1. Employee Benefits Legal Update Inland HR Management Conference Diane V. Dygert Ben Conley

2. Legal Disclaimer The contents of this presentation should not be construed as legal advice or a legal opinion on any specific facts or circumstances. These materials are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have. 2 | ©2014 Seyfarth Shaw LLP

3. Today’s Roadmap Same-sex marriage developments ACA challenges IRS ACA reporting forms DOL versus SEC 3 | ©2014 Seyfarth Shaw LLP

4. Same-Sex Marriage Update Same-Sex Marriages ►Windsor decided June 2013 Federal DOMA unconstitutional ►IRS – retroactive impact on retirement plans (Notice 2014-19) ►State Bans on Same-Sex marriage Split created by 6 th Circuit Supreme Court to hear Obergefell v. Hodges on April 28 May states limit marriage to a man and a woman Must states recognize same-sex marriage performed in other states ►Map has been rapidly evolving 4 | ©2014 Seyfarth Shaw LLP

5. No recognition Same-sex marriage Pending court challenge Ct challenge & Recognize other states States’ Position on Same-Sex Unions 16839052v.1

6. ACA Exchanges Federally established exchanges ►Several states refused to establish their own Exchange ►Other states partnered with the Federal government to assist 6 | ©2014 Seyfarth Shaw LLP

7. ACA Exchanges Establishing State Exchanges? State Exchange State/Federal Partnership Federal Exchange 7 | ©2015 Seyfarth Shaw LLP

8. ACA Exchanges King v. Burwell – ►ACA authorizes subsidies on exchanges “established by the state” ►Question heard by SCOTUS Does the language of the ACA mean taxpayers in states with Federal exchange are not eligible for a subsidy? ►Oral arguments on March 6, 2015 ►Court decision will not be published until late June 2015 8 | ©2014 Seyfarth Shaw LLP

9. IRS ACA Reporting When? ►2015 – first year reporting required (due in 2016) Who? ►6055: Providers of minimum essential coverage (insurers and sponsors of self-funded plans), and ►6056: Applicable large employers (ALEs) subject to the employer mandate What? ►1094 and 1095 B series Insurance providers of minimum essential coverage ►1094 and 1095 C series ALEs ©2013 Seyfarth Shaw LLP 9 |

10. IRS ACA Reporting Forms 10 | ©2014 Seyfarth Shaw LLP

11. IRS ACA Reporting Forms 11 | ©2014 Seyfarth Shaw LLP

12. IRS ACA Reporting Forms 12 | ©2014 Seyfarth Shaw LLP

13. DOL v SEC on Fiduciary Rules White House Economic Advisors’ January memorandum ►Abusive trading practices cost workers $8-17 billion in retirement savings annually ►Suggests DOL re-propose its fiduciary rule to require brokers to act in clients’ best interests DOL indicated that it will re-issue its fiduciary rule (originally enacted in 1975) Wall Street reacts ►SEC indicates protections already in place through their rules Congress acts: ►Bill introduced that would force the DOL to wait until SEC has acted ►Demands proof that DOL is coordinating with SEC ©2013 Seyfarth Shaw LLP 13 |

14. Questions? ddygert@seyfarth.com bconley@seyfarth.com To sign up for ACA Resource Center https://aca-seyfarth.com To sign up for Seyfarth Alerts, email healthreform@seyfarth.com @SeyfarthEBLaw ddygert@seyfarth.com bconley@seyfarth.com https://aca-seyfarth.com healthreform@seyfarth.com