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October 25, 2005
Today's sponsor: World Congress

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The World Congress 1st Annual Human Capital Management Congress

The World Congress is proud to present the 1st Annual Human Capital Management Congress taking place this October 31 - November 2, 2005 at the Omni Shoreham Hotel in Washington, DC.
HDHPs Say Goodbye to Rx Copays Dec. 31; End of Exemption May Spawn Consumerism
Excerpt: "In just five months, non-preventive pharmacy benefits will be subject to deductibles for all health savings account (HSA)-qualified high-deductible health plans (HDHPs). Some industry observers tell ICDC that the end of the two-year 'pharma.ceutical transition rule' will likely spawn a population of more cost-conscious health care consumers and lead to better drug comparison tools." (INSIDE CONSUMER-DIRECTED CARE via AISHealth.com)

Wall Street Journal Examines UnitedHealth Group's Move to Consumer-Driven Insurance Plans
Excerpt: "The Wall Street Journal on [October 24] examined Minnesota-based UnitedHealth Group's move to 'so-called consumer-driven health care' in the face of 'steadily eroding business' as a traditional health insurer." (Kaiser Family Foundation)

Overview: Fourth Consecutive Year of Decline in Employer-Provided Insurance Coverage
Excerpt: "The percent of people with employer-provided health insurance also fell for the fourth year in a row. Nearly 3.7 million fewer people had employer-provided insurance in 2004 than in 2000. However, that decline in the number of people with employer-provided insurance does not take into account population growth." (The Economic Policy Institute)


The HCMC will bring together the most innovative and knowledgeable industry experts addressing the most pertinent issues relating to health and human capital management. The event is uniquely designed to discuss the impact of benefits on employee productivity, healthcare costs and overall company competitiveness.

(Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor)

EEOC Posts Q&As about the Association Provision of the ADA
The answers are current as of October 17, 2005, when the provision was last modified. (Employee Benefits Institute of America Inc.)

Compliance Investigations Are More Complex, Focusing on Systems and Incidents
Excerpt: "Compliance investigations are increasingly focused on systems within health care organizations, not just specific alleged violations, requiring almost an internal auditor's proficiency at detecting and responding to trends." (REPORT ON MEDICARE COMPLIANCE via AISHealth.com)

Generic Drugs Could Have Saved Us $20B
Excerpt: "Consumers, their employers and health plans in the commercial market could have saved more than $20 billion last year through increased use of generic drugs, according to a new report by Express Scripts Inc., a pharmacy benefit manager." (AP via The New York Times; one-time registration required)

Wall Street Journal Examines Employee Health Programs at Dow Chemical
Excerpt: "The Wall Street Journal on Monday examined efforts at Dow Chemical to reduce health care costs by encouraging healthy habits among employees. .... Dow has launched several initiatives to improve the health of its employees and dependents in an effort to reduce health care costs by as much as $100 million over the next 10 years." (Kaiser Family Foundation)


Links to Items on Executive Comp, Benefits in General

ERISA Standards of Review and the Administrator's Conflict of Interest (PDF)
Pages 20-23 of 64. Excerpt: "The Tenth Circuit Court of Appeals recently provided helpful guidance for district courts evaluating claims of wrongful denial of employee benefits under ERISA. In particular, the court clarified the standard of review to be applied where the plan administrator of the employee benefit plan had a potential conflict of interest at the time the benefits were denied." (Utah Bar Journal)

A Continued Discussion of Section 409A Regulations
Excerpt: "There are six permitted section 409A distribution events ...: Separation from service (a 'specified employee' of a public company may not receive distributions until at least six months after separation); A fixed time, or pursuant to a fixed schedule, specified under the plan; Death; Disability; Change in control of a corporation (change in control of a partnership is subject to analogous rules); and, Unforeseeable emergency." (Deloitte's Washington Bulletin via BenefitsLink.com)

Overview: Deferred Compensation Proposed Regulation under Internal Revenue Code #167;409A
Excerpt: "The American Jobs Creation Act of 2004 substantially overhauled many of the rules governing deferred compensation arrangements by establishing #167;409A of the Internal Revenue Code ('#167;409A'). In addition to regulating more traditional deferred compensation plans, the new rules cover many arrangements that were not previously thought of as deferred compensation (e.g., severance arrangements, discounted stock options and stock appreciation rights)." (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.)

Proposed Section 409A Regulation: What is Nonqualified Deferred Compensation under Section 409A? (PDF)
10 pages. Excerpt: "This Alert focuses on the provisions of the ProposedRegulations that relate to the definition of 'nonqualified deferred compensation plan' and the determination of which arrangements are subject to Section 409A." (Kirkpatrick & Lockhart Nicholson Graham LLP)


Newly Posted Events

Code Section 409A Workshop
in Massachusetts on November 30, 2005
presented by SunGard Corbel

Code Section 409A Workshop
in Washington on November 30, 2005
presented by SunGard Corbel

Code Section 409A Workshop
in New York on December 1, 2005
presented by SunGard Corbel

Code Section 409A Workshop
in California on December 1, 2005
presented by SunGard Corbel

Legislative Overview and Update
in District of Columbia on November 3, 2005
presented by Capital Chapter ISCEBS

Ready for Roth?
in Georgia on December 6, 2005
presented by SunGard Corbel

Retirement Plans: What Every Employer Must Know
in Minnesota on November 30, 2005
presented by SunGard Corbel

Retirement Plans: What Every Employer Must Know
in Texas on December 1, 2005
presented by SunGard Corbel

Women Alone: Managing the Risks of Retirement
in District of Columbia on October 27, 2005
presented by Women's Institute for a Secure Retirement (WISER)


Newly Posted Press Releases

IRS Seeks Applications for TE/GE Advisory Committee
(Internal Revenue Service (IRS))

Saving in America: Three Key Sets of Figures
(Employee Benefit Research Institute (EBRI))

Council Urges Focus On Shared Pension Funding Goals, Questions Assumptions Used By PBGC And CBO
(American Benefits Council)

Survey Shows Nearly All Employers Make an Effort to Accommodate Seriously Ill Employees
(International Foundation of Employee Benefit Plans)

Pittsburgh Business Group on Health Tackles Diabetes Care
(Pittsburgh Business Group on Health)


Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

401(k) Client Relationship Manager
for The Douglas Group
in CA, CO, NJ, NY, PA

Pension Administrator
for R.J.L. Pension Services, Inc.
in FL

Life & Health Sales Representative
for Great-West Healthcare
in MI, OH

Benefits Consultant
for Carilion Health System
in VA

Compliance Testing Consultant
for Diversified Investment Advisors
in NY

Defined Contribution Administrative Assistant
for BFP Associates
in MA

Senior Plan Administrator
for The Allocation Company, Inc.
in TX

Retirement Services District Manager
for ADP Retirement Services - Automatic Data Processing
in AZ, CA, CT, FL, IN, MI, NC, NJ, NV, NY, SC, TN, TX




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