| BenefitsLink Welfare Plans Newsletter |   |
May 2, 2005
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Overview: AARP v. EEOC and the Future of Employer-Sponsored Retiree Health Plans
Excerpt: "A federal district court in Pennsylvania recently sided with the AARP (formerly, the American Association of Retired Persons) in its challenge to a final Equal Opportunity Employment Commission (EEOC) rule governing an employer's ability to provide retiree health benefits. The case, AARP v. EEOC, involves the requirements of the Age Discrimination in Employment Act of 1967 (P.L. 90-202) (ADEA)." (BNA Tax Management)
Termination Of Employee For Failing To Return To Work Did Not Violate The FMLA
Excerpt: "An employer did not violate the Family and Medical Leave Act (FMLA) when it terminated an employee who failed to report to work for two weeks following an approved vacation. This was the decision of the Tenth Circuit U.S. Court of Appeals in Taylor v. Smith's Food & Drug Centers, Inc. (No. 04-4163)." (Spencer Benefits Reports)
Court Rejects Employer's Argument that Federal Court Has Exclusive Jurisdiction of COBRA Claim
Excerpt: "This case illustrates the procedural complexities of ERISA lawsuits. The court is certainly correct that an ERISA claim to recover benefits can be brought in either state or federal court. Similarly, claims to enforce rights under a plan or to clarify future rights to plan benefits can also be brought in state or federal court. For any other type of ERISA lawsuit, however, the federal courts have exclusive jurisdiction." (Employee Benefits Institute of America Inc. (EBIA))
Health Insurers Give Substance Abuse a New Identity: It's a Disease and Needs Treatment
Excerpt: "Substance abuse costs our society more than $260 billion a year for comorbidities, law enforcement and treatment, but less than 2 percent -- about $5.5 billion -- goes for treatment, according to the federal government. That's partly because health plans fail to identify enrollees who need help, and because payers are sadly unmindful of the additional $110 billion in lost productivity that results from what many medical professionals consider the nation's single most serious health problem." (Managed Care Magazine)
The Diffusion and Value of Healthcare Information Technology (PDF)
127 pages. Excerpt: "This report presents research on the diffusion and value of healthcare information technology (HIT). It is part of a larger RAND Corporation study that examined the value of HIT and policy options available to promote HIT, if and when such promotion seems appropriate. Future reports from the larger study are anticipated to be published in the middle of 2005." (RAND)
Lawmaker Sen. Mike Enzi Pushes for Accord on Health Plans for Small Businesses
Excerpt: "A key senator urged supporters and opponents of association health plans to work out a compromise that would lower the cost of health insurance for small businesses without fragmenting the market." (Puget Sound Business Journal (Seattle) via bizjournals.com; one-time registration required)
Health Coverage Dispute Pits Older Retirees Against Younger
Excerpt: "It is a health care issue that pits older retirees against younger ones, and both sides are asking Congress for help. Some employers and unions want Congress to override a recent federal court ruling that would force employers who offer health insurance to early retirees to give comparable coverage to retirees who are 65 or older and eligible for Medicare." (The New York Times; one-time registration required)
Links to Items on Executive Comp, Benefits in General
Overview: New Bankrup.tcy Act Contains Provisions on Retirement and Other Employee Benefit Plans
Excerpt: "The expenses that can be deducted from a debtor's monthly income include 'reasonably necessary health insurance, disability insurance, and health savings account expenses for the debtor, the spouse of the debtor, or the dependents of the debtor.'" (Employee Benefits Institute of America Inc. (EBIA))
Summary of FASB Statement 123R on Share-Based Payment (PDF)
13 pages. Excerpt: "Financial Accounting Standards Board (FASB) Statement No. 123 (revised 2004), Shared-Based Payment (Statement 123R) repeals the longstanding 'intrinsic value' method of accounting for equity compensation prescribed by APB Opinion No. 25 (Opinion 25), and replaces original Statement 123 with a mandate that generally all equity awards granted to employees be accounted for at 'fair value.'" (Frederic W. Cook & Co., Inc.)
Text of S. 256 Language on Bonus and Severance Pay Restrictions (PDF)
3 pages. Excerpt: "Purpose: To expand the authority of bankrup.tcy courts to limit retention bonuses and severance pay to corporate insiders." (U.S. Senate via The ERISA Industry Committee)
Newly Posted Events
Basic Law of Pensions, Welfare Plans, and Deferred Compensation
in Massachusetts on August 15, 2005
presented by ALI-ABA (American Law Institute-American Bar Association)
Current Developments in Employment Law
in New Mexico on July 28, 2005
presented by ALI-ABA (American Law Institute-American Bar Association)
Fiduciaries Under Scrutiny – Plan Management Issues for 401(k) and Other ERISA Plans in the 21st Century
Nationwide on May 26, 2005
presented by ALI-ABA (American Law Institute-American Bar Association)
Pension, Profit-Sharing, Welfare, and Other Compensation Plans
in District of Columbia on October 20, 2005
presented by ALI-ABA (American Law Institute-American Bar Association)
Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers
in District of Columbia on September 8, 2005
presented by ALI-ABA (American Law Institute-American Bar Association)
Newly Posted or Renewed Job Openings
Marketing Manager, Retiree Health Services
for ICMA-RC - Building Retirement Security
in ANY STATE, DC
Communications Specialist
for Invesmart, Inc.
in OH
Actuarial Assistant
for Swerdlin & Company
in GA
Chief Information Security Officer
for Major multi-employer Taft-Hartley Benefit and Pension Fund
in NY
Account Executive – Retirement Services
for The Principal Financial Group
in AL
Marketing Consultant
for Principal Financial Group
in CO
Institutional Trust Consultant
for Branch Banking and Trust Co. (BB&T)
in VA
Recordkeeper Relationship Consultant
for Northern Trust Company
in IL
Handy Links:
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- Using the Web for Employee Benefits Research (hypertext article)
- Employee Benefits Library
Copyright 2005 BenefitsLink.com, Inc.; except that you may reprint this newsletter in full (including this sentence) without obtaining our permission.
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