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March 10, 2005
Today's sponsor: Hay Group, Inc. 

Free Hay Group Web  Seminar on Medicare Part D
Are you ready for the changes taking place later this year? Let Hay
Group's actuarial consultants help you decide how best to take
advantage of the Medicare Part D prescription drug program.
Register today for a free 1-hour web seminar, which explains,
in plain English, if your retiree plan qualifies for the federal
subsidy, what your options are, and how much you can expect to
save. Deadlines are rapidly approaching.
For more information go to:
http://www.haygroup.com/expertise/commitment/medicare_part_d.asp

(Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor)
Health Savings Accounts Could Transform Health Insurance Into 'Secondary Component'
Excerpt: "The impact that health savings accounts (HSAs) will have on the health insurance industry -- and small niche companies -- could parallel the negative effect 401(k) retirement plans had on the traditional pension industry more than 20 years ago, some industry observers suggest." (INSIDE CONSUMER-DIRECTED CARE via AISHealth.com)

Overview: The FMLA's Notice Requirement and the Plaintiff's Burden in a Retaliation Lawsuit (PDF)
Pages 3-4 of 8 pages. Excerpt: "It should be noted that an alternative and more lenient standard still is used in some jurisdictions where, in order to prevail, the plaintiff need only prove by a preponderance of the evidence that his/her FMLA leave constituted a 'negative factor' in the employer's decision to terminate." (Dow, Lohnes & Albertson, PLLC)

Journal of the American Medical Association Says Computing Is No Panacea for Health Care Delivery
Excerpt: "The Bush administration and many health experts have declared that the nation's health care system needs to move quickly from paper records and pres.criptions into the computer age. Modern information technology, they insist, can deliver a huge payoff: fewer medical errors, lower costs and better care. But research papers ... in The Journal of the American Medical Association cast doubt on the wisdom of betting heavily that information technology can transform health care anytime soon." (The New York Times; one-time registration required)

Hospital 'Report Cards' May Be Misleading: Debate Grows over Public Grading
Excerpt: "The trend toward issuing 'report cards' on the nation's hospitals and doctors has not been shown to improve care, and might even harm patients, some physicians warn." (MSNBC News)

Overview: How Are Wellness Benefits Taxed?
Excerpt: "Wellness benefits provided employees are excluded from an employee's income if such benefits are excluded by a specific Internal Revenue Code section. To be excluded, these benefits must either qualify as an 'eligible medical expense' under Code Section 213 or as a 'fringe benefit' under Code Section 132. There are no specific Internal Revenue Code sections that apply to wellness benefits." (Chicago Consulting Actuaries, LLC)

Termination Of Employee After Birth Of Her Disabled Child Might Have Violated The ADA
Excerpt: "A plaintiff may proceed with her lawsuit alleging that her employer violated the Americans with Disabilities Act (ADA) by terminating her shortly after the birth of her disabled child. This was the ruling of the Eighth Circuit U.S. Court of Appeals in Strate v. Midwest Bankcentre, Inc. (No. 03-4039)." (Spencer Benefits Reports)

Links to Items on Executive Comp, Benefits in General

FAS 123(R) Requires Acceleration of Equity Compensation Cost for Retirement-Eligible Employees (PDF)
4 pages. Excerpt: "A ... provision in new FASB Statement 123(R) has come to our attention that, to our knowledge, has received no publicity. Specifically, if an employee who receives an equity award is retirement eligible, and the terms of the award are that any nonvested portion of the grant would accelerate or continue to vest at retirement, grant date compensation cost must immediately be recognized at grant, not accrued over the vesting period ...." (Frederic W. Cook & Co., Inc.)

SEC Will Provide Accounting Guidance: New Rules on Stock Options to Take Effect
Excerpt: "Securities and Exchange Commission Chairman William H. Donaldson told lawmakers yesterday that the agency would issue guidance this month to help companies comply with new rules on accounting for stock options." (The Washington Post; one-time registration required)

Overview of Annual Report and Proxy Statement Season (PDF)
12 pages. Excerpt: "To help you prepare for the upcoming annual report and proxy season, this issue highlights many of the changes you will need to consider in preparing your annual reports and proxy statements. (Originally published December 2004)" (Snell & Wilmer L.L.P.)

