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Transit Law Compliance: How Do I Become Compliant?

ONE MONTH TO COMPLIANCE DEADLINE IN NYC AND DC!  So what do you need to do? Who needs to comply? What does it mean to be compliant?

As we have indicated previously, New York City and Washington DC will be implementing laws requiring employers to offer qualified commuter benefit programs as of January 1, 2016. While both laws are looking to reduce the number of single-occupancy vehicles on the road, there are some unique differences to consider and be aware of.

NYC Transit Law DC Transit Law
Employers subject to law Any employer with 20 or more full-time employees in NYC. Any employer with 20 or more employees working in DC
What options do employers have to comply Offer a qualified pre-tax transportation benefit program Offer at least one of (a) pre-tax transportation benefit program, (b) employer-provided transportation, (c) employer-paid transportation
When will the law take effect Effective 1/1/16
(Enforcement begins July 1, 2016)
Effective 1/1/16 (Enforcement begins April 1, 2016)
When must benefits be offered Within 4 weeks of becoming a full-time employee Within 90 days of employment
What are the record keeping requirements  Employers must maintain 2 years of data to illustrate employees have (a) received an offer of benefits and
(b) documentation that employees have accepted/declined benefits
Employers must maintain 3 years of data to illustrate employees have (a) received an offer of benefits and
(b) documentation that employees have accepted/declined benefits
What documentation support is provided by BRI  All commuter benefit plans are provided with Plan Specifications which will outline when the plan was offered and who it is available to. If you are using a web enrollment option through BRI, you will have access to reporting which lists all eligible employees, which employees have made an election and when elections were made. This documentation will be sufficient for purposes of the NYC and DC transit laws.
Additional Resources Department of Consumer Affairs
Department of Employment Services (DOES)