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Internal Revenue Service. New Regulations
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IRS final regulations provide for voluntary furnishing of electronic payee statements ... (read more)
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Additional evidentiary requirements proposed for foreign students ... (read more)
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Tax. News and Tips
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- Up to $5,250 of educational assistance benefits received from the employer are deductible each year ... (read more)
- Virginia has amended its law relating to background checks in nursing homes ... (read more)
- West Virginia has adopted the Nurse Overtime and Patient Safety Act ... (read more)
- In Pennsylvania public and private employers are prohibited from discharging or otherwise discriminating against an employee ... (read more)
- Connecticut releases its UI contribution rates ... (read more)
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Employee Benefits
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Enrollment in consumer-directed health plans (CDHPs) will continue to grow in 2004 ... (read more)
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Facts. Did you know that ...
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Participation rate for 401(k) plans in 2003 is down ... (read more)
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92% of stocks on the S&P 500 that gained in 2003 ... (read more)
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Internal Revenue Service. New Regulations
IRS final regulations provide for voluntary furnishing of electronic payee statements
Recently-issued IRS final regulations provide for the voluntary electronic furnishing of statements on Form W-2 (Wage and Tax Statement). Employers that are required to file Form W-2 with respect to an employee must furnish a written statement on Form W-2 to the employee. Under the regulations, subject to an employee's consent, the written statement may be furnished electronically.
The IRS states that affirmative consent from the employee may be made electronically in any manner that would reasonably demonstrate that the employee can access the Form W-2 in the electronic format that the employer uses. The consent may also be made on paper if it is confirmed electronically.
Additional evidentiary requirements proposed for foreign students
Responding to data that suggests some foreign students misuse their Social Security Numbers (SSNs) in order to work illegally in the United States or for other fraudulent activities, the Social Security Administration has proposed additional evidence requirements for foreign students in the United States who apply for these numbers. The proposal specifically relates to foreign academic students who receive classification status F-1 from the Bureau of Citizenship and Immigration Services (BCIS).
Background
Currently, an F-1 student who needs an SSN for work is required to present evidence of age, identity, lawful F-1 alien status and work authorization, which can either be in the form of an employment authorization document from BCIS or from the student's school. However, the SSA has learned that some F-1 students apply for an SSN even when there is limited or no employment available. In the past, the SSA has often issued an SSN if it believed that the student had plans to secure a job. Studies by the SSA's Inspector General, however, suggest that some F-1 student applicants engage in work not permitted by their classification or in other fraudulent activities.
What changes are being proposed?
Under the proposal, unless the student has a work authorization from the BCIS, he or she would need to provide documentation from the school where the authorized employment would occur. The student would also have to provide a statement from the employer that he or she was engaged in or has secured employment.
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Tax. News and Tips
Is tuition reimbursement for school a form of taxable income or not?
If an employee receives educational assistance benefits from her employer under an educational assistance program, up to $5,250 of those benefits are deductible each year. This means the employer should not include the benefits with employees' wages, tips, and other compensation shown in box 1 of the Form W-2. An employee does not have to include the benefits on her income tax return. The exclusion also applies to educational assistance for graduate level courses.
To qualify as an educational assistance program, the plan must be written and must meet certain other requirements. The employer can tell whether there is a qualified program at the workplace.
Tax-free educational assistance benefits include payments for tuition, fees and similar expenses, books, supplies, and equipment. The payments do not have to be for work-related courses. Educational assistance benefits do not include payments for the following items:
(1) Meals, lodging, transportation, or tools or supplies (other than textbooks) that can be kept after completing the course of instruction.
(2) Education involving sports, games, or hobbies unless the education has a reasonable relationship to the business of the employer, or is required as part of a degree program.
References: For further information, please see, Publication 508, Tax Benefits for Work Related Education.
Virginia Pre-employment Inquiries Law
The state has amended its law relating to background checks for nursing home workers (Ch. 517 (H. 2402), L. 2002, at VA 48-9000) and employees in direct consumer care positions (Ch. 468 (S. 1121), L. 2002, at VA 48-9000).
West Virginia Overtime Pay Law
The state has adopted the Nurse Overtime and Patient Safety Act. The law provides requirements and limitations for mandatory nurse overtime in certain hospitals (S. 251, L. 2004, at WV 50-1100).
Recordkeeping/Posters Law
West Virginia has enacted a law providing that certain personal information maintained by executive, legislative or judicial branch agencies of the state regarding persons in their capacity as state employees is deemed to be confidential and exempt from disclosure to nongovernmental entities in documents otherwise subject to disclosure under the state's Freedom of Information Act (H. 4020, L. 2004, at WV 50-9900).
Pennsylvania Discrimination Against Military Personnel Law
Public and private employers are prohibited from discharging or otherwise discriminating against an employee with respect to compensation, hire, tenure, terms, conditions, or privileges of employment because of membership in the state and federal military forces. Title 51, Part V, Chapter 73, Section 7309. 39-21,150.01.
Connecticut releases its Unemployment Insurance contribution rates
The trust fund solvency rate for 2004 is 1.4%. As a result, Connecticut's contribution rates for this year will range from a minimum of 1.9% to a maximum of 6.8%. New employers pay 2.4% in 2004. (DOL Communications.)
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Employee Benefits
Enrollment in consumer-directed health plans is growing
Enrollment in consumer-directed health plans (CDHPs) will continue to grow in 2004 as employers search for ways to control double-digit increases in health care benefit costs, according to a study by the National Business Group on Health and Watson Wyatt Worldwide. The establishment of Health Savings Accounts (HSAs) also should contribute to the implementation of high-deductible health plans. HSAs can be paired with high-deductible health plans to encourage employees to become more price sensitive when purchasing health care.
Enrollment in CDHPs will grow to 478,000 in 2004, up from 169,000 in 2003. Nearly one-third (32 percent) of large companies expect to offer a CDHP to workers next year, compared to 21 percent that currently offer such a plan. However, few employers offer them as the only option to their employees. A total of 159 large companies and 9 primary health plans providing CDHPs participated in the survey.
CDHPs allow organizations to give workers flexibility in making decisions about their health care benefits coverage. Most plans include cost-sharing provisions, high deductibles, a health reimbursement account (HRA) or health savings account (HSA), and tools and resources to help workers become smarter health care consumers.
Although costs are primarily driving increased interest in CDHPs, employers cited various reasons for implementing a plan.One out of four (24 percent) respondents cited their confidence that a consumer-directed health plan would reduce overall health plan costs as their primary reason for offering a plan. Slightly fewer (22 percent) said increasing employees' price sensitivity to healthcare decisions led them to implement a plan.
Most employers (76 percent) who offer a plan said employee enrollment in the first year of the program was either at or above the expected level. The remaining 24 percent experienced lower than expected enrollment levels.
However, first-year enrollment levels, ranging from 1 percent to a high of 33 percent, were low relative to enrollment in traditional plans. The survey found that how well the plan was communicated was a primary determinant of enrollment levels.
The survey asked companies without CDHPs why they have not yet adopted one.Nearly three out of ten (29 percent) said there isn't enough experience with these types of plans to demonstrate their effectiveness, while 20 percent did not think these plans would effectively manage costs.
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Facts. Did you know that ...
Participation rate for 401(k) plans in 2003 is 72.6%, down 3.6% from 2002.
Journal of Financial Planning, March 2004
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The Dow Jones gained 43.5% and NASDAQ gained 80% from a low on October 9, 2002, to its close on December 31, 2003.
92% of stocks on the S&P 500 gained in 2003.
Journal of Financial Planning, March 2004
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