Ep 34: Common Ownership and the Controlled Group Rules

In this episode, Suzanne Spradley and Chase Cannon work through benefits compliance issues that arise as a result of common ownership and controlled groups. Suzanne grills Chase on the different types of controlled groups under Internal Revenue Code Section 414 — and how those rules impact employers’ obligations under the ACA's employer mandate, nondiscrimination testing, Form 5500, FMLA and other federal requirements. The two also discuss mergers and acquisitions, and how the change in ownership might impact COBRA and nondiscrimination obligations. The discussion closes on common ownership and MEWAs – some employers may inadvertently create a MEWA – and how employer compliance obligations might be affected by federal and state law.