Last Friday, employers contributing to multiemployer plans received some good news. As expected, the Internal Revenue Service amended the transition rule for 2014 originally set forth in its proposed regulations on the pay or play mandate. (The new text of the rule can be found here). An employer required by a collective bargaining agreement to contribute to a multiemployer plan for some or all of its employees is treated as having offered coverage to employees for whom it contributes as long as the plan offers to individuals who satisfy the eligibility provisions coverage that is affordable, provides minimum value and, subject to the transition rule for dependent coverage, offers dependent (i.e., children up to age 26) coverage. 

This relief is notable in part because it applies to all employees for whom the employer is required by the collective bargaining agreement to make contributions, not just those who end up being offered the coverage. In addition, an employer can utilize this relief even if the multiemployer plan’s eligibility provisions result in coverage not being offered within three months after employment begins. Separately, multiemployer plans must still comply with the 90-day waiting period limitations, which presents unique challenges for multiemployer plans (such as those with hours-based eligibility). Nevertheless, this clarification of the pay or play transition rule is welcome relief to these plans and their contributing employers for 2014.

Of course, since the existence of multiemployer plans is ultimately dependent on the collective bargaining process, which often abhors uncertainty, one hopes that the IRS will soon provide guidance as to whether it will extend this transition rule beyond 2014 (or, if not, what rules will supplant it).

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Photo of Robert Projansky Robert Projansky

Robert M. Projansky is a partner in the Employee Benefits & Executive Compensation Group and is currently a member of the Firm’s Executive Committee.

Rob has a broad practice advising both multiemployer and single employer clients on all issues related to the legal…

Robert M. Projansky is a partner in the Employee Benefits & Executive Compensation Group and is currently a member of the Firm’s Executive Committee.

Rob has a broad practice advising both multiemployer and single employer clients on all issues related to the legal compliance and tax-qualification of ERISA-covered pension and welfare plans. Rob’s clients include the largest and highest-profile U.S. media and entertainment industry clients, as well as a broad range of Fortune 500 companies.

In the multiemployer context, he serves as counsel to the boards of trustees of a number of large and small funds and frequently assists clients in addressing issues related to the funding of defined benefit pension plans, including zone status, benefit suspensions, special financial assistance and withdrawal liability. He also advises these clients on healthcare compliance, cybersecurity and government investigations. In addition, his practice includes advising corporate clients on their responsibilities related to multiemployer plans, with particular expertise on the impact of multiemployer and collectively bargained plans in corporate transactions.

Rob has extensive experience advising corporate clients regarding general compliance issues and fiduciary compliance matters, including plan asset and prohibited transaction issues. He also has addressed a myriad of issues related to complex plan investments, including negotiation of separately managed and collective investment vehicles for both traditional and alternative investments such as hedge funds, private equity funds and fund-of-funds vehicles.

Rob is described in Chambers USA as “incredibly smart and creative, and a really effective, zealous advocate” who “adroitly communicates complicated ERISA matters to clients in understandable language and well-timed levity.”  He is a widely sought after speaker on topics related to employee benefits, fiduciary, cybersecurity and government investigations and speaks each year at the annual conference and various other conferences sponsored by the International Foundation of Employee Benefit Plans, the largest educational organization in the employee benefits industry. Rob currently serves as one of the nine Advisory Directors on the Board of Directors of the International Foundation.