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July 12, 2004
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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)
Is Paid Leave Near for All U.S. Workers?
Excerpt: "Thirteen million Californians are covered by the law, which took effect July 1. They account for nearly one-tenth of the country's workforce. For them - and for the rest of the nation looking on - the law may help answer the oft-asked question: Is the United States ever likely to provide European-style paid leave?" (Christian Science Monitor)

Estate Planning Tip: HIPAA Privacy Rules Can Frustrate Intent of 'Power of Attorney' Instrument
Excerpt: "The [HIPAA medical privacy] rules are meant to prevent improper disclosure of a person's medical records and related information, which is certainly a laudable goal, but lawyers have noted that the rules could create a Catch-22 for powers of attorney and other directives that are triggered when a person becomes disabled." (Washington Post; one-time registration required)

DOL Advisory Opinion 2004-08A: Vacation Plan Might Not Be 'Welfare Benefit Plan' Even Trust Used
June 21, 2004. Excerpt: "[I]t appears that there is a separate trust with a direct legal obligation to pay the benefits due under the Plan. However, contributions do not appear to bear any relationship to the Plan's accruing liability and the administrator has not exercised its power under the Trust document to establish a rate of contribution ... [T]he essential nature of the Trust [is] as a mere pass-through vehicle for the employer's payment of ordinary vacation wages ..." (Employee Benefit Security Administration, U.S. Department of Labor)

DOL Advisory Opinion 2004-06A: Whether Small Death Benefits Constitute a 'Remembrance Fund'
June 21, 2004. Excerpt: "[Y]ou ask whether a program established by SEIU Local 616 to provide a small monetary payment to beneficiaries of deceased members is a 'remembrance fund' within the meaning of 29 C.F.R. ยง 2510.3-1(g), and, therefore, exempt from coverage under Title I of ERISA." (Employee Benefit Security Administration, U.S. Department of Labor)

Virginia Workers Seek Sundays Off Under Law
Excerpt: "Gov. Mark Warner summoned the General Assembly to return Tuesday to fix a legislative mistake that gives workers Sundays off. In a proclamation issued Thursday, Warner said the single purpose of the brief and rare remedial session would be 'considering legislation to reinstate the exemptions to the day of rest laws' inadvertently stricken from the books in a bill passed this year." (USA Today)

Federal Agency Officials Say Resistance To Telework Is Dropping
Excerpt: "Agency officials told lawmakers Thursday that managerial resistance to telecommuting is gradually diminishing." (GovExec.com)

EEOC on Track With ADEA Retiree Health/Erie County Fix
Excerpt: "According to its recently updated regulatory agenda, the EEOC remains on track to finalize regulations that will exempt coordination of retiree health benefits with Medicare eligibility from the Age Discrimination and Employment Act (ADEA) in September." (HR Policy Association)

Overview: Ruling Describes Interaction Between HSAs, FSAs and HRAs
Excerpt: "The good news, says Alston & Bird Partner John Hickman, is that an employer can offer a flexible spending account (FSA) or health reimbursement arrangement (HRA) with an HSA. The bad news is you cannot use a general purpose FSA -- one that can be used to pay, for instance, for over-the-counter drugs -- in this type of arrangement. That means that most employers that offer FSAs still cannot provide access to HSAs as well." (BenefitNews.com)

Guidance for Health Savings Accounts on Preventive Services Expected
Excerpt: "The Treasury Department late [this] week is expected to issue its latest batch of guidance to resolve many questions that have been raised about health savings accounts linked to high-deductible health insurance plans." (Business Insurance)

Consumer-Directed Care Reduces Costs and Improves Access
Excerpt: "A new study of purchasers of Health Savings Accounts shows that the new health care financing arrangements are appealing to those who previously were shut out of the insurance market, to families, to older Americans, and to workers of all income levels." (The Galen Institute)

