Welfare Plans Edition
January 22, 2001
Today's sponsor is Still River Retirement Planning Software, Inc. (click on banner for more information)
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Employer-Sponsored Retiree Health Care: The Hole In ERISA
From January 2001 issue. Excerpt: "In more than a quarter century since ERISA's passage, Congress has yet to look squarely and seriously at protections for employer-sponsored retiree health care. But that may be about to change." (Plan Sponsor magazine; free registration required)
Referring Employees to Employee Assistance Programs
Excerpt: "What is an employer supposed to do? Most personnel directors would respond that rehabilitating valued employees is far more important than risking an occasional lawsuit. They would go ahead and ask such questions with the aim of getting help for the employee. They would take the chance that their intentions would be misinterpreted by the employee." (Nixon Peabody LLP)
Employer's Self-Insured Plan May Exclude Coverage For Infertility Treatments
Excerpt: "The [Equal Employment Opportunity] Commission’s related attack on employer health plan exclusions that disproportionately disadvantage the disabled has similarly been rejected by the courts, most recently in Rochelle Saks v. Franklin Covey Co., 117 F. Supp. 2d 318 (S.D.N.Y., October 2, 2000)." (Nixon Peabody LLP)
How to Provide Health Benefits to Retirees Without Violating the Laws Against Age Discrimination
Excerpt: "There are a number of actions (or inactions) an employer may wish to consider so it does not find itself, like Erie County, embroiled in an ADEA case..." (Nixon Peabody LLP)
Milwaukee Law Firm Invites Amicus Briefs in Important 7th Circuit Case; Certiorari Sought
Excerpt: "The Pabst Brewing Company has filed a Petition for Certiorari with the United States Supreme Court, requesting review of a decision by the Seventh Circuit in Rosetto v. Pabst, decided in June 2000. The case involves whether union employees will be permitted to introduce extrinsic evidence at a jury trial about how the previous labor contracts should be interpreted concerning the duration of retiree health care benefits." (Michael Best & Friedrich)
Medical Privacy Rules Exempt Health Care Providers
Excerpt: "Although the government has touted new federal medical privacy regulations as a landmark of patient protection, the rules will exempt health-care providers. The rules, announced Dec. 20, will explicitly permit doctors, hospitals, other health services, and some of their business associates to use personal health records for marketing and fund-raising." (Boston Globe)
Federal Study Backs OSHA Ergonomics Standard
Excerpt: "OSHA's ergonomics standard is back in the spotlight after a National Academy of Sciences (NAS) report released Jan. 18, 2001, finds that poor workplace ergonomics injure one million workers annually, costing between $45 billion and $54 billion each year in medical bills, lost wages, and decreased worker productivity." (insure.com)
Another Question is Answered in the Cafeteria Plans Q&A Column
I elected health FSA coverage in the amount of $3,000 for 2001. My plan was to have Lasik eye surgery. Recently my eye doctor told me that I can't have the surgery due to a medical condition she just discovered. Can I stop my pre-tax salary reductions so I will not lose the $3,000? (BenefitsLink.com)
(Following also appears in Retirement Plans Edition)
Labor Department Provides Guidance On Employee Benefit Plan Expenses
Excerpt: "The U. S. Department of Labor’s Pension and Welfare Benefits Administration (PWBA) [on Friday, January 19, 2001] announced the issuance of interpretative guidance under the Employee Retirement Income Security Act (ERISA) to clarify the circumstances under which employee benefit plans may properly pay certain expenses relating to tax-qualification and other activities." (U.S. Department of Labor press release)
Web Strategies for Communicating Employee Benefits
New survey available for purchase. Excerpt: "IFEBP surveyed corporate, multiemployer and public plan sponsors to determine their use of and opinions about employee benefit communication on the Internet. Specific communication and administration features are covered, along with a comparison of the effectiveness of Internet communication versus other methods of benefit communication." (International Foundation of Employee Benefit Plans)
Hot Disputes Cool Down in Online Mediation
Excerpt: "Cyberspace dispute resolution can defuse anger and save HR managers time, energy and real-world lawsuits." (Workforce)
PWBA Guidance on Settlor versus Plan Expenses: Six Fact Patterns
Excerpt: "In an effort to specifically address the most frequently raised questions, the Pension and Welfare Benefits Administration has developed a set of six hypothetical fact patterns in which various plan expense issues are both presented and addressed." (U.S. Department of Labor)
New From EBRI: Executive Summary Of Issue Brief No. 229, EBRI Research Highlights (January 2001)
The Issue Brief and Special Report "EBRI Research Highlights: Retirement and Health Data" synthesizes highlights of recent EBRI research on retirement and health issues. It also provides general background information on the finances of the U.S. employment-based retirement system; lists public opinion surveys conducted by EBRI; and cites numerous other benefit-related organizations that are potential sources of additional research and information. (Employee Benefit Research Institute)
| Pension Administrator | for Pension Investors Corporation in FL |
| Health & Welfare Benefits Consultant | for MassMutual Benefits Management, Inc. in MA |
| Benefits Analyst | for Circuit City Stores, Inc. in VA |
| Assistant Benefit Consultant | for Buck Consultants, A Mellon Consulting Company in NJ |
| Compliance Specialist | for Benetech, Inc. in GA |
| Pension Administrator | for Regional TPA Firm in NJ |
| Plan Administrator | for EAI in PA |
| Senior Benefit Specialist | for Buck Consultants, Inc. in CA |
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Copyright 2001 BenefitsLink.com, Inc.
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