Fair Value Transfer: Alternate Approach to Measuring Aggregate Long-Term Incentive Grant Values (PDF)
13 pages. Excerpt: "Long-term incentive (LTI) compensation programs at public companies are in a state of flux. Companies have already started rethinking LTI compensation strategy in response to regulatory changes, shareholder pressures to constrain dilution, and market volatility over the past few years." (Frederic W. Cook & Co., Inc.)

Transcript: Nonqualified Deferred Comp –- Validating Section 409A Transition and Compliance Plans (PDF)
42 pages. 90 minute Webcast Sponsored by the Corporate and Securities Law Committee of the Association of Corporate Counsel, February 22, 2005 (Kilpatrick Stockton LLP)

Hewitt Federal Legislation Quick Guide Updated as of March 8, 2005
Excerpt: "Hewitt's Federal Legislation Quick Guide provides short updates on federal legislation that is currently under active consideration by Congress or has recently been enacted into law regarding health and welfare benefit plans, retirement plans, and human resources and employment law." (Hewitt Associates)

7th Circuit Opinion on Class Certification Issue Involving an ERISA Section 510 Case
Excerpt: "In today's posting at Jottings By an Employer's Lawyer, Michael Fox discusses a recent 7th Circuit opinion written by Judge Richard Posner on a procedural issue involving an ERISA section 510 case--In Re: Allstate Insurance Company (7th Cir. 3/28/05) [pdf]." (Attorney B. Janell Grenier via BenefitsBlog.com)

Newly Posted Events

Final 401(k) Regulations presented by Janice M. Wegesin, CPC, QPA, President, JMW Consulting, Inc.
in Kentucky on March 29, 2005
presented by ASPPA Benefits Council of Greater Cincinnati

Health & Welfare Plan Management for Mid-Sized Employers
in Illinois on June 5, 2005
presented by University Conference Services

Mid-Sized Pension Management Conference
in Massachusetts on May 3, 2005
presented by University Conference Services

Pension Fund Conference Addresses the Importance of Positioning for Survival During the Looming Pension Fund Crisis
in New York on April 18, 2005
presented by Wall Street Transcript

The Future of Social Security and Implications for Higher Education
Nationwide on March 16, 2005
presented by NACUBO (National Association of College and University Business Officers)

Understanding The Formulary Requirements Under Medicare Part D
Nationwide on March 16, 2005
presented by Atlantic Information Services, Inc

Unlawful & Sexual Harassment in the Workplace
in California on April 19, 2005
presented by Precept Human Capital Management

Newly Posted Press Releases

PBGC Issues Two Rules On Electronic Filing Of Financial, Actuarial And Premium Information
(Pension Benefit Guaranty Corporation (PBGC))

Labor Department Proposes Rules to Help Workers In Abandoned 401(k) Plans
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))

Labor Department Proposes Rules To Help Workers In Abandoned 401(k) Plans
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))

Newkirk Introduces Rollover Solution for Mandatory Distributions
(Newkirk Products, Inc.)

National Employee Benefits Day is April 4
(International Foundation of Employee Benefit Plans)

Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

Sales Representative
for Great-West Healthcare
in IL, KS, MO, TX

Retirement Plan/Recordkeeper Analyst
for WESPAC
in CA

AVP, Health Mgmt & Insurance Programs
for UnumProvident Corporation
in ME

Pension Plan Coordinator
for Transamerica
in CA

Sr. Benefits Analyst
for Sava Senior Care
in TX

Benefits Specialist
for NASD
in MD

Pension Administrator II - III
for Lawrence Johnson & Associates
in CA

401k Plan Administrator
for Compass Pension Partners, LLC
in WA

Consultant
for Fidelity Investments
in MA



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