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November 6, 2003 - 8,649 subscribers
Today's sponsor: Thompson Publishing Group, Inc.

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IRS Official Reveals Penalty-Free Ways to Fix Your Pension Plan Problems

An Interactive Audio Conference, November 13, 2003, 2:00 – 3:30 p.m. ET

During this audio conference, you'll learn about the recent changes to
the Employee Plans Compliance Resolution System (EPCRS), the benefits
of complying, as well as the penalties associated with non-compliance
from an IRS official who will also answer your specific questions.

(Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor)
Date of Claim, Not Subsequent Appeal, Dictated Whether New Claims Procedure Regulations Applied
Excerpt: "The DOL's new claims procedure regulations became applicable for disability plans for claims filed on or after January 1, 2002. One of the questions in this case was whether the old or new rules governed the dispute before the court." (EBIA)

IRS Applies Birthday Rule Retroactively to Determine When Child Attains Age 17 for Child Tax Credit
IRS Information Letter 2003-0215 (Aug. 29, 2003). Excerpt: "The key question in this Information Letter is, when does a child 'attain' a certain age for purposes of being a qualifying child under the Child Tax Credit (CTC)? ... EBIA Comment: We're glad that the IRS has replaced its common law rule with the only one that makes common sense--you turn a year older on your birthday, not on the day before. But applying the eligibility rules for tax credits can still be complicated." (EBIA)

The Relationship Between Technology Availability and Health Care Spending
Excerpt: "[I]ncreases in the supply of technology tend to be related to higher utilization and spending on the service in question. In some cases, notably diagnostic imaging, increases in availability appear associated with incremental utilization rather than substitution for other services. Policy efforts to assess and manage the availability of new technologies could benefit society where the additional spending produced by new services is not associated with strong quality improvements." (Health Affairs)

Overview: Eighth Circuit Affirms COBRA Notice Penalty Award
Excerpt: "A federal appeals court found that COBRA notice penalties of more than $8,000, plus attorney's fees, were warranted against an employer/plan administrator that acted in bad faith in failing to send a COBRA notice for several months despite the prolonged efforts of a former employee to obtain one. Penalties were assessed even though the health benefits were later provided retroactively." (Thompson Publishing Group)

Employer Did Not Violate ADA By Terminating Employee Who Breached Ban On Drugs, Alcohol
An employer did not violate the Americans with Disabilities Act (ADA) when it terminated an employee for failing to adhere to an agreement prohibiting the employee from the use of drugs and alcohol. This was the ruling of the Eighth Circuit U.S. Court of Appeals in Longen v. Waterous Company (No. 02-3297). (Spencer Benefits Reports)

Work Absence to Accompany Relative to Hospital Was Not Covered by FMLA, Illinois Court Decides
Excerpt: "An employer did not violate the Family and Medical Leave Act (FMLA) when it fired a worker after he took a day off from work to accompany his injured stepfather to the hospital, a federal district court recently ruled." (Thompson Publishing Group)

Opinion: HMO Lawsuits Are Overdue
Excerpt: "[I]f the HMOs aren't willing to fund the recommended treatments, they must bear the responsibility for the resultant complications and injuries that their clients suffer." (Craig Stern in the Daily Trojan)

Benefit Plan Design and Drug Utilization Among Asthmatics: Do Patient Copayments Matter?
Working paper. Excerpt: "Conclusions: There is no strong statistical evidence that higher levels of out-of-pocket copayments for prescription drugs influence asthma treatment patterns. However, physician/practice prescribing preferences influence patient treatment." (William H. Crown, Ernst R. Berndt, Onur Baser, Stan N. Finkelstein, Whitney P. Witt, et. al. via National Bureau of Economic Research)


Links to Items on Executive Comp, Benefits in General

CEOs Are Ridiculed for Huge Salaries: Why Aren't Athletes and Entertainers?
Excerpt: "Oprah Winfrey. Michael Jordan. Richard Grasso. What do these three have in common? All have been paid astounding amounts of money, yet only one has been openly criticized and ridiculed because of it." (Wharton School of the University of Pennsylvania)

DOL Amicus Brief in Back Pay ERISA Case in 10th Circuit
Excerpt: "This case involves an action under Title I of [ERISA] and presents an important and recurring question: whether Section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3), authorizes back pay as 'appropriate equitable relief' to remedy a violation of Section 510, 29 U.S.C. § 1140.... In June 1994, Plaintiffs filed this lawsuit ... alleging Defendant had violated ERISA Section 510, by 'clos[ing] its Tulsa facilities for the purpose of depriving Plaintiffs of benefits covered by ERISA[.]'" (U.S. Department of Labor, Employee Benefits Security Administration)


Newly Posted or Renewed Job Openings
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Health and Welfare Payroll Analyst (Ref. #PD-15542-BL: Rosemead, Ca)
for Southern California Edison
in CA

Health and Welfare Benefits Analyst (Ref. #PD-15543-BL: Rosemead, Ca)
for Southern California Edison
in CA

Manager, International Compensation & Benefits
for Praxair, Inc.
in CT

Account Executive - Client Relationship Management
for Diversified Investment Advisors
in IL

401(k) Administrator
for MK Recruiting
in NJ

Retirement Trust Professionals/Relationship Managers/OPS
for Reliance Trust Company
in GA

Benefits Analyst
for McKesson Corporation
in CA

Client Service Representative
for LaRhette Manin Benefits Service Group
in MA
Newly Posted Webcasts
(Post Yours!)

Health Insurance Expansions, 2004: Examining the Options
on November 3, 2003
presented by KaiserNetwork.org
Newly Posted Conferences
(Post Yours!)

Benefits/Wage and Hour Compliance Update
in MA
November 20, 2003
Worldwide Employee Benefits Network
Newly Posted Press Releases
(Post Yours!)

Madison Retirement Resources Names Lori Allison as Client Services Manager
(Madison Retirement Resources)

Space Systems/Loral Leverages Power of the Web with Ceridian HR Solutions
(Ceridian)

401k Education, Inc. Announces a Series of White Papers Focusing On the Business Challenges Facing the Mutual Fund Industry
(401k Education, Inc)

IRS Seeks Nominations for TE/GE Advisory Committee
(Internal Revenue Service)


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