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October 28, 2005
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Wal-Mart Memo May Raise Litigation Risk
Excerpt: "Lawyers for employers and employees agree: A leaked Wal-Mart memo proposing ways to cut healthcare costs could mean big legal trouble for the world's largest retailer. Even if the company accepts none of the questionable suggestions it contains, the memo will furnish plaintiffs' attorneys with evidence to argue that Wal-Mart Stores Inc. discriminates against some workers, said Jeffrey Winikow, a Century City employee-rights lawyer. 'The memo is a cesspool of legal violations.'" (Los Angeles Times; one-time registration required)

Human Behavior: The Other Side of Controlling Drug Costs (PDF)
3 pages. Excerpt: "Understanding how human psychology and health psychology impact compliance with medication regimens and drug-related costs can control expenses and attain the best possible outcomes for patients." (International Foundation of Employee Benefit Plans)

Your Boss Wants You Slim, Healthy and Ready to Keep Medical Costs Down
Excerpt: "Union Pacific is hardly alone in wanting to keep manageable problems from turning into big medical expenses. Indeed, companies both large and small are preaching the virtues of prevention to keep employees healthy and more productive." (Healthology, Inc. via ABC News)

Michigan State Senator Proposes Requiring Insurance Rebates for Healthy Lifestyles
Excerpt: "Insurance companies, HMOs and nonprofit health care corporations in Michigan would be required to offer premium rebates as awards for healthy behavior under new legislation proposed Thursday by state Sen. Tom George, R-Portage." (crainsdetroit.com)

Short-Term Transfers Often Create Problems for Families Left Behind
Excerpt: "Most employers pay a per diem for expenses, and about one-third give incentive payments, one industry survey shows. But relocation experts advise families to consider asking for other benefits, such as a stipend to cover additional household expenses like lawn maintenance or child care; cross-cultural training for the family so they can understand what the transferee is experiencing; frequent home visits; and, perhaps, a visitation overseas for the family." (The Wall Street Journal Online)

Reps. Johnson and Deal Introduce Health Information Technology Bill Governing Privacy, IT Donations
Excerpt: "House Ways and Means Health Subcommittee Chair Nancy Johnson (R-Conn.) and Commerce Health Subcommittee Chair Nathan Deal (R-Ga.) [yesterday] introduced a bill (HR 4157) that would allow HHS to develop national medical privacy standards and ease restrictions on the donation of information technology equipment to doctors, ...." (Kaiser Family Foundation)

Editorial: Inside Wal-Mart, a Larger Debate on the Big Issues
Excerpt: "An article in The Times on Wednesday described an internal memo sent to [Wal-Mart's] board about plans to hold down the cost of benefits.The 26-page memo [at http://www.nytimes.com/packages/pdf/business/26walmart.pdf] is required reading for all legislators, business people and advocates for change in the country's health and retirement systems." (The New York Times; one-time registration required)

J.C. Penney, Josten's to Cut Back Retiree Benefits Once New Medicare Drug Benefit Takes Effect
Excerpt: "Retailer J.C. Penney and Josten's, which distributes school yearbooks and class rings, recently notified retirees that they will discontinue some or all of their health benefits when the new Medicare pres.cription drug plan takes effect Jan. 1, 2006, the Fresno Bee reports." (Kaiser Family Foundation)

Exploring Consumer-Directed Health Care (HDHP/HSAs) Opportunities for Employers and Employees
Excerpt: "As employers struggle to rein in health care premium costs for employees and retirees, an increasing number are exploring high-deductible health plans (HDHPs), Health Savings Accounts (HSAs) and Health Reimbursement Arrangements (HRAs). Here's a guide to understanding the basic provisions, asking the right questions, thinking through the employee communication challenges, and making wise decisions. Because HSAs are a new vehicle, this report concentrates more attention on them." (The Council of Insurance Agents & Brokers)

