An online, clickable version of this newsletter is available at: http://benefitslink.com/2008/2008_04_28_welfare.html =========================================================== BenefitsLink Health & Welfare Plans Newsletter (Plain Text Format) April 28, 2008 Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy. =========================================================== TODAY'S SPONSOR: WorldatWork WorldatWork publications in the BenefitsLink Bookstore (Advert.) http://benefitslink.com/modperl/a_d_top.cgi?a_d=2008_04_28_welfare (Click on the above address or copy and paste it into your web browser.) WorldatWork, a not-for-profit professional association, is a leading publisher of compensation, benefits and total rewards information. With a portfolio of books, reports, survey briefs, booklets and online learning programs, WorldatWork creates, markets and distributes publications that are critical to improved organizational performance. WorldatWork has contributed to the education and development of business professionals worldwide since 1955. ---------------------------------------------------------- [Guidance Overview] IRS Finalizes Regulations on Employer Comparable Contributions (PDF) http://www.buckconsultants.com/buckconsultants/Portals/0/Documents/PUBLICATIONS/Newsletters/FYI/2008/FYI_04_25_08.pdf 2 pages. Excerpt: "The IRS has issued final regulations that provide guidance on employer comparable HSA contributions when an employee has not established an HSA by year end and when an employer accelerates HSA contributions for employees who have incurred qualified medical expenses. These rules only apply to HSA contributions made by employers that do not provide employees the opportunity to make HSA contributions through a cafeteria plan." (Buck Consultants) ---------------------------------------------------------- [Guidance Overview] Medical Leave – Is One Certification Enough? (PDF) http://www.seyfarth.com/dir_docs/news_item/99f01f7d-dcbd-43c3-98d0-00023e121d66_documentupload.pdf 4 pages. Excerpt: "On April 7, 2008 the California Supreme Court handed down its opinion in Lonicki v. Sutter Health Central. In a fractured 3-3-1 decision, the Court held that an employer is not precluded from challenging an employee's serious health condition simply because the employer did not obtain a third opinion regarding the employee's condition. The Court also held that an employee's ability to continue to perform a similar job on a part-time basis for another employer following a request for leave is not conclusive evidence that the employee is able to perform the same work for the original employer." (Seyfarth Shaw LLP) ---------------------------------------------------------- [Guidance Overview] Claimant Not Entitled to Appeal-Level Physician's Report Prior to Plan's Final Decision on Appeal http://www.ebia.com/weeklyguest/19369/200805163612cc20b710800836d74ca172210bcd/BNL080424 Excerpt: "EBIA Comment: Both of the circuit courts that have addressed this issue to date (the Tenth and the Eleventh Circuits) have concluded that a claimant is not entitled to appeal-level medical reports prior to the plan decision maker's final decision on appeal." (Employee Benefits Institute of America) ---------------------------------------------------------- Executive Summaries, Benefits Quarterly, 2nd Quarter 2008 http://www.iscebs.org/BQinfo/bq22008.asp Excerpt: "Wellness – how it's evolved, how it's working and the effect on the bottom line – is the focus of the 2nd quarter issue of Benefits Quarterly." (International Society of Certified Employee Benefit Specialists) ---------------------------------------------------------- Supreme Court Seems Torn Over Disability Insurance Conflict-of-Interest Case http://www.lifeandhealthinsurancenews.com/cms/nulh/Weekly%20Issues/issues/2008/16/News/L16supremes Excerpt: "In an hour of intense arguments in which the U.S. Solicitor General joined with the claimant, the justices first wrestled with the question of the level of scrutiny lower courts should consider in cases where the insurance company plays a dual role." (The National Underwriter Company; free registration or paid subscription required) ---------------------------------------------------------- Reinsurance: A Primer (PDF) http://www.familiesusa.org/assets/pdfs/reinsurance-a-primer.pdf Excerpt: "In this issue brief, Families USA aims to help policymakers and advocates better understand what reinsurance is and how it operates in the health insurance market. We also identify some of the benefits of reinsurance to aid lawmakers as they design reinsurance programs to meet the needs of their states." (Families USA) ---------------------------------------------------------- Microsoft Says Web 2.0 Essential to Helping Consumers Take Control of Their Health Care http://www.eweek.com/c/a/Health-Care/Web-20-Can-Give-Consumers-More-Control-over-Health-Care/ Excerpt: "Microsoft says Web 2.0 is the technology that will help consumers take control of their health care and health information. [Attendees were told] at Microsoft's Health & Life Sciences Developer and Solutions Conference . . . that Web 2.0 technologies moved information out of isolated silos and into interlinked community computing platforms that function like software for users." (eWeek.com) ---------------------------------------------------------- Genetic Information Nondiscrimination Act, H.R. 493, as Passed by Senate (PDF) http://www.americanbenefitscouncil.org/documents/hr_493_senpass110th.pdf Excerpt: "Resolved, That the bill from the House of Representatives (H.R. 493) entitled 'An Act to prohibit discrimination on the basis of genetic information with respect to health insurance and employment', do