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August 23, 2006
Today's sponsor: Employee Benefits Institute of America Inc. (EBIA)

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Record Retention Requirements for Health & Welfare Plans

This new softcover book is now available! In Record Retention Requirements for Health & Welfare Plans, EBIA's experts analyze record retention requirements for ERISA health and welfare plans as well as other employer-provided health and welfare benefits not subject to ERISA. You'll find answers to your record retention questions for many benefits including cafeteria plans, DCAPs, qualified transportation plans, educational assistance programs, HSAs, group health plans (like major medical, dental, health FSAs, and HRAs), and other ERISA benefits (like severance, disability, and life insurance).

If you are looking for a trusted resource to help you shape your record retention program, your wait is over. Record Retention Requirements for Health & Welfare Plans is available now at the introductory price of $195. Please enter priority code BL195. For more information and to order, visit

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

Workplaces Quit Quietly Ignoring Mental Illness
Excerpt: "Despite its stigma, a growing number of employers and employees are addressing a topic that has long been taboo: mental illness in the workplace. Employees' emotional health, a topic that once seemed incongruous with the survival-of-the-fittest corporate arena, is getting attention as a real bottom-line issue. Employers are beefing up mental health services as new research shows the staggering cost of mood disorders . . . can have on businesses." (USA TODAY)

Aetna Posts Physician Price and Performance Data Online
Excerpt: "The data . . . became available to about 2.3 million Aetna members nationwide. The Web site includes performance data for physicians in 12 specialties: cardiology, gastroenterology, cardiothoracic surgery, general surgery, obstetrics and gynecology, neurology, neurosurgery, orthopedics, otolaryngology, plastic surgery, vascular surgery and urology." (California HealthCare Foundation)

Commentary: Claims Arising Out of Disputed Medical Evaluation Not Preempted by ERISA
Excerpt: "There are now companies that help the insurance carriers select physicians, set-up evaluations, and process the paperwork. In Hall v. MLS National Medical Evaluations, Inc., 2006 WL 2367139 (E.D. Ky. Aug. 15, 2006), the actions of one such company have come under fierce attack." (erisa on the web; posted by John Wood)

Preventive Care for Medical Databases
Excerpt: "The Food and Drug Administration and the Massachusetts Institute of Technology have agreed to develop an automated system to detect unanticipated problems with prescription drugs and medical devices." (The Washington Post; one-time registration required)

Anti-Cancer Program Aids Workers and Company Budgets
Excerpt: "Through the CEOs Against Cancer program, American Cancer Society representatives help corporate leaders implement society cancer prevention programs in their workplaces and programs that aid in early diagnosis and consequently more effective treatment of cancer." (Chicago Sun-Times)

AK Steel Withdraws Federal Lawsuit Against Union and Retirees
Excerpt: "The suit against the Armco Employees Independent Federation, which has since affiliated with the International Association of Machinists and Aeronautical Workers, the local union's officers and the nine retirees, which was filed in U.S. District Court in Dayton was voluntarily dismissed by AK Steel." (Middletown Journal)

Links to Items on Executive Comp, Benefits in General

Overview: SEC's Final Rules Changing Form 8-K Reporting of Executive Compensation Matters (PDF)
4 pages. Excerpt: "[I]ncluded in [the SEC's] final rules are significant changes to the requirements for disclosing new and modified executive and director compensation plans and arrangements under the Form 8-K reporting regime. This Alert focuses on those changes and addresses both technical and practical compliance issