August 14, 2001 - 6,189 subscribers Today's sponsor: EmployeeBenefitsJobs.com (click) Fill your employee benefits job openings fast by advertising on BenefitsLink. What better place to find qualified candidates? Your help wanted ad will be listed in the BenefitsLink Newsletter (19,000 subscribers to the two editions), will be seen by thousands of candidates who view our listings online, and will be emailed to over 2,000 job- seekers. Click here to see how easy it is to place an ad. 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!)
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