aspects of the employee benefits system. The Council's members represent the entire spectrum of the private employee benefits community and either sponsor directly or administer retirement and health plans covering more than 100 million Americans.

Notice: the information contained herein is general in nature. It is not, and should not be construed as, accounting, consulting, legal or tax advice or opinion provided by the American Benefits Council or any of its employees. As required by the IRS, we inform you that any information contained herein was not intended or written to be used or referred to, and cannot be used or referred to (i) for the purpose of avoiding penalties under the Internal Revenue Code, or (ii) in promoting, marketing or recommending to another party any transaction or matter addressed herein (and any attachment).