| BenefitsLink Welfare Plans Newsletter |   |
October 5, 2005
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DOL Offers Informal Views on Special Enrollment and Wellness Programs
Excerpt: "The Joint Committee on Employee Benefits (JCEB) of the American Bar Association (ABA) recently posted on its website a report of the May 2005 informal question and answer session between JCEB representatives and officials from the DOL. These annual sessions are based on questions about employee benefits issues that the JCEB submits to the DOL in advance. [On the target page] are two HIPAA issues that were addressed." (Employee Benefits Institute of America Inc.)
Trial Court Rejects Challenge to EEOC Retiree Health Benefit Regulations, Vacating Earlier Ruling
Excerpt: "Although the decision will be welcomed by employers with retiree health plans, their quest for relief in this area isn't over yet--an appeal seems almost certain. Meanwhile, as the court noted, without this exemption, employers are more likely to reduce or eliminate health benefits for all retirees, no matter what their age." (Employee Benefits Institute of America Inc.)
House Bill Lets Employers Make Tax-Free Contributions to 529 Plans
Excerpt: "A House bill introduced in late July would let employers make tax-free contributions to 529 college savings plans and Coverdell accounts. Introduced by Rep. Jon Porter, R-Nev., H.R. 3585 was referred to the Ways and Means Committee." (InvestmentNews.com)
Fringe Benefits Gain Ground in Denmark
Excerpt: "The number of employees in Danish commerce and services who opt for fringe benefits in cash or kind instead of increases in basic pay is growing, finds a survey by DHS, the employers' association for the sector. The proportion of employers offering such benefits has risen from 44% to 51% in three years, with another 16% actively contemplating joining them." (Watson Wyatt Worldwide)
ERISA Legal Services Plan Not Limited by Tax Code Definition
Excerpt: "This case reminds us that it is risky to import definitions and concepts from the Code to ERISA without guidance from the DOL or the courts. As this court pointed out, it is generally unwarranted to bypass an undefined ERISA term's straightforward meaning in favor of a strained analysis that relies on definitions of different terms found in the Code." (Employee Benefits Institute of America Inc.)
Employer Ultimately Liable Under COBRA for Failure to Notify Insurance Company
Excerpt: "As plan sponsor and administrator, Harding Tube Corp. was found liable for failure to notify a group insurer about a COBRA election and failure to remit premiums to the insurer." (PLANSPONSOR.com: one-time registration required)
ADP Offers Health Care Cost and Payment Decision Support
Excerpt: "ADP Inc, known for processing payrolls and providing related employer services, announced plans Tuesday to offer online decision-support tools straight to its clients' employees. ADP will team up with Subimo LLC to offer an online cost modeling tool. The tool will be integrated with ADP's ESS (employee self service) application to help employees evaluate health care plan costs based on individual medical needs." (CIO Insight)
Summary: 2005 UK Health Care Survey Results
Excerpt: "[Watson Wyatt's] 2005 UK Healthcare Survey solicited the views of over 250 leading UK employers on two specific areas of interest - namely the provision of private medical benefits to employees as well as the management of employee absence." (Watson Wyatt Worldwide)
Links to Items on Executive Comp, Benefits in General
Immediate Employer Issues in Responding to Hurricane Katrina, Updated 9/29/05
Excerpt: "This article has been updated to reflect actions taken by Congress, federal agencies, and others during the past three weeks. .... This article outlines some of the most urgent HR issues, with a focus on legal and tax considerations affecting employee benefits. It includes frequently asked questions about expense reimbursements, health benefits, death benefits, retirement benefits, compliance deadlines, and laws regulating employment practices." (Mercer Human Resource Consulting; one-time registration required)
A Guide for Hurricane Survivors on Restoring Social Security and Employee Benefits
Excerpt: "WISER has launched a one-stop web page for Hurricane victims and their families who need up-to-date information on Social Security, 401(k)s and other pensions, and health benefits as well as Medicare and Medicaid." (WISER)
Court Finds No Requirement to Recognize Beneficiary's Waiver outside Plan Docs
Excerpt: "We find the court's reasoning consistent with the Egelhoff case and other precedent of the U.S. Supreme Court. In Egelhoff, the Court held that a state law revoking spouse beneficiary designations upon divorce was not applicable to an ERISA plan because it conflicted with 'ERISA's requirements that plans be administered, and benefits be paid, in accordance with plan documents.'" (Employee Benefits Institute of America Inc.)
