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April 27, 2004 - 8834 subscribers
Today's sponsor: Employee Benefits Institute of America Inc. 


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(Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor)
Bush Pushes High-Tech Health Recordkeeping
Excerpt: "Calling paper medical records an 'antiquated' burden, U.S. President George W. Bush said that every American should have an electronic health care file within ten years." (AFP via Yahoo! News)

Bookmark: eWeek Unveils 'Health Care Industry Center' Web Site
Excerpt: "Last week, we introduced a new way for our audience to navigate the content of eWEEK.com: Industry Centers that focus on the vertical markets of greatest interest to our enterprise IT audience.... Our first full-fledged Industry Center is dedicated to IT challenges and achievements in the field of health care, including the pharmaceutical industry, hospitals, research and insurance." (eWeek)

Revised IRS Newsletter Raises Questions About COBRA Coverage Period for HCTC-Eligible Workers
Excerpt: "The IRS has posted on its website a revised newsletter regarding COBRA and the 2002 Trade Act, from which earlier guidance has been removed.... In an earlier version ... the IRS said: 'The second COBRA election period does not extend the original COBRA benefit period, which is still measured from the date of the loss of coverage due to the qualifying event.' This language does not appear in the recently-posted revised version of the newsletter." (Employee Benefits Institute of America Inc. (EBIA))

5th Circuit Rejects Fiduciary's Federal Common-Law Unjust Enrichment Claim for Recovery of Benefits
Cooperative Benefit Adm'rs, Inc. v. Ogden (5th Cir. 2004). Excerpt: "EBIA Comment: This decision provides another piece of the post-Knudson puzzle regarding whether a fiduciary can recover amounts paid to a plan participant.... This decision is an example of a fiduciary's unsuccessful attempt to use a third approach: a federal common-law claim that had been recognized by some courts before the Supreme Court's decision in the Knudson case." (Employee Benefits Institute of America Inc. (EBIA))

'HSA' Spells a Trend
Excerpt: "Employer-sponsored health insurance plans, which over the years have lurched through one formulation after another in search of some mechanism that would rein in soaring costs, are about to take another twist." (Washington Post; one-time registration required)

Comments by America's Health Insurance Plans to IRS on Recent Health Savings Account Guidance
Excerpt: "The following are recommendations from America's Health Insurance Plans (AHIP) for guidance to clarify the requirements for health savings accounts ... Our comments are divided into four categories: (A) requirements for high deductible health plans; (B) contributions to health savings accounts; (C) distributions from health savings accounts; and (D) administration of health savings accounts." (America's Health Insurance Plans)

Lawmakers React to EEOC Ruling Allowing Employers To Reduce Health Benefits for Older Retirees
Excerpt: "Lawmakers have begun to react to a 'politically sensitive' ruling by the Equal Employment Opportunity Commission to allow employers to reduce or eliminate health benefits for retirees when they become eligible for Medicare coverage at age 65, CQ Today reports." (KaiserNetwork.org)

Managing Health Costs: Four Case Studies
Excerpt: "Fall River Group brought down health-care premiums by persuading employees to share in increased co-pays. Highsmith offered financial incentives to employees who participated in wellness programs. Nexen used consumer-driven health care. Union Pacific is addressing smoking." (Workforce.com)

Colorado Official Warns Fake Health Plans Are On the Rise
Excerpt: "These Ponzi schemes are growing, Colorado Insurance Commissioner Doug Dean said Monday. He warned the public to beware of unlicensed insurance companies and to check firms' credentials on the Division of Insurance's Web site." (Rocky Mountain News)

Links to Items on Executive Comp, Benefits in General

Claimant Could File Suit Because Plan Failed to Decide Claim Within 90 Days
Linder v. BYK-Chemie USA Inc. (D. Conn. 2004). Excerpt: "This decision caught our eye because it highlights an important difference between the old and new ERISA claims regulations.... This case illustrates the consequences that can result from failure to comply with the new claims regulations. The new regulations do not retain the deemed denial rule, substituting instead the deemed exhaustion rule, and claims procedures should reflect the change." (Employee Benefits Institute of America Inc. (EBIA))