Site Tells Workers Where to Go for Flu Vaccine
Excerpt: "To help employers shorten influenza's reach among their staff, an Internet search engine has launched a new channel with up-to-date information on the virus. Created by Healthline, FluCentral (http://www.healthline.com/flucentral.jsp) provides a nationwide flu-shot locator where consumers can search for dates, times and locations of vaccinations near them." (BenefitNews Connect)


Links to Items on Executive Comp, Benefits in General

IRS Fact Sheet Provides Summary of Announcement on Settlement Initiative for Abusive Transactions (PDF)
Excerpt: "The [IRS] today announced a settlement initiative for taxpayers to resolve their tax disputes with the IRS over certain abusive tax avoidance transactions. The initiative is open until January 23, 2006. The settlement program, described in Announcement 2005-80, provides a onetime opportunity for taxpayers voluntarily to come forward and resolve their civil tax disputes over sixteen listed and five other potentially abusive transactions.' With hypertext links added by BenefitsLink. (Internal Revenue Service)

Federal Judge Imposes $100 Daily Fine on Employer for Not Producing Plan Documentation
Excerpt: "US Judge Michael Baylson of the US District Court for the Eastern District of Pennsylvania ordered Rohm and Haas Co. to pay to participant Gerald Kollman $9,800 in statutory penalties under the Employee Retirement Income Security Act (ERISA). Baylson imposed the fine because of what he said was Rohm and Haas's 98-day delay in providing Kollman with information about the calculation of his benefits." (PLANSPONSOR.com: one-time registration required)

A Discussion of Domestic Partnership Benefits
Excerpt: "Despite the fact that an estimated mere 10% of American families are made up of a working husband, a stay-at-home wife, and children, our legal and social systems still provide benefits and protections based on that model. Having been left out, les.bian and g.ay activists in the early 1980s sought recognition of their relationships and new definitions of family. And so domestic partnerships were born." (G.ay.com)

Perspective: U.S. Compensation Planning 2006: Caution Gives Way to Optimism
Excerpt: "In this Perspective, [Mercer examines] the emerging trends and changing approaches in reward program design, especially the ways companies are developing or refining compensation strategy to drive business performance. [They] conclude with a number of recommended design strategies for 2006." (Mercer Human Resource Consulting; one-time registration required)

Navigating the Proposed 409A Regulations -- General Rules (PDF)
26 pages. Excerpt: "The purpose of this alert is to highlight for employers what the proposed regulations clarified and their impact. [Gardner Carton & Douglas hopes] the attached [table] assists ... clients and friends in identifying the key areas of their nonqualified deferred compensation plans that will be affected by the proposed regulations once finalized. Note that until the regulations are finalized, they do not have the full force and effect of law." (Gardner Carton & Douglas LLP)

Overview: Application of the Proposed 409A Regulations to Equity Compensation Arrangements (PDF)
10 pages. Excerpt: "On September 29, 2005, the Department of Treasury released proposed regulations pertaining to Code Section 409A. In general, the proposed regulations incorporate the guidance provided in IRS Notice 2005-1 and provide substantial additional guidance. This alert solely focuses on the issues raised under the proposed regulations as they specifically relate to equity compensation arrangements." (Gardner Carton & Douglas LLP)


Newly Posted Press Releases

IRS Settlement Initiative
(Internal Revenue Service (IRS))

IRS Launches Abusive Transaction Settlement Initiative
(Internal Revenue Service (IRS))

Banks Choose Fast Track to Profit from Consumer-Directed Healthcare; ConnectYourCare's HSA Private Label Express(SM) Puts Banks in Control of Healthcare Offerings
(ConnectYourCare)

New Report by FAME Explores HSA Features, Concerns
(Council of Insurance Agents & Brokers)


Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

Sr. Brokerage Administrator
for American United Life
in IN

External Insurance Wholesaler
for Great-West Retirement Services
in TN

ERISA Compliance Officer
for City National Bank
in CA

Compliance Analyst
for Transamerica
in CA




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