Employee Benefits

The combination of Donald J. Trump as President and a Republican majority in both houses of Congress presents a better (although still far from clear) idea of the kinds of changes to expect in the employee benefits area over the next few years.

For instance, with President Trump pledging to “repeal and replace” the Affordable Care Act (ACA), there may well be a repeal to the Cadillac Tax, which is scheduled to become effective in 2018 and imposes a 40 percent excise tax on a health plan’s excess benefits over specified thresholds. In addition, because the cost of purchasing health care coverage on the state exchanges has risen precipitously, certain aspects of the President's campaign platform—including eliminating state lines—likely will be pursued to enhance competition among health plans across the country.

Besides the potential repeal of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Department of Labor’s fiduciary rule, tax exclusions for group health plan insurance premiums and retirement plan contributions could be ripe for change under a Trump administration, as many in Congress believe that these tax exclusions add significantly to the budget deficit. Also, there are several pieces of employee benefits legislation outstanding, including the Retirement Enhancement and Savings Act, which would expand savings options for many; draft legislation to modernize the multiemployer pension system; and a bill to amend the nondiscrimination rules for defined benefit pension plans.

Epstein Becker Green will monitor these developments and stands ready to assist employers in responding to them.

Related Resources

March 20, 2017 - Adam Solander Quoted in “Six Health Reform Changes Could Have Major Impact on Employers”

March 14, 2017 - Frank Morris Quoted in “GOP’s Worker Genetic Testing Bill Moves in House”

March 7, 2017 - Michelle Capezza Quoted in “3 Employer Takeaways from the ACA Repeal Proposal”

February 28, 2017 - Five Employment Issues Under the New Administration That Financial Services Employers Should Monitor

February 17, 2017 - EVENT: Deregulation’s Impact On HR: Trump’s First Hundred Days And Beyond

February 8, 2017 - Adam Abrahms Quoted in “What Would Happen to Covered California After ACA Repeal?”

February 6, 2017 - A Closer Look at Gorsuch’s Labor Opinions

November 7, 2017 -  VIDEO: Trump Taps Judge Neil Gorsuch for Supreme Court: An Interview with Stuart M. Gerson

February 3, 2017 - Presidential Memorandum on Fiduciary Duty Rule

February 3, 2017 - Presidential Executive Order on Core Principles for Regulating the United States Financial System

February 2, 2017 -  Stuart Gerson Quoted in “Gorsuch’s Antipathy to Agency Rules May Boggle Health Industry”

February 2, 2017 -  David Garland Quoted in “Labor Agencies Would Face Rough Road Before Gorsuch”

February 1, 2017 -  David Garland Quoted in “In Focus: Trump’s Supreme Court Nominee Has Favored Employers in Past Decisions”

January 25, 2017 -  President Appoints Victoria A. Lipnic EEOC Acting Chair

January 23, 2017 -  VIDEO: Post-ACA Health Plans, Labor Landscape, Wage and Hour Changes, Increased Cyber Threats, Retirement Plans - Employment Law This Week (Episode 56: Week of January 23, 2017).

January 23, 2017 -  A New Year and a New Administration: Five Employment, Labor & Workforce Management Issues That Employers Should Monitor

January 23, 2017 -  Change Is Here – President Trump’s First Day Includes Addressing the Affordable Care Act and Freezing Regulations

January 20, 2017 -  Memorandum for the Heads of Executive Departments and Agencies

January 2017 -  United States Congressional Committee Meeting Hearings

December 22, 2016 -  Mental Health Parity Enforcement Efforts Likely to Continue but with New Focus

December 7, 2016 -  Frank Morris, Jr. Quoted in “Trump Pick Could Set Tone of Supreme Court”

December 2016 -  Top Five Employment, Labor & Workforce Management Issues of 2016

November 23, 2016 -  What a Trump Presidency Means for Recruiting and HR Professionals

November 21, 2016 -  VIDEO: Election 2016 - New Laws Impacting Employers: An Interview with Deborah Cannavino

November 14, 2016 -  EVENT: The DOJ’s ADA Barrier-Free Health Care Initiative and the New ACA § 1557 Non-Discrimination Rule

October 27, 2016 -  David Garland Quoted in “How the Clinton v. Trump Election Will Impact HR, No Matter Who Wins”

September 8, 2016 -  EVENT: ACA Information Reporting on Forms 1094 and 1095 B&C: Getting Ready for 2017 Webinar