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The BenefitsLink Newsletter -
Welfare Plans Edition
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May 31, 2001
Today's sponsor: The COBRA Administrator Handbook (click)


   The first and only compliance manual designed specifically
for COBRA self-administration. Simple step-by-step
format ensures accurate COBRA documentation, efficient
record keeping and complete COBRA compliance protection.
The only manual written by expert third-party
administrators for COBRA nonprofessionals.

ERISA Did Not Preempt State Law Claim of Invasion of Privacy Against Insurer
The Ninth Circuit U.S. Court of Appeals has ruled that ERISA did not preempt a beneficiary's state law claim of invasion of privacy against an insurance company that hired investigators to ascertain whether the beneficiary was disabled. (SpencerNet)

Bid To Restore Mobil Same-Sex Benefits Defeated at Shareholders' Meeting
Excerpt: "Shareholders also defeated a proposal to restore same-sex partner benefits and an explicit non-discrimination policy against gays that were dropped at Mobil when Exxon acquired it in 1999. That proposal was supported by 13 percent of shareholders after an active lobbying effort among state and city pension funds." (Reuters via Yahoo! News)

Companies Boost Benefits That Help the Overworked
Excerpt: "Companies are adding new services to their employee-assistance programs. Employee-assistance programs, known as EAPs, started in the early 1970s primarily to provide counseling for drug and alcohol problems, and later added treatment for depression and stress, among other ailments." (CareerJournal.com)

A Peek at What Federal Long-Term Care Coverage May Look Like
Excerpt: "Next month, the Office of Personnel Management will request bids to create what will be the largest employer-sponsored long-term care insurance program in the country. The program, to be available in October 2002, will have an eligible pool of some 20 million federal employees, retirees and family members, along with members of the military community." (Washington Post)

Retiree Health Benefits: Employer-Sponsored Benefits May Be Vulnerable To Further Erosion
42-page May 2001 report to the Chairman, Committee on Health, Education, Labor, and Pensions, U.S. Senate. Excerpt: "Concerned about declining employer sponsored health coverage for early retirees and Medicare-eligible (age 65 and over) retirees, you asked us to examine if this trend is continuing. In particular, you asked that we examine ... changes employers have made to the availability and terms of their health insurance plans with respect to retiree coverage ..." (U.S. General Accounting Office)

Opinion: Injecting Common Sense Into Patients' Rights Debate
Excerpt: "The right to sue sounds good, don't you think? The trouble is that going to court is very expensive and often slow. A better solution is to establish a new independent, expert and rapid appeals process that is clearly beyond the health plan's control. Here is how such a system should work ..." (The Seattle Times)

Advocacy Organization Says It's Time to Contact Your Senators on Patients' Rights
Excerpt: "It appears that patients' rights legislation will be the first order of business that the Democrats put forward in the 'new' Senate, after pending matters such as education and taxes are dealt with. We don't know the timing of this exactly, but patients' rights should be on the Senate floor by mid-June." (Families USA)

Welcome to new BenefitsLink advertiser PinnacleCare
Excerpt: "PinnacleCare is a discount card that saves 30%-70% on office visits, hospitals, prescriptions, dental, vision, laser vision, plastic surgery & more. Payment is made at the time of service so there is NO CLAIMS ADMINISTRATION. The annual cost is $250 per household up to 10 residents and can be paid through payroll deduction with or without employer contribution. It is ideal for part-time employees or as a supplement/alternative to health insurance plans."

(Following items also appear in Retirement Plans Edition)


Beneficiary Card Controls: Former Spouse Gets Benefits Allegedly Waived in Divorce Decree
Heggy v. Am. Trading Employee Retirement Acc't Plan, 2001 Tex. App. LEXIS 3172 (Tex. Ct. App. 2001). Excerpt: "... assuming that a divorce decree includes sufficient language to remove an ex-spouse as beneficiary, several federal circuit courts would hold that the decree operates as a waiver of the ex-spouse's beneficiary rights. Such courts apply 'federal common law' to effectively alter the beneficiary designation in favor of others ..." (EBIA Weekly)

More Firms Cut Workers Ranked At Bottom To Make Way For Talent
Excerpt: "... companies are finding ranking systems less tidy than they anticipated, and the systems are sparking lawsuits from almost every direction." (USA Today)

IRS Cancels Hearing On Proposed Rules Regarding Electronic Furnishing of W-2 Forms
The Internal Revenue Service has canceled the public hearing that had been scheduled for June 4 on the agency's proposed regulations relating to the voluntary electronic furnishing of payee statements on Form W-2. (SpencerNet)

Tax Law Will Mean Refunds, Rate Changes
A readable but detailed summary of the new law. (USA Today)

Repricing Underwater Stock Options
9 pages. Well-written. Excerpt: "Despite attempts to restrict or eliminate repricing, many companies still believe repricing is necessary to attract the type of talent needed to compete in today's marketplace." (Andersen)




Newly Posted or Renewed Job Openings (Post Yours!)
Employee Benefits Associate for Trucker Huss, APC
in CA
Senior Administrator for Alliance Benefit Group of Houston
in TX
Client Services Associate for Delaware Investments
in PA
Daily Valuation Administrator for ARIS Corporation
in PA
Production Support Specialist for CNA TRUST
in CA



Newly Posted Conferences (Post Yours!)
Healthcare Quality Information: Empowering & Educating Employees about Health Care in NY on June 19, 2001
presented by New York Metropolitan Area Chapter of ISCEBS
The New Required Minimum Distributions Rules in FL on May 8, 2001
presented by ASPA Council of Central Florida



Newly Posted Press Releases
Cutting Health Plan Costs by Eliminating the Managed Care Middleman (A.J. Lester & Associates, Inc.)

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