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The BenefitsLink Newsletter -
Welfare Plans Edition
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August 14, 2001 - 6,189 subscribers
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Firms Bracing for Health Premium Hikes
Excerpt: "Get ready to dig deeper. That's the warning insurance experts are giving companies and employees as a new wave of double-digit health coverage premium increases rolls toward Central Ohio.... [S]ome health maintenance organizations (HMOs) with prescription drug benefits could see increases in the 25 to 35 percent range." (Business First of Columbus)

ERISA Challenge Raised to Third-Party UCR Determinations by TPAs
American Medical Ass'n v. United Healthcare Corp. (S.D.N.Y. 2001). Excerpt: "[T]he suit was directed against several third-party claims administrators (TPAs). The self-insured medical plans at issue all provided in-network and out-of-network benefits, with out-of-network benefits based on a percentage of usual, customary and reasonable ('UCR') amounts. Where an out-of-network charge exceeded the UCR limit, the excess was the responsibility of plan participants." (EBIA Weekly)

No Recoupment for Insurer That Mistakenly Overpaid Disability Benefits for Four Years
Dandurand v. Unum Life Ins. Co. of America (D. Me. 2001). Excerpt: "[EBIA Comment:] This court recognizes that the ability of an ERISA plan (or its insurer) to recover overpaid benefits is 'part and parcel of ERISA's federal common law.' However, because such a recovery is treated as an equitable remedy under the law, all the surrounding circumstances are weighed to determine whether recovery is fair." (EBIA Weekly)

Ousted Lucent Exec to Receive $5.5 Million in Severance Payments
Excerpt: "Embattled telecommunications equipment giant Lucent Technologies Inc. said on Monday it will pay its former chairman, who was ousted last fall, a severance package that includes a $5.5 million one-time payment and assumption of bank loans." (Reuters via Yahoo! Finance)

A Broader View Puts Work, Life Into Perspective
Excerpt: "Some of the best things in life are free, such as showing employees respect and acknowledging their dignity. And that's a direction U.S. businesses are going toward in putting the final touch on employee-friendly policies." (Chicago Tribune)

Survey Finds That Communication During a Leave of Absence Improves Employee Morale
Intracorp and CIGNA IntegratedCare recently released the results of a survey that suggest that there is a benefit to greater communication between employers and injured/ill employees during a leave of absence. According to the survey, different employees have various concerns and need specialized communication based on their medical condition, financial vulnerability, workplace knowledge, length of absence from work, and other factors. (Spencernet)

IRS: OK for School District to Give Medical Insurance to Some New Hires but Deferred Comp to Others
IRS Information Letter 2001-0155 (June 1, 2001). Excerpt: "The facts as presented steer clear of a Code Section 451 constructive receipt problem because no unfettered employee choice between medical insurance and deferred compensation is permitted.... Though this ruling raises more questions than it answers, it does provide one example of how to include deferred compensation as part of a flexible benefits package outside of a cafeteria plan." (EBIA Weekly)

Whether Obesity Is a Disease and Whether Expenses Related to Its Treatment are Deductible
IRS Information Letter 2001-0155 (June 1, 2001). Excerpt: "This Information Letter is slightly different from other IRS guidance on the deductibility of weight-loss expenses. It raises the possibility that the obesity itself, rather than just the underlying medical conditions that usually accompany obesity, might be considered a disease." (EBIA Weekly)

Third Circuit Orders Trial In Suit Over Unpaid Contributions To Multiemployer Plans
The Third Circuit U.S. Court of Appeals has ruled that a trial must proceed in a lawsuit filed by the administrator of two multiemployer plans seeking to recover unpaid contributions to the plans. The case is Einhorn v. Fleming Foods of Pennsylvania, Inc. (No. 00-2549). (Spencernet)




Newly Posted or Renewed Job Openings (Post Yours!)
Plan Administrator for Benefit Resources, Inc.
in CA
Employer Contribution Accounts Department Manager for Taft-Hartley Multi-employer Pension Benefit Fund
in CA
401(k) Pension Administrator for Kibble & Prentice, Inc.
in WA
401(k) Administrator for Polycomp Administrative Services, Inc. in Woodland Hills
in CA
Defined Contribution Plan Administrator for CNA Trust
in CA
Employee Benefits Trust Relationship Manager/Team Leader for SunTrust Banks, Inc.
in TN
ERISA Paralegal for ADP
in NJ
Senior Accounts Representative for The Motley Fool, Inc.
in DC



Newly Posted Conferences (Post Yours!)
2002 Summer Academy in CA on July 25, 2002
presented by ASPA



Newly Posted Press Releases
BenefitsAlert.Com Releases Free Report: "Benefits Record-Keeping Requirements" (Alexander Hamilton Institute)
Scudder Retirement Services Chooses SunGard to Process Pension Plan Documents via the Internet (SunGard Corbel)
Boston International Private Client Group/The Investment Center Offers Full Employee Access to All Retirement Investments, Online Asset Allocation, Multiple Investment Choices, Multiple Account Viewing for All Retirement, Pension and Trust Plans (Boston International Private Client Group/The Investment Center, Inc.)

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Copyright 2001 BenefitsLink.com, Inc., but you may freely distribute this email newsletter in whole. This newsletter is edited by David Rhett Baker, J.D.