| BenefitsLink Welfare Plans Newsletter |   |
September 29, 2005
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U.S. District Court Judge Changes Ruling on Retiree Health Benefits
Excerpt: "Reversing her earlier decision, a federal judge ruled that companies may offer younger retirees better health care benefits than they give older retirees who qualify for Medicare. The AARP sued over the rule change proposed by the Equal Employment Opportunity Commission on the ground that unequal health packages amount to age discrimination. Judge Anita B. Brody of United States District Court in Philadelphia initially agreed, ...." (AP via The New York Times; one-time registration required)
Text: Eastern District Court Ruling in AARP v. EEOC, Filed 09/27/2005 (PDF)
41 pages. Excerpt: "In this suit under the Administrative Procedure Act, 5 U.S.C. § 551 et seq. (the 'APA'), the AARP challenges a regulation proposed by the Equal Employment Opportunity Commission (the 'EEOC'). The proposed regulation would exempt certain employer practices from the AgeDiscrimination in Employment Act, 29 U.S.C. § 621 et seq. (the 'ADEA'), as amended by the Older Workers Benefit Protection Act, Pub. L. No. 101-433 (1990) (the 'OWBPA')." (U.S. District Court for the Eastern District of Pennsylvania via American Benefits Council)
Federal Judge Agrees: Nine Is Greater than Four-- Judges, That Is, on AARP v. EEOC
Excerpt: "As discussed in an earlier post, a federal judge was taking a second look at her decision barring the EEOC from publishing regulations that would permit employers to coordinate retiree health care benefits with Medicare eligibility. The EEOC contended that the Supreme Court's decision in Brand X confirmed [that] EEOC's the authority to issue the challenged regulations, despite the Third Circuit's Erie County decision that the ADEA prohibited benefit plans from reducing medical ...." (for your benefit blog)
Report on Feasibility and Cost-Effectiveness of Consolidated State-Wide Health Benefits System (PDF)
112 pages. Excerpt: "We find that substantial savings could be achieved through a state-wide health benefit system for public school employees. We considered three options that could save from $146 million to $281million a year in 2005 dollars. We recommend an approach that would save $281 million a year in 2005 dollars, but the full savings could not be achieved until all school systems were in the statewide plan. The report fully explains our findings and recommendations." (Hay Group)
Disease Management Vendors Begin Targeting Smaller, Self-Funded Employers
Excerpt: "Disease management vendors, driven by benefits brokers who believe they now have more precise data tools that can show smaller, self-insured employers the need for stand-alone DM programs, are beginning to develop products aimed at smaller, self-funded companies. But other industry experts say that inadequate claims data and small employee pools make it very difficult for smaller firms to provide cost-effective DM programs." (INSIDE DISEASE MANAGEMENT via AISHealth.com)
Wellness Tools Get Pre-Tax Blessing
Excerpt: "A recent legal finding by noted benefits attorney Mark Wincek of Kilpatrick Stockton determines that wellness services such as customized nutritional supplements, supervised fitness programs and telephone-based health coaching can be paid for with pre-tax dollars, thereby increasing the flexibility of health spending accounts." (The Adviser)
Study Doubts Massachusetts Health Care Bill: Pooled Policies May Hurt Small Firm Staff
Excerpt: "The study, sponsored by a trade group for Massachusetts health insurers, found that such pools, called association health plans, would neither lower costs nor increase access to healthcare for employees of small companies." (The Boston Globe)
Overview: IRS Provides Guidance on HSA Comparability Rules (PDF)
6 pages. Excerpt: "The IRS recently issued proposed regulations that provide guidance on the comparability requirements applicable to HSA contributions made by employers. Employers that want to contribute to employees' HSAs will find useful information on how they may make such contributions and avoid possible excise tax liability." (Buck Consultants)
Blue Cross Blue Shield of Michigan Retools Health Care Savings Accounts
Excerpt: "Michigan's largest insurer is teaming with Wells Fargo & Company, a San Francisco-based bank, to create an easy-to-use system of managing and using the accounts, which are available to about 5,000 Blues customers. .... Under the Blues deal, beginning on Jan. 1 Wells Fargo will invest cash in the accounts and provide customers with a debit card to access them. Customers who use such accounts now must find a company to manage the money." (The Detroit News)
