Five Stories That Matter in Michigan This Week – June 23, 2023

  1. Client Alert: PCORI Fees Due by July 31, 2023!

In Notice 2022-59 the Internal Revenue Service set forth the PCORI amount imposed on insured and self-funded health plans for policy and plan years that end on or after October 1, 2022, and before October 1, 2023.

Why it Matters: Notice 2022-59 sets the adjusted applicable dollar amount used to calculate the fee at $3.00. Specifically, this fee is imposed per average number of covered lives for plan years that end on or after October 1, 2022, and before October 1, 2023. For self-funded plans, the average number of covered lives is calculated by one of three methods: (1) the actual count method; (2) the snapshot method; or (3) the Form 5500 method. Learn more from your Fraser Trebilcock attorney.

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  1. Michigan Legislation Aims to Make it Easier to Hire Teachers and Counselors

On Thursday, the Michigan House passed legislation—which cleared the Michigan Senate in April—that aims to reduce barriers for out-of-state teachers and school counselors to work in Michigan’s schools. Senate Bill 161 would change Michigan’s teacher certification requirements, and Senate Bill 162 would similarly ease the way for out-of-state counselors to work with Michigan students.

Why it Matters: Michigan schools, like many in other parts of the country, have faced staffing shortages similar to those other employers have struggled with.

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  1. What You Need to Know About Pet Trusts

A pet trust is a legal document that allows you to provide for the care of your beloved pet if you become incapacitated and after you pass away. A pet trust can be created as a standalone document, or as part of a revocable (living) trust or will. In addition, a durable power of attorney can provide instructions to an agent for the care of a pet during your lifetime.

Why it Matters: Estate planning with pets in mind is an increasingly popular way for pet owners to ensure that their furry companions are taken care of, even when the owners can no longer care for themselves. Learn more about how to effectively care for your pets if you become incapacitated or pass away.

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  1. New Distracted Driving Law Goes into Effect June 30

Beginning June 30, Michigan motorists will be prohibited from using any mobile electronic device while operating a motor vehicle, even if at a stop sign or red light. This includes sending/receiving texts, accessing social media, or recording videos.

Why it Matters: First time offenders will face a $100 fine and/or 16 hours of community service, in addition to one point being added to the individual’s driving record. Penalties will increase for repeated violations, and on the third offense, individuals may be required to take a drivers improvement course.

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  1. Fraser Trebilcock Attorney Obtains Dismissal for Firm Client

Fraser Trebilcock attorney Jared Roberts recently obtained a dismissal in a circuit court case brought against a brokerage and salesperson.

Why it Matters: In this case, which involved interpretation of transaction documents, a county “Time of Sale” well and septic inspection ordinance and water quality issues, Mr. Roberts obtained dismissal in the first responsive document. Learn more about their practice and how they may be able to assist.

Related Practice Groups and Professionals

Employee Benefits | Bob Burgee
Employee Benefits | Sharon Goldzweig
Trusts & Estates | Elizabeth Siefker
Real Estate | Jared Roberts

What You Need to Know About Pet Trusts

A pet trust is a legal document that allows you to provide for the care of your beloved pet if you become incapacitated and after you pass away. A pet trust can be created as a standalone document, or as part of a revocable (living) trust or will. In addition, a durable power of attorney can provide instructions to an agent for the care of a pet during your lifetime.

These documents must be set up during your lifetime and allow you to:

  • designate a caretaker for your pet,
  • provide funds for their care and well-being,
  • designate a charity to receive funds remaining after your pet’s death,
  • give specific instructions for your pet’s care, dietary requirements, and medical treatments, and
  • provide for your pet to remain with you for as long as possible, at home, or at a facility.

Estate planning with pets in mind is an increasingly popular way for pet owners to ensure that their furry companions are taken care of, even when the owners can no longer care for themselves.

To learn more about how to effectively care for your pets if you become incapacitated or pass away, please contact us.

This alert serves as a general summary, and does not constitute legal guidance. Please contact us with any specific questions.


Attorney Elizabeth M. Siefker

Elizabeth M. Siefker is an attorney at Fraser Trebilcock in the trusts and estates practice group focusing on estate planning, elder law, and business planning. You can reach her at esiefker@fraserlawfirm.com, or at 517.377.0801.

Five Stories that Matter in Michigan This Week – February 3, 2023

1. Michigan Legislature Expands EITC Credit

The Michigan legislature recently passed a bill expanding Michigan’s Earned Income Tax Credit (EITC). The approved legislation retroactively increased the state’s EITC to 30% of the federal credit, where it is estimated to impact over 700,000 low-income workers.

Why it Matters: Per the Michigan League for Public Policy, upping the state’s EITC credit means that for individuals and their families who are eligible can receive an average of $750 credit per family.

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2. CRA Publishes December 2022 Data, Average Price Drops

According to recent monthly datapublished by the Cannabis Regulatory Agency, the average retail flower price of an ounce of cannabis is $90.68, an all-time low and more than a 50% decrease compared to last year’s December 2021 average price of $184.90.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices. Contact our cannabis law attorneysif you have any questions.

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3. Michigan Legislature Approves $1.1 Billion Supplemental Spending Bill

The Michigan Legislature on Thursday approved a supplemental spending bill totaling $1.1 billion over two years. The spending includes $150 million to deposit into the state’s Strategic Outreach and Attraction Reserve Fund, which the state has used to pay major incentives to manufacturers with plans to build batteries and electric vehicles, and $150 million to develop a tax credit program to reduce housing costs.

Why it Matters: The bill, one of the first acts of the Democrat-controlled legislature, generated some controversy. Republicans complained that there was insufficient time to review the bills, and raised questions about how some of the spending is to be allocated.

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4. Upcoming Changes to 529 Plans Following SECURE Act 2.0

President Biden signed the SECURE Act 2.0 into law on December 29, 2022. Under certain conditions, Section 126 of the Act will amend the IRS Code to allow tax and penalty free rollovers from 529 accounts to Roth IRAs.

Why it Matters: There has been a decline in 529 accounts because families are worried about needing to take non-qualified withdrawals of leftover funds within the account, thus incurring a penalty. Section 126 will provide individuals with an option to make better use of leftover funds within a 529 account. Section 126 will become effective with respect to distributions after December 31, 2023. Learn more on the topic.

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5. What You Need to Know About Pet Trusts

A pet trust is a legal document that allows you to provide for the care of your beloved pet if you become incapacitated and after you pass away. A pet trust can be created as a standalone document, or as part of a revocable (living) trust or will. In addition, a durable power of attorney can provide instructions to an agent for the care of a pet during your lifetime.

Why it Matters: Estate planning with pets in mind is an increasingly popular way for pet owners to ensure that their furry companions are taken care of, even when the owners can no longer care for themselves. Learn more about how to effectively care for your pets if you become incapacitated or pass away.


Related Practice Groups and Professionals

Business & Tax | Ed Castellani
Cannabis Law | Sean Gallagher
Labor, Employment & Civil Rights | Aaron Davis
Trusts & Estates | Elizabeth Siefker