Links to Items on Executive Comp, Benefits in General

Cafeteria/401(k) Plan Tax Savings Calculator
Excerpt: "Don't just tell your employees they can reduce their taxes by making pre-tax contributions to your benefit plans--let them see it for themselves! Increase participation by providing your employees with a powerful, easy-to-use tool to estimate their federal tax savings from participating in your benefit plans." (Employee Benefits Institute of America Inc. (EBIA))

As Same-Sex Couples Go Legal in New Jersey, Questions Swirl
Excerpt: "Domestic partners of state employees will get health and pension benefits, and local governments can decide to provide the same. As of June, at least three towns -- Maplewood, South Orange and Princeton Borough -- had passed such measures. Private employers do not have to provide benefits but many do so and the act will not interfere with that practice." (New Jersey Law Journal via Yahoo! Finance)

2004 State Legislative Sessions: Talk, Little Action In Most Legislatures
Excerpt: "After four years of bruising budget battles, state lawmakers this year jousted over gay marriage, skyrocketing health care costs and how to pay for schools. But when the dust settled, most states either put off deciding some of the tough issues for another time or opted to let voters decide this November." (StateLine.org)

Overview: Congress Considers Major Changes to Taxation of Deferred Compensation (PDF)
12 pages. Excerpt: "These changes, if enacted into law, would require substantial changes by employers to many types of deferred compensation plans, including not only bonus and salary deferral plans, but also potentially SERPs, excess plans, incentive plans, severance and golden handshake arrangements, expatriate arrangements, directors plans, and deferral plans for sales representatives and other independent contractors." (Miller & Chevalier Chartered)

Summary of House Energy and Commerce Subcommittee Hearing on FASB Stock Options Proposal (PDF)
2 pages. (American Benefits Council)

Newly Posted Events

Designing Your Life in Retirement: A Guide to Planning Your Future (Ongoing Webinar Series)
Nationwide on July 1, 2004
presented by Planning For Life

Designing Your Life in Retirement: A Guide to Planning Your Future (Ongoing Webinar Series)
Nationwide on August 1, 2004
presented by Planning For Life

Fundamentals of Qualified Plans
in Massachusetts on November 4, 2004
presented by SunGard Corbel

Fundamentals of Qualified Plans
in Texas on November 4, 2004
presented by SunGard Corbel

Fundamentals of Qualified Plans
in New York on November 18, 2004
presented by SunGard Corbel

Fundamentals of Qualified Plans
in Arizona on November 18, 2004
presented by SunGard Corbel

Fundamentals of Qualified Plans
in California on December 2, 2004
presented by SunGard Corbel

Summer Program: Absence Management in Healthcare Organizations
in Colorado on July 29, 2004
presented by Colorado Association of Healthcare Executives

The Enhanced Lifestyle Planner: Organize Your Thinking and Expand on Your Goals (Ongoing Webinar Series)
Nationwide on August 1, 2004
presented by Planning For Life
Newly Posted Press Releases

SunGard Corbel Pension Web Seminars Earn NASBA Approval for CPE
(SunGard Corbel)

Bankers Life and Casualty Improves Investment Product Sales with Innovative Product
(Metrics Partners)
Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

Health & Welfare Associate
for Towers Perrin
in CA, IL, NC, NJ, NY

Defined Benefit Implementation Specialists
for Constantin Control Associates
in NC, NJ

Account Executive-San Mateo
for Transamerica
in CA

Retirement Plan Sales Consultant
for Invesmart, Inc.
in CT, IL, MA, MD, ME, MI, NH, NY, OH, RI, TX, VA, WI

Retirement Plan Sales Consultant
for Lincoln Financial Advisors
in DC, MD

Plan Administrator/Consultant
for Top Tier Retirement Provider
in MN

Associate Director, Benefits
for Western & Southern Financial Group
in OH

Benefits Coordinator
for Wildman, Harrold, Allen & Dixon LLP
in IL

401K Compliance and Reporting Testing Analyst II
for Boston Financial Data Services
in MA

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