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May 17, 2006
Today's sponsor: www.ftwilliam.com

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

Health Savings Accounts -- Mistaken Distribution Reporting
Excerpt: "Recently, the IRS answered questions concerning mistaken distributions in its 2006 Instructions for Forms 1099-SA and 5498-SA. This article will review mistaken HSA distributions and the related IRS reporting instructions." (Wolters Kluwer Financial Services)

Health Care Education Lacking at Work, According to Survey
Excerpt: "While most employers believe their employees can learn to become better health care consumers, few actually provide their workers the educational resources necessary to teach them, a new survey has found." (Business Insurance)

Court Rules FMLA and Sick Leaves Can Be Concurrent
Excerpt: "An employer is permitted to run a worker's sick leave concurrently with time off provided under the Family and Medical Leave Act, the 8th U.S. Circuit Court of Appeals ruled 2-1 [May 12, 2006]." (Business Insurance)

Overview: COBRA and the Medicare Part D Retiree Drug Subsidy
Excerpt: "According to CMS, whether a plan can receive the subsidy for an individual on COBRA depends on whether the employee continues to have 'current employment status' (under the Medicare Secondary Payer law) after the COBRA qualifying event." (The Segal Company)

More Insurers Reimburse Doctors for Online Care
Excerpt: "A growing number of health insurers are starting to pay doctors for the time they spend dealing with patients' medical problems via the Internet." (Orlando Sentinel)

Overview: Supreme Court Affirms Fourth Circuit in Sereboff
Excerpt: "The Supreme Court Monday held that plan fiduciaries under ERISA may bring a civil action under Section 502(a)(3) of the act to obtain 'appropriate equitable relief' to recover money that plan participants received from another source. [A link to the 14-page Supreme Court Sereboff Decision is on the target page at: http://www.eric.org/forms/uploadFiles/70F50000002A.filename.Sereboff_Decision.pdf.]" (The ERISA Industry Committee)

Overview: CMS Describes Payment Process for Medicare Part D Retiree Drug Subsidy
Excerpt: "The Centers for Medicare & Medicaid Services (CMS) recently announced the online process for requesting Retiree Drug Subsidy (RDS) payments through the RDS Center. The RDS payment process is divided into three parts: Payment setup, Cost reporting, and Payment request." (The Segal Company)

High HMO Deductibles: New Massachusetts Health Care Law Expected to Broaden Insurance Options
Excerpt: "The law makes it easier for health insurance companies to create HMO plans with high deductibles, if they are offered in conjunction with the kind of health savings accounts being promoted by the Bush administration." (The Boston Globe)

Show Me State to Allow Association Health Insurance Plans
Excerpt: "Members of the Missouri House and the Missouri Senate have approved a single-state association health plan bill by unanimous votes. Gov. Matt Blunt, a Republican, has praised lawmakers for passing the bill, H.B. 1827. If Blunt signs the bill, Missouri employers with 25 or fewer employees will be able to join small business health coverage purchasing pools." (National Underwriter Life & Health; free one-time registration or paid subscription required)


Links to Items on Executive Comp, Benefits in General

House Accepts Motion to Restrict Executive Pension Increases When Plans Are Underfunded
Excerpt: "The House has approved a motion, offered by Rep. George Miller (D-CA), designed to extend to corporate executives the same restrictions on benefit increases from underfunded plans that would apply to rank-and-file employees. The motion was passed by the House on May 3, 2006, by a 299 to 125 vote." (CCH Pension & Benefits)

Tenth Circuit Withdraws Decision Requiring Disclosure of Selection Criteria Under OWBPA (PDF)
1 page. Excerpt: "On May 2, 2006, the Tenth Circuit withdrew its 2005 decision and issued a new one. The new decision still holds that Weyerhaeuser violated the OWBPA, and thus failed to obtain valid ADEA waivers, because it provided job titles and ages for the wrong 'decisional unit.' However, because the court withdrew its earlier decision, no federal appellate authority requires disclosure of RIF selection criteria." (Seyfarth Shaw LLP)

Small Firm Employees Getting More Big Company Benefits Services, According to Survey
Excerpt: "More than ever before, employees at smaller companies have access to benefits tools and services that previously had been seen only in larger firms, a new survey found." (PLANSPONSOR.com: one-time registration required)

Court Rules Benefits Plan Can Recover Overpayments
Excerpt: "An error that results in a overpayment of benefits to a plan participant does not prevent the plan sponsor from recovering the amount overpaid, the US District Court for the Eastern District of Pennsylvania said, rejecting a widow's claim that she did not have to pay back $60,000 because the payment was not her fault." (PLANSPONSOR.com: one-time registration required)


Newly Posted Events
(Post Yours!)

Code Section 409A Workshop
in Kansas on June 14, 2006
presented by SunGard Corbel

Code Section 409A Workshop
in North Carolina on June 15, 2006
presented by SunGard Corbel

Code Section 409A Workshop
in Georgia on June 16, 2006
presented by SunGard Corbel

Code Section 409A Workshop
in Texas on June 21, 2006
presented by SunGard Corbel

Estate Planning Considerations for Qualified Plans and IRAs
in Texas on June 22, 2006
presented by SunGard Corbel

Estate Planning Considerations for Qualified Plans and IRAs
in Arizona on June 23, 2006
presented by SunGard Corbel

New! Fundamentals of 401(k) and Other Qualified Plans
in Georgia on June 21, 2006
presented by SunGard Corbel

New! Fundamentals of 401(k) and Other Qualified Plans
in North Carolina on July 12, 2006
presented by SunGard Corbel

New! Fundamentals of 401(k) and Other Qualified Plans
in Minnesota on July 12, 2006
presented by SunGard Corbel


Newly Posted Press Releases
(Post Yours!)

Reforms to U.S. Pension Funding and Accounting Rules: Their Potential Effect on Equity Values and Interest Rates
(U.S. Department of Treasury)

Most Workers Content with Compensation Package, Yet Many Yearn for Flexible Schedules
(Hudson)

CPI Qualified Plan Consultants Adds Gartmore Funds to Retirement Platform
(CPI Qualified Plan Consultants, Inc.)


Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

Senior Plan Administrator
for WESPAC
in CA

Call Center Representative
for The Newport Group, Inc. (Charlotte, NC location)
in NC

Defined Contribution Retirement Plan Administrator
for Loren D. Stark Company, Inc.
in TX

Manager, Pension Products Operations
for TIAA-CREF
in CO, NC

Enrolled Actuary P/T or F/T
for Forest Hills Pension Services
in NY




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