Health Reimbursement Accounts
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Same-Sex Marriage Is Legal in All 50 States: So What Now?

Now that same-sex marriage is legal in all 50 states, most benefits plans will treat same-sex spouses the same as opposite-sex spouses. But several tricky issues remain. For example, what if an employer with religious beliefs wants to continue to exclude same-sex spouses from receiving benefits under its retirement plans? Or its medical and dental plans? Are employers that deny coverage vulnerable to sexual orientation and/or sex discrimination lawsuits under state and local law or to federal Title VII lawsuits? What has the EEOC said about this issue? In addition, should employers consider dropping benefits for unmarried partners? Is the answer different if the employer’s plans cover both same-sex and unmarried opposite-sex partners?

The following presentation highlights some of these considerations.

View presentation slides.




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New Guidance on Form 8889 for Health Savings Accounts

by Amy M. Gordon and Susan Nash

The Internal Revenue Service (IRS) has released the 2012 version of Form 8889 (Health Savings Accounts [HSA]) and its Instructions.  The Form 8889 is filed by HSA holders as an attachment to the IRS Form 1040.  The Form 8889 is generally used to report contributions and distributions to and from the HSA.  The 2012 versions of the form and instructions are substantially similar to the 2011 versions, however the 2012 form and instructions have been updated to include the 2012 contribution limits, and to reflect that qualified HSA distributions from health flexible spending accounts (FSA) or health reimbursement accounts (HRA) are no longer permitted.  Please note the 2012 HSA contribution limits are $3,100 for an individual and $6,250 for a family.  




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