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May 20, 2003 - 8,228 subscribers
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Full Text of Supreme Court Decision Authorizing Maine Drug Cost Program to Proceed (PDF)
53 pages; Pharmaceutical Research and Manufacturers of America v. Walsh, No. 01–188 (May 19, 2003). From syllabus: 'The purpose of the 'Maine Rx' Program is to reduce prescription drug prices for state residents. Under the program, Maine will attempt to negotiate rebates with drug manufacturers.... [A]n association of nonresident drug manufacturers challenged the program before its commencement date, claiming that it is pre-empted by the Medicaid Act and violates the negative Commerce Clause." (Supreme Court of the United States of America)
Supreme Court Allows Maine Drug-Cost Plan to Go Forward
Excerpt: "Maine's innovative effort to reduce prescription drug costs for uninsured state residents by pressuring manufacturers to grant price rebates received the Supreme Court's qualified approval [on Monday, May 19, 2003]." (New York Times; one-time registration required)
Audio Report: High Court OKs Maine Plan to Lower Drug Prices
Excerpt: "The U.S. Supreme Court upholds a Maine law requiring drug companies to negotiate lower prescription-drug prices for the state's uninsured residents. The drug industry strongly opposes the law, which allows Maine to leverage its power as a bulk buyer of drugs for Medicaid. NPR's Nina Totenberg reports.' (May 19, 2003) (National Public Radio)
Statement of Pharmaceutical Trade Association on Supreme Court Ruling in Maine Drug Cost Case
Excerpt: "Justice Stevens' opinion makes clear that today's decision does not 'determine the validity of Maine's Rx program.' The key factual issues have yet to be decided by the District Court....Under Maine's program, government officials, rather than doctors and patients, would effectively decide which medicines will be available for Medicaid and non-Medicaid patients. And government officials will make this decision explicitly based on cost, not what is best for each individual patient." (Pharmaceutical Research and Manufacturers of America (PhRMA))
Federal Government Trying to Get Flexible On Employees' Spending
Excerpt: "Starting [May 19, 2003], the government takes its first step toward providing all federal employees with a benefit widely available to private-sector workers: flexible spending accounts.... Most government employees will register through an Internet site (www.fsafeds.com) that ... will provide educational information and a calculator to help employees determine how much money they might want to set aside in an account." (Washington Post via International Foundation of Employee Benefit Plans)
Discharge of Employee Upon Return From Leave Did Not Violate the FMLA: Court
The Sixth Circuit U.S. Court of Appeals has affirmed the dismissal of a plaintiff's claim that his termination upon returning from leave under the Family and Medical Leave Act (FMLA) violated the FMLA. The case is Pharakhone v. Nissan North America, Inc., et al. (No. 01-5955). (Spencer Benefit Reports)
Survey: More Employers Offering Benefits To Gays, Lesbians
Excerpt: "The number of U.S. employers offering health insurance benefits to same-sex domestic partners rose 16 percent last year, according to a study released Friday by the nation's largest gay and lesbian organization." (AP via the [Minneapolis] Star Tribune)
Homosexual Activists Claim Anti-Discrimination Gains
Excerpt: "The nation's largest political lobby for homosexuals said Friday that state and local governments, as well as major corporations, are doing more to prohibit discrimination against their employees who choose to engage in homosexual behavior or dress and behave as members of the opposite sex." (Crosswalk.com)
Continued Spread of Laws Prohibiting Gay, Lesbian, Bisexual, Transgender Workplace Discrimination
Press release. Excerpt: "County and city governments played a leading role in 2002 in extending equal protection in the workplace to gay, lesbian, bisexual and transgender Americans, according to an annual study released [Friday, May 16, 2003] by the Human Rights Campaign Foundation's WorkNet project." (Human Rights Campaign)
Health Care Again Expected To Be Point of Contention in General Electric Labor Negotiations
Excerpt: "As union contract renegotiations begin May 19, General Electric officials said they will call on union members to pay a greater share of their health care costs, Bloomberg/Albany Times Union reports. GE now pays about 80% of employees' health care costs ..." (KaiserNetwork.org)
Blue Cross Blue Shield of North Dakota Will No Longer Cover Medications Purchased in Canada
