| The BenefitsLink Newsletter - Welfare Plans Edition |  |
October 9, 2001 - 6,365 subscribers
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Private Letter Ruling: DNA Collection Is Medical Expense Only if Used for "Diagnosis"
Excerpt: "An individual may elect to have his or her DNA collected and stored so that the individual can use the DNA when genetic tests are developed for conditions such as breast cancer and Alzheimer's and Parkinson's disease. We cannot rule on this [part of the taxpayer's ruling request] because [the taxpayer] has not represented when or whether the DNA will actually be used for medical diagnosis." (Internal Revenue Service)
COBRA Notice Helps Employer Defend ERISA Section 510 Claim
Baker v. O'Reilly Automotive, Inc. (N.D. Tex. 2001). Excerpt: "In this case, the court found that the employer had 'articulated a neutral, non-discriminatory reason' for its termination of the employee-- namely, its 14-day termination policy. The court found this rule to be 'harsh and unreasonable' but determined that the rule had been applied consistently to all employees and was not prohibited by ERISA or any other federal law." (EBIA Weekly)
Retiree Plan Is Primary When Neither Plan Follows the 'Vicious Circle' Exception
Excerpt: "A federal appeals court ruled that ERISA group health plans that do not include the 'vicious circle' exception rule in their coordination-of-benefit provisions will be the primary payer of benefits for retirees.... When self-insured ERISA plans do not include the vicious circle exception into their COB provisions, the plan covering the person directly (usually as a retiree) will be primary ... [according to] Harris Corp. v. Humana, 253 F.3d 598 (11th Cir., June 6, 2001)." (Thompson Publishing Group)
More Federal Employees Teleworking After Terror Attacks
Excerpt: "Until now, teleworking centers here had everything but people. Business has jumped in recent weeks, and analysts predict most of the 1,000 local telecommuting spaces will be used by workers whose Pentagon offices were destroyed." (Washington Times)
Choosing an Employee Assistance Program
Excerpt: "[I]t may be time for employers to consider--if they have not yet done so--acquiring the services of an EAP. It's certainly no foreign concept among employers-- and the larger the company, the more common it appears to be.... The most common types of counseling offered among all employers are: ..." (BLR.com)
MSA Program Still Scheduled to Close at 2002 Year End
Excerpt: "[T]he Archer MSA program is still scheduled to close at the end of 2002; however, significant developments that would extend the program are already brewing in Congress. On August 2, 2001, the House of Representatives passed the Bipartisan Patient Protection Act bill (H.R. 2563) that, if signed into law, would repeal the cut-off year for Archer MSAs." (EBIA Weekly)
Another Question is Answered in the Stock Options, Restricted Stock and Other Long-Term Employment Incentives Q&A Column
Are the costs of employee stock options recorded as an expense on the income statement? (BenefitsLink.com)
10 New Tax Revisions That May Affect Your Employee Benefits
Excerpt: "While there are a number of procedural issues for the IRS to hammer out for employers, many of the provisions [of EGTRRA] are intended to provide long-awaited simplification for retirement plans and an increased commitment to help employees save more for retirement. Here are 10 of the more important provisions of the bill and how they can affect you ..." (Workforce.com)
Prospect of Military Build-Up Creates Benefits, Other Employment Issues
Excerpt: "The prospect of Americans being called into military service in the aftermath of the Sept. 11 terrorist attacks raises issues of the employment and benefits rights of employees going on active duty. Certain employment and benefits rights were established or clarified under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) as a result of the Persian Gulf War." (Thompson Publishing Group)
Newly Posted or Renewed Job Openings (Post Yours!)
| 401(k) / Retirement Plan Administrator | for Howard Simon & Associates, Inc. in IL |
| Retirement Analyst | for Clarian Health in IN |
| Benefits Manager | for New United Motor Manufacturing, Inc. in CA |
| Pensions/401(k) ERISA Compliance Specialist | for Pensioncareers Ltd. in NJ, NY |
| Retirement Plan Administrator | for Pigg, Krahl, Stern & Co., P.A. in MD |
Newly Posted Conferences (Post Yours!)
| Pine Tree State Human Resources Conference | in ME on April 3, 2002 presented by Cooperative effort of the Pine Tree State Human Resources Professionals |
| COBRA Compliance | in CA on October 24, 2001 presented by The Los Angeles Chapter of International Society of Certified Employee Benefit Specialists |
Newly Posted Press Releases
| Two-Step Software Releases the First Integrated System for Managing Corporate, Stockholder and Stock Option Information (Two-Step Software, Inc.) |
| CitiStreet Taps 401kExchange! (401kExchange.com) |
| DOL Meets with SPARK Institute on Investment Advice and Other Retirement Reform Issues (SPARK Institute) |
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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.
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