Infinisource Comments on Regulations
April 15, 2008
From time to time, Infinisource submits comments on proposed federal or state benefit regulations that affect employers. Already in 2008, we are commenting on two such rules.
First, we are commenting on the §1.152-4 IRS regulations issued in May 2007. These regulations govern which parent can count a child as a tax dependent when the parents are divorced, separated or living apart. The IRS scheduled a hearing for early April 2008. Infinisource provided input on how to make the definition of a custodial parent clearer and on how to clarify how parents can release dependent status and revoke such releases. Most health plans define dependents based on §152 of the Internal Revenue Code.
Second, Infinisource is commenting on the DOL's FMLA regulations that were issued in February 2008. These regulations made changes to existing FMLA rules – many of which are more than a decade old. The regulations also sought input on the new military family leave that went into effect in January 2008 with the enactment of the National Defense Authorization Act.
Infinisource's comments focused primarily on clarifying key terms related to military family leave, such as:
- What a qualifying exigency that would trigger military family leave is
- What constitutes a serious injury or illness
- What notice requirements should apply
- How to determine next of kin
- What certification requirements should apply
Infinisource also commented on the proposed regulations, which would update current regulations that were finalized in 1995, focusing on intermittent leave and certification issues.
Infinisource is conducting a webinar on all of the FMLA changes on Wednesday, April 16. To register for the webinar, please contact our Seminars Team at 800-300-3838 or go to the Seminars section of www.infinisource.net.