March 21, 2003 - 8,072 subscribers Today's sponsor: The COBRA Administrator Handbook (Click on company name or banner to learn more.) ![]() Get the COBRA Administrator Handbook for Complete Compliance 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! Click above for more information. (Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor) Federal Courts Splitting On State Laws Prohibiting HMO Subrogation (PDF) At page 2 of 6. Excerpt: "[W]e reported [in our last issue] that a Maryland federal district court refused to remove to federal court a plaintiff's state law complaint asking for a return of tort settlement funds taken by the plaintiff's HMO ... On March 4th, however, a federal trial court in New Jersey refused to return to state court a similar claim by insureds regarding New Jersey's collateral source rule, which is derived from a state supreme court case instead of a statute." (Jenkens & Gilchrist) Analysis: Tenth Circuit Decision Affects Severance Plans That Require a Release of Claims Excerpt: "In Cirulis v. UNUM Corporation ... the Tenth Circuit held that an employee did not have to sign such a release in order to get severance benefits, notwithstanding the plan's provision that a release would be required." (Faegre & Benson LLP) Overview: GASB Drafts On Accounting for Other Postemployment Benefits by Governmental Employers (PDF) 9 pages. Excerpt: "These Exposure Drafts would establish standards of accounting and financial reporting for other postemployment benefit (OPEB) expenditures/expense and certain other related amounts in the financial reports of state and local governmental employers and OPEB plans. This [memorandum] discusses the key provisions of the two Exposure Drafts." (Buck Consultants via National Council on Teacher Retirement) Overview: GASB Issues Proposed Accounting Rules for Retiree Health and Other Postemployment Benefits Excerpt: "The Governmental Accounting Standards Board (GASB) recently issued two long-awaited Exposure Drafts: Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans and Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions. This Bulletin summarizes the key provisions in the Exposure Drafts, which will not become accounting requirements until GASB releases final Statements of Governmental Accounting Standards." (The Segal Company) One Way to Support the Troops: Paying Reservists' Health Premiums Excerpt: "The president's chief civil service adviser has called on federal agencies to shoulder the cost of health insurance premiums for employees in the National Guard and military reserves who have been called to active duty." (Washington Post) Links to Items on Executive Comp, Benefits in General Improving Stock Plans and Stock Awards Excerpt: "Those who design and administer compensatory stock plans have an opportunity to learn from the past few years of volatile stock prices and litigation relating to stock awards. The suggestions below derive from these circumstances, recent litigation, and some common drafting regrets." (Mark Poerio, Esq. of Paul, Hastings, Janofsky & Walker, LLP) Newly Posted or Renewed Job Openings
ERISA Attorney for Retirement Administration / Consulting Firm in IL Retirement Plan Sales Rep for Fringe Benefits Design, Inc. in MN Defined Contribution Jobs Available for BenefitStreet in CA Client Relationship Specialist for BenefitStreet in CA Newly Posted Conferences (Post Yours!) Telecommuting Issues in Wage and Hour Law in April 9, 2003 Thompson Publishing Group Form 5500 - What do you want the Answer to be? in PA April 3, 2003 ASPA Benefits Council of Western PA Introduction to Retirement Plans Seminar in PA May 20, 2003 McKay Hochman Retirement Plan Insights Seminar in NC April 22, 2003 McKay Hochman American Bankers Association Retirement Services Conference in DC June 18, 2003 American Bankers Association Annual 5500 Workshop in MA April 16, 2003 Worldwide Employee Benefits Network Newly Posted Press Releases (Post Yours!) Spring Summit: "Surviving-- Outwitting, Outplaying and Outlasting-- the Great Benefits Reef." April 8, 2003 (Los Angeles Chapter of Western Pension & Benefits Conference) Labor Department Sues Defunct Money Centre For Failure to Pay Health Claims (U.S. Department of Labor, Office of Public Affairs, Atlanta) Georgia Insurance Commissioner Orders $1 Million Fine, Probation for Unum (State of Georgia, Commissioner of Insurance) Handy Links:
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