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September 26, 2003 - 8,548 subscribers
Today's sponsor: EBIA's COBRA: The Developing Law

(Click on company name or banner to learn more.)

COBRA's New Notice Requirements! Are You Ready?

The DOL's proposed COBRA regulations, expected to be finalized early
next year, impose new notice requirements--and EBIA is here to help!
Our COBRA: The Developing Law manual is the best resource available.

Written and edited by top employee benefits attorneys, our COBRA manual
(updated quarterly) has over 1,000 pages packed with information and
sample documents to help keep your group health plans in compliance
with COBRA's requirements.

Click above for details.

(Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor)
'Joint Care' Believed To Cut Costs, Strengthen Communities
Excerpt: "'Intergenerational care' will soon roll off the tongue of benefit managers, if Washington, D.C.-based nonprofit group Generations United has its way. The organization advocates combining child and elder care in shared facilities to reduce costs and bridge the gap between young and old." (BenefitNews.com)

When Must COBRA Coverage Extend Beyond the Original 18-Month Period Because of Disability?
Excerpt: "Question: One of our employees recently resigned from his job and elected COBRA coverage for himself, his spouse and his children ... The spouse is disabled ... [please tell us whether] the plan must provide a disability extension (from 18 months to 29 months) due to the spouse's disability." (EBIA (Question of the Week))

Do You Provide Terminated Employees with Adequate and Timely COBRA Information?
Excerpt: "Once again, an employer is hit with stiff penalties for failing to provide a terminated employee with information about benefits rights. This COBRA Tip presents the benefits administration issues underlying a recent opinion from the U.S. Court of Appeals, Brown v. Aventis Pharmaceuticals, Inc., which resulted in an award of $89,875 to a former employee." (OnQue Technologies, Inc.)

Sixth Circuit Clarifies FMLA Remedies
Arban v. West Publishing Corp., Nos. 01-2278/2370 (6th Cir. 9/24/2003). Excerpt: "The issue of whether front pay is available under the FMLA is a question of law that this court reviews de novo.... The fact that reinstatement is inappropriate, however, does not mean that an award of front pay is required.... Arban [also] contends that the district court erred in failing to award liquidated damages under the FMLA." (U.S. Court of Appeals for the Sixth Circut via FindLaw.com)

Expenses of Employer-Sponsored Fishing Trip Deductible; Cost Not Included in Employees' Income
Excerpt: "The Court of Appeals for the Eight Circuit reversed a federal district court decision in holding that certain business expenses incurred in connection with an employer-sponsored company fishing trip were deductible business expenses. The taxpayer sufficiently established that the expenses were reasonable and necessary, and that the fishing trip was directly related to its active conduct of business." (CCH Tax Newsletter)

Demotion of Employee For Poor Performance Did Not Violate Pregnancy Act Or FMLA
An employer's demotion of an employee for performance problems did not violate the Pregnancy Discrimination Act (PDA) or the Family and Medical Leave Act (FMLA). This was the ruling of the Eighth Circuit U.S. Court of Appeals in Armstrong v. Systems Unlimited, Inc. (No. 03-1049). (Spencer Benefits Reports)

The 100 Best Companies for Working Mothers List, 2003
Lists the companies, with links to their web sites. Must purchase the magazine in order to see the details of the companies' benefit programs. (Working Mother magazine)

More Health Plans Offering Members Incentives To Lose Weight, Start Exercising, Stop Smoking
Excerpt: "Dow Jones/Wall Street Journal on Thursday looks at the increasing number of health plans that are rewarding members who exercise, lose weight or quit smoking with 'everything from health club memberships to European vacations.'" (KaiserNetwork.org)

NPR's 'Talk of the Nation' Examines Health Care Rationing
Excerpt: "NPR's 'Talk of the Nation' on Wednesday discussed health care rationing, the 'often messy' decisions by health insurers, physicians, nurses, hospitals and family members on the distribution of available medical resources." (KaiserNetwork.org)


Links to Items on Executive Comp, Benefits in General

Accounting Regulators to Start Testing Stock Options Expensing Program
Excerpt: "Several high-profile public companies Thursday volunteered to join a 'road-testing' program the Financial Accounting Standards Board expects to kick off soon to determine how best to value employee stock options." (AP via SFGate.com)

NRLN's Position on Issues and Legislation Affecting Retirees
Excerpt: "The fundamental mission of the NRLN is to promote and support retiree-friendly legislation, vigorously fight retiree-hostile legislation and to create new legislation when a need is identified. We, currently, list the following legislation and issues, along with a brief explanation of that issue or bill and our present position - for or against." (National Retiree Legislative Network)

Overview: IRS Final Regulations On Split-Dollar Life Insurance Modify Earlier Proposals
The Internal Revenue Service has issued final regulations relating to the income, employment, and gift taxation of split-dollar life insurance arrangements. The final regulations adopt both 2002 and 2003 proposed regulations, with certain modifications. The final regulations retain the approach of using the two mutually exclusive regimes--the economic benefit regime and the loan regime--for determining the tax treatment of split-dollar life insurance arrangements. (Spencer Benefits Reports)


Newly Posted or Renewed Job Openings
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Financial Transaction Supervisor
for ExpertPlan, Inc.
in NJ

Education Specialist
for Nationwide Financial
in CA, FL, KS, MA, NY

401(k) / DC Plan Administrator
for National Associates Metro, Inc.
in NJ


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