pass with the following [amendments.]" (U.S. Senate via American Benefits Council) ---------------------------------------------------------- ERISA Plan Not Subject to Labor Arbitration http://lawprofessors.typepad.com/adjunctprofs/2008/04/erisa-plan-not.html Excerpt: "Steelworkers v. Rohm, ___F.3d___(3rd Cir. April 14, 2008) is an important decision. The court holds that a dispute over an ERISA disability plan is generally not subject to labor arbitration." (Adjunct Law Prof Blog) ---------------------------------------------------------- USA Today Examines Stand-Alone Emergency Departments http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=51757 Excerpt: "USA Today on Friday examined the increasing number of stand-alone emergency departments, which have 'spurred questions about their limited services, their ability to decrease the overall burden for area hospitals and their impact on health care spending.'" (Kaiser Family Foundation) ---------------------------------------------------------- [Opinion] Providing Health Care for All Shouldn't Make Insurers Rich http://www.pnhp.org/news/2008/april/providing_health_car.php Excerpt: "Government subsidies and outsourcing may be good for business without always being good for the public. Medicare outsources the administration of its prescription drug program, Medicare D, to private insurers. Medicare Advantage -- Medicare C -- subsidizes managed care insurance plans for seniors choosing them. Several current presidential aspirants -- Clinton and Obama -- would subsidize the purchase of insurance for the low-income uninsured. Each of these plans offers private insurers protection against a less wasteful plan, one that does without private insurers." (Herald Times via Physicians for a National Health Program) =========================================================== Sponsored by: ALM Complete Benefits Law Guidance from Law Journal Press (Advert.) http://benefitslink.com/modperl/a_d_center.cgi?a_d=2008_04_28_welfare (Click on the address above or copy and paste it into your web browser.) The nation's workforce and health care system are constantly evolving and so are the legal issues. Law Journal Press helps you handle any benefits law question with up-to-date, authoritative books on all aspects of the field. Get legal and practical advice from leading experts on everything from COBRA to ERISA, "contingent" employees to family and medical leave, and more. Browse our product listings for detailed information and special offers. ========================================================== Links To Items on Executive Comp, Benefits In General ---------------------------------------------------------- Federal Banking Official Sees End of Pensions Within Years http://www.telegram.com/article/20080424/NEWS/804240381 Excerpt: "Speaking at the Association of BellTel Retirees annual meeting . . ., Thomas J. Mackell, Jr., chairman of the board of directors for the Federal Reserve Bank of Richmond, Va., warned that pension plans once taken for granted are evaporating and will disappear, along with affordable access to health insurance -- leaving tens of millions of retirees vulnerable, destitute, hungry, sick and willing to take matters into their own hands." (Worcester Telegram & Gazette Corp.) ---------------------------------------------------------- When the Company Share Price Is a Factor in Compensation http://www.nytimes.com/2008/04/27/jobs/27mgmt.html?ex=1366948800&en=1cc61241305ae2be&ei=5090&partner=rssuserland&emc=rss&pagewanted=all Excerpt: "[47] percent of private sector employees in the United States have had at least part of their compensation tied to their company's profitability or stock price. That's right. If you include stock options, deferred stock, profit sharing or cash bonuses pegged to a company's performance, nearly half of the 114 million employees of private-sector companies had some stock or profit-related pay at the end of 2006." (The New York Times; free registration required) ---------------------------------------------------------- High Court Hears Benefits Conflict-of-Interest Case http://www.workforce.com/section/00/article/25/49/92.html Excerpt: "The Supreme Court will decide whether a benefit plan administrator that both determines and pays benefits operates under a conflict of interest that must be considered by courts reviewing benefits cases." (Workforce Management; free registration required) ---------------------------------------------------------- Telecommuting: Ten Legal Considerations http://www.troutmansanders.com/firm/media/mediadetail.aspx?media=815 Excerpt: "Before permitting employees to telecommute, employers should consider the ten legal issues outlined [in the target page]. Employers are also well-advised to develop a written telecommuter agreement advising telecommuting employees of their responsibilities and requiring them to commit to certain performance band behavioral expectations." (Troutman Sanders LLP) ---------------------------------------------------------- Biotech Executives Learn About Value-Based Benefits and Employee Health and Workforce Productivity http://dialog.newsedge.com/portal.asp?site=2006120817070303800165&searchfolderid=pg2006120817223506111719&block=portaldefault&portlet=ep&searchID=266&datetime=%5Bday%3D4%2F28%2F2008%5D&action=sitetopics&hdlaction=story&storyid=[storyid=b0428890.0sw]&epname=BENEFITS& Excerpt: "Attendees at BayBio2008 learned about value-based benefits, one of today's fastest growing trends in the health care and biotech industries. At the core of a value-based approach is the concept that benefits should be viewed as a corporate investment rather than as an expense. Organizations with this mindset