Health Plans Urged to Avoid Pitfalls in HSA Administrator Partnerships
Excerpt: "[Brad] Arends discussed the evolution of HSAs, and potential pitfalls in partnerships between health plans and administrators, at an Aug. 25 audioconference sponsored by ICDC." (INSIDE CONSUMER-DIRECTED CARE via AISHealth.com)
College Employees Paying More for Benefits
Excerpt: "Most college employees paid more for health insurance last year than they did the year before, and most colleges also paid more for the coverage they provide, according to data released Monday in Orlando at the annual meeting of the College and University Professional Association for Human Resources." (Inside Higher Ed)
Links to Items on Executive Comp, Benefits in General
Text: Proposed Regulations Under Code Section 409A for Nonqualified Deferred Compensation Plans (PDF)
238 pages. Excerpt: "In general, these regulations incorporate the guidance provided in Notice 2005-1 and provide substantial additional guidance." (Internal Revenue Service)
Civil Unions Creates Challenges for Connecticut Business
Excerpt: "Not only will life change for same-sex couples in Connecticut when civil unions become law Saturday, it will change for their employers. Businesses across Connecticut must answer questions about extending benefits including health insurance coverage, supplemental life insurance, family and medical leave, and pension benefits, to partners of g.ay employees." (AP via The Boston Globe)
Overview: DOL and IRS Offer COBRA, HIPAA, and Claims Relief for Katrina Victims (PDF)
4 pages. Excerpt: "The DOL and IRS have provided relief to employee benefit plans and to plan participants and beneficiaries affected by Hurricane Katrina by extending the time periods within which they must act under COBRA, HIPAA, and plan claims procedures." (Buck Consultants)
Newly Posted Events
15th Annual National Health Benefits Conference & Expo
in Florida on January 26, 2006
presented by Health Benefits Conference & Expo
Ask the Experts: Medicare Part D
Nationwide on October 6, 2005
presented by Kaiser Family Foundation
Getting Ready for FAS 123(R)
Nationwide on October 5, 2005
presented by Hay Group
Getting Ready for FAS 123(R)
Nationwide on October 19, 2005
presented by Hay Group
Getting Ready for FAS 123(R)
Nationwide on October 26, 2005
presented by Hay Group
Newly Posted Press Releases
Ceridian Observes Increased Interest in Commuter Benefit Programs; Often Overlooked as part of a Company's Benefit Portfolio, Survey Respondents Echo Importance
(Ceridian)
Deadlines for Taxpayers Affected by Hurricane Katrina Extended Until Feb. 28
(Internal Revenue Service (IRS))
As IRS Boosts Mileage Reimbursement Rate, HR.BLR.com Editors Remind Employers of Law's Requirements
(Business and Legal Reports, Inc.)
PlanTools And Envestnet Announce Alliance To Support Integrated Reporting Services For 401(k) Advisors & Service Pltforms
(McHenry Group, The)
Council Encouraged by District Judge's Reversal of AARP v. EEOC Retiree Health Decision
(American Benefits Council)
DATAIR Releases DC/Win - Scalable Administration Software for 401(k) and other Defined Contribution Plans
(DATAIR Employee Benefit Systems, Inc.)
Treasury And IRS Propose Regulations On Deferred Compensation
(U.S. Treasury Department and Internal Revenue Service)
CitiStreet Launches Direction-for-Life Campaign; Growth in Range of Services from Sign-Up into Retirement Leads to Broad Approach to Encourage Participation
(CitiStreet)
U.S. Labor Department Extends Annual Reports Deadline After Hurricane Rita Hits Louisiana, Texas; Deadline for Areas Affected by Hurricane Katrina Also Further Extended
(U.S. Department of Labor, Employee Benefits Security Administration)
Lincoln Independence(SM), a Lincoln Financial Group Retirement Product, is Now Available
(Delaware Investments)
Newly Posted or Renewed Job Openings
Relationship Manager
for MassMutual Financial Group
in CT, MA
Plan Administrator
for Third Party Administration Firm
in FL
Associate (Executive Compensation and Benefits)
for Pillsbury Winthrop Shaw Pittman LLP
in CA
Manager, Employer Reporting
for CitiStreet
in NJ
VP of Marketing and Member Services
for TowerHunter Executive Search
in VA
Pension Administrator - PA
for Vanguard
in PA
Pension Analyst - PA
for Vanguard
in PA
Retirement/ Pension Plans Administrator
for The Atlantic Group
in AZ
External Wholesaler
for Transamerica-The Winning Organization
in CO, WA
Pension Administrator (Defined Benefit and/or Defined Contribution)
for Loren D. Stark Company, Inc. (LDSCO)
in TX
40lk/Pension Analyst
for BLB Consulting Inc (Search firm)
in NY
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