Excerpt: "Blue Cross Blue Shield of North Dakota on May 1 stopped reimbursing its beneficiaries for prescription drugs purchased in Canada, after the health plan's lawyers concluded the practice could subject the company to 'severe penalties' by the federal government, the Fargo Forum reports." (KaiserNetwork.org)
Both Support and Criticism Grow for Tax Credit Proposal to Address Problem of Uninsured
Excerpt: "While many Democratic leaders are divided as to how to deal with America's health-insurance woes, most Republicans are united behind a simple alternative: Give consumers tax breaks that would allow them more control over their medical spending." (The Miami Herald via NewsAlert.com)
Sen. Kerry Formally Unveils Health Care Proposal
Excerpt: "In a May 16 speech in Des Moines, Iowa, Democratic presidential candidate Sen. John Kerry (Mass.) formally released his health care proposal, which he said would 'dramatically expand' access to health insurance and attempt to control growing health costs, the Washington Post reports ..." (KaiserNetwork.org)
Links to Items on Executive Comp, Benefits in General
Former United Way CEO Loses Suit for Enhanced Supplemental Executive Retirement Benefits (PDF)
Aramony v. United Way of America, No. 00-7146 (2d Cir. 5/16/03). FindLaw's excerpt: 'In a suit by former CEO claiming a right to certain disputed benefits under the employer's replacement benefit plan, the contract at issue did not provide the disputed replacement benefits lost due to the 1986 enactment of Section 401(a)(17) of the Internal Revenue Code." (U.S. Court of Appeals for the Second Circuit, via FindLaw.com)
Opinion: Executive Compensation Reform is Elusive Target
Excerpt: "Bear markets have eroded savings and pension plans, prompting employees, shareholders, union leaders and politicians to join the chorus of those calling for CEOs to feel the pain, as well. But time has shown that executive compensation has a virus-like ability to adapt and overpower even the most powerful regulatory vaccines." (The [Minneapolis] Star Tribune)
Senate-Passed Tax Bill Includes Executive Compensation Provisions
Excerpt: "The Senate on May 15 narrowly approved a comprehensive tax cut bill that apparently includes significant proposed changes to existing rules relating to executive deferred compensation.... House and Senate leaders now face the difficult task of reconciling S. 1054 with a related tax cut bill (H.R. 2) the House approved on May 9 [which] does not have the executive compensation reform provisions included in S. 1054 ..." (Deloitte & Touche Human Capital Advisory Services)
Opinion: New York Municipal Employees' Perks-- How Sweet It Is!
Excerpt: "Total compensation for municipal employees increased almost twice as much as that of private-sector workers between 2000 and 2003. And fringe benefits for municipal employees increased a fantastic 48.2 percent over the same period, compared to 15.6 percent for private-sector workers." (The New York Post)
Tapes of ABA Tax Section May 2003 Meeting Available for Purchase
Taped programs (for purchase directly from the ABA, not from BenefitsLink) include Friday's Employee Benefits meeting, Saturday's Employee Benefits meeting, and a meeting entitled 'Employee Benefits and Employment Tax Treatment of Workers Engaged Through PEOs, Staffing Firms and Employee Leasing Firms." (American Bar Association, Section on Taxation)
Silicon Valley Battles To Turn Tide On Stock Option Expensing
Excerpt: "Silicon Valley companies are making a defiant last stand against an accounting reform that could cost them billions in paper profits by requiring them to treat their employees' coveted stock options as expenses." (AP via SFGate.com)
Investors Press Companies on Stock Options Expensing
Excerpt: "A shareowner resolution on options expensing is garnering support, and a California pension fund has released a study on how to best expense stock options." (SocialFunds.com)
Newly Posted or Renewed Job Openings
Senior Pension Consultant
for The 412i Company
in WA
Regional Account Manager
for Market Leading Provider of Life Insurance and Retirement Plans
in CA
Benefits Administrator- Vendor Manager Practice
for Towers Perrin
in NY
Extraordinary & Fun Defined Benefit Consulting Opportunities in So. Calif.
for Louis Kravitz & Associates, Inc.
in CA
Financial Analyst, Benefits
for Wyeth
in NJ
Plan Compliance Administrator
for Capital Investment Advisory
in FL
ERISA Technical Professional - Part Time
for Milliman USA
in DC, MD, VA
Retirement Plan Consultant
for CitiStreet - A State Street and Citigroup company
in HI
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