are in a better position to offer programs that enhance employee health and productivity, which ultimately positively impact company success." (Business Wire via NewsEdge via Human Resource Executive Online) ---------------------------------------------------------- Three Small to Midsize Businesses Show That Size Doesn't Matter in the Growing Trend to Embrace Work-Life Flexibility http://ebn.benefitnews.com/asset/article/557681/staying-current/flexibility-twist.html?pg=&topicName=quality-of-life Excerpt: "Flexibility is the way business gets done,' says Karen Kerrigan, President and CEO of Women Entrepreneurs, Inc. and moderator of recent panel about flexible work options sponsored by the Department of Labor. The panel featured three small to midsize businesses (SMBs) in a variety of industries across the United States. Each panelist shared their own unique take on finding an appropriate work-life balance - proving that for even the smallest of businesses, a flexible workplace is possible without stretching companies to their limits of patience and resources." (Employee Benefit News; free registration required) ---------------------------------------------------------- GASB Revamps 2008 Technical Plan http://www.plansponsor.com/pi_type11/?RECORD_ID=41252 Excerpt: "The Governmental Accounting Standards Board (GASB) has added three projects to its current agenda – including a review of existing postemployment benefits standards." (PLANSPONSOR.com; free registration required) ---------------------------------------------------------- IRS Updates 2007-2008 Priority Guidance Plan http://www.ebia.com/weeklyguest/19370/200805165791fb359aa19bd10905863971c790a9/BNL080424 Excerpt: "The updated 2007-2008 Priority Guidance Plan lists regulations and other guidance still under development. It also adds new items and indicates which items have already been published. Here are some of the significant projects affecting 401(k) plans and health plans that are listed as outstanding in the updated Priority Guidance Plan . . . ." (Employee Benefits Institute of America) ========================================================== Newly Posted Events 2008 NCCMP Annual Conference in Florida on September 20, 2008 presented by National Coordinating Committee for Multiemployer Plans http://benefitslink.com/events/detail.php?id=43733 Form 5500 for Health and Welfare Plans: A Guided Tour for Employers, Form 5500 Preparers, and Advisors Nationwide on May 15, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting http://benefitslink.com/events/detail.php?id=43730 HIPAA and Other Health Benefits Laws Compliance Assistance Seminar Nationwide on May 14, 2008 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA) http://benefitslink.com/events/detail.php?id=43732 Prescription for Change: The Employer's Role in Healing the Health Care System Webcast Nationwide on May 8, 2008 presented by International Foundation of Employee Benefit Plans http://benefitslink.com/events/detail.php?id=43731 Wellness Programs in the Workplace: What's Allowed, What Isn't, and What Designs Work Best? Nationwide on April 17, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting http://benefitslink.com/events/detail.php?id=43729 Post yours! http://benefitslink.com/events/eventmaint.php ========================================================== Newly Posted Press Releases 70% of Responding Organizations Provide Retirement or Financial Planning Education to Employees International Foundation of Employee Benefit Plans http://benefitslink.com/pr/detail.php?id=41861 Benefit Informatics Selected by Diversified Group Brokerage to Expand Client Data Analysis, Reporting and Communications Benefit Informatics http://benefitslink.com/pr/detail.php?id=41860 Barbara Johnson assumes role of Managing Director at Atéssa Benefits, Inc. Atéssa Benefits, Inc. http://benefitslink.com/pr/detail.php?id=41859 Post yours! http://benefitslink.com/pr/maint.php ========================================================== Newly Posted or Renewed Job Openings DC/DB Project Support Analyst for New York Life Retirement Plan Services in MA http://benefitslink.com/modperl/job.cgi?n=H54540 Retirement Plans Service Center Supervisor for New York Life Retirement Plan Services in MA http://benefitslink.com/modperl/job.cgi?n=H54542 Wachovia Retirement Services Relationship Manager I for Wachovia in PA http://benefitslink.com/modperl/job.cgi?n=H54558 Senior Plan Consultant for July Business Services in TX http://benefitslink.com/modperl/job.cgi?n=H54594 Implementation Services Manager for Citi in FL http://benefitslink.com/modperl/job.cgi?n=H55014 PSC Manager for Citi in ME http://benefitslink.com/modperl/job.cgi?n=H55015 Retirement Services Education & Enrollment Specialist for Prudential Financial in CT http://benefitslink.com/modperl/job.cgi?n=H55016 Marketing Representative for Retirement Benefit Solutions, LLC in VA http://benefitslink.com/modperl/job.cgi?n=H55023 Pension Administrator for Retirement Benefit Solutions, LLC in VA http://benefitslink.com/modperl/job.cgi?n=H55024 Post yours! http://EmployeeBenefitsJobs.com/jobs/post_help_wanted.html View all jobs http://EmployeeBenefitsJobs.com/ RSS feed http://EmployeeBenefitsJobs.com/rss/jobs.rss =========================================================== Search previous newsletters: http://benefitslink.com/search =========================================================== Subscribe to the BenefitsLink Retirement Plans Newsletter, Too Sign-up form is at: http://benefitslink.com/newsletter/ =========================================================== This newsletter is sent to you each workday except federal holidays. 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