Overview: Separation Pay Agreements and Nonqualified Deferred Comp Plans Linked to Qualified Plans (PDF)
5 pages. Excerpt: "The third installment of our coverage of the proposed regulations issued by the Internal Revenue Service (IRS) on September 29, 2005, under Section 409A of the Internal Revenue Code of 1986, as amended (the 'Code'), addresses severance plans, referred to in the proposed regulations as 'Separation Pay Arrangements,' and nonqualified deferred compensation plans linked to qualified plans, such as so called 'wrap-401(k) plans.'" (Sherman & Howard L.L.C.)
Materials from the National Coordinating Committee for Multiemployer Plans 2005 Annual Conference
Excerpt: "[The target page lists the] presentations and documents from [the] recent 2005 Annual Conference which [are] available to you in PDF format. [Examples of material posted include: Impact of Knudson Decision on Health Plan Subrogation; Impacts of Health Care Reform: Projections of Costs and Savings; and, Is Your Plan Document the Final Word? A Review of Banuelos v. Construction Laborers Pension Trust for Southern California.]" (National Coordinating Committee for Multiemployer Plans)
Washington Regulatory Wrap Up, As of October 4, 2005 (PDF)
3 pages. The chart of federal regulatory proposals concerning employee benefits of interest to NCTR members has been updated to be current as of October 4, 2005. The federal updates referenced in the chart are available at http://www.nctr.org/federal/index.html." (National Council on Teacher Retirement)
Newly Posted Events
401(k) Plan Expenses: The Cost of Not Knowing, Not Disclosing and Not Being Reasonable Keeps Going Up
in California on April 20, 2006
presented by Western Pension & Benefits Conference - Orange County Chapter
401(k) Plans
in California on December 6, 2005
presented by Employee Benefits Institute of America Inc. (EBIA)
401(k) Plans-The Roth 401(k) Provision and Final Regulations
in Pennsylvania on October 13, 2005
presented by Central Pennsylvania Chapter - ISCEBS
Cafeteria Plans
in California on December 7, 2005
presented by Employee Benefits Institute of America Inc. (EBIA)
COBRA Compliance for Group Health Plans
in California on December 9, 2005
presented by Employee Benefits Institute of America Inc. (EBIA)
Employment & Benefits Update
in Georgia on October 20, 2005
presented by Seyfarth Shaw LLP
ERISA Compliance for Health & Welfare Plans
in California on December 8, 2005
presented by Employee Benefits Institute of America Inc. (EBIA)
HIPAA Portability, Privacy & Security
in California on December 9, 2005
presented by Employee Benefits Institute of America Inc. (EBIA)
HSAs, HRAs, and Consumer-Driven Health Care
in California on December 8, 2005
presented by Employee Benefits Institute of America Inc. (EBIA)
Newly Posted Press Releases
Higher Benefit Costs, New Plan Designs, Highlight Open Enrollment Season
(Watson Wyatt)
PBGC Pays Pensions At Huffy Corporation
(Pension Benefit Guaranty Corporation (PBGC))
PensionOnline Announces New Roth 401k Analysis Tool
(Metrics Partners)
Newly Posted or Renewed Job Openings
Benefits Manager
for Capital Group Companies, Inc.
in TX
Manager, Compliance and Benefits Administration
for Kansas City Based Defined Benefits Plan Administrator
in MO
Compliance Manager
for ABD Insurance and Financial Services
in CA, NV
Senior Management
for ERISA Compliance Consulting Firm & TPA
in CA
Retirement Specialist
for ProNvest
in GA
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