Romney Won't Let G.ay Outsiders Wed in Massachusetts
Excerpt: "Same-sex couples who live outside Massachusetts will not be able to marry in Massachusetts when g.ay marriage becomes legal here next month, Gov. Mitt Romney said." (New York Times; one-time registration required)

Mass. Governor: Marriages Won't Transfer
Excerpt: "Gov. Mitt Romney invokes a 90-year-old law barring marriages in Massachusetts if they are not legal in the couple's home state. Many say the move is meant to keep g.ay couples from flocking to Massachusetts when same-sex marriage becomes legal there on May 17. NPR's Tovia Smith reports." (National Public Radio)

Same-Sex Marriage: the Challenges Facing Employee Benefit Plan Sponsors (PDF)
5 pages. Excerpt: "While there are few definitive answers, employers should consider the following issues:" (The Law Office of Stella M. Edralin)

The Executive Perk Is Still Thriving
Excerpt: "The executive perk, much criticized during the corporate scandals of the past few years, is still thriving at many big companies, where top managers take personal trips on company jets, have their taxes paid or get free home security systems." (AP via FindLaw.com)

Delta Shareholders Approve Executive Pension Restrictions
Excerpt: "Under the proposal, Delta's board would have to seek shareholder approval for any 'extraordinary retirement benefits' given to senior executives, including credit for years of service not worked, accelerated vesting rights, or funding bankrup.tcy-proof pension accounts." (PLANSPONSOR.com; one-time registration required)

Welcome to new BenefitsLink advertiser Workplace Economics Inc.
Excerpt: "Workplace Economics Inc. is an economics research and consulting firm specializing in the application of economic and quantitative analysis to employment, compensation and benefits, healthcare, pension and retirement issues since 1988. Workplace Economics Inc. has special expertise with respect to public employee compensation and benefits issues and private transportation industry compensation and benefits issues."

Newly Posted Events

57th National Conference & Exhibition
in Louisiana on September 29, 2004
presented by Profit Sharing/401(k) Council of America (PSCA)

Annual Form 5500 Review - Breakfast Meeting
in Connecticut on May 11, 2004
presented by WEB (Worldwide Employee Benefits Network) Stamford Chapter

Rising Health Care Costs ... Strategies for Containment
in California on April 28, 2004
presented by No. Calif. Chapter of Certified Employee Benefits Specialists (ISCEBS)

Treasury Officials Discuss Health Savings Accounts Guidance
Nationwide on May 11, 2004
presented by Employers Council on Flexible Compensation (ECFC)
Newly Posted Press Releases

Union Central Adopts MasteryPOINT’S Guidance Plus®
(Newkirk)

Leaders Suggest Thinking Twice Before Outsourcing Jobs Overseas
(eePulse, Inc.)

Morgan Stanley’s Martin Leibowitz, Russell Investment Group’s Don Ezra To Be Honored With EBRI Lillywhite Award For Distinguished Service
(Employee Benefit Research Institute (EBRI))

Galen Institute on Joint Economic Committee Hearing
(Galen Institute)

Retirement Research Project Looking for Participants
(Matthew D. Hutcheson, LLC)

The Benefit Network Partners With NewsGator To Provide A Targeted HR Newsreader
(The Benefit Network)

NASD Proposes Specific Requirements For Deferred Variable Annuity Sales
(NASD (National Association of Securities Dealers))

NRLN Catches EEOC Discriminating
(National Retirees Legislative Network (NRLN))
Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

401(k) Administrator
for ML Kerns & Associates, Inc., a division of American Benefit Resources, Inc.
in TX

Pension Plan Administrator
for The Pension Alliance, Inc.
in PA

Manager - Benefits Administration
for Search firm on behalf of client company - confidential
in AR, KS, MO, OK

Compliance Operations Unit Manager
for Hewitt Associates
in IL

Retirement Plan Sales - Southern California
for Hicks Pension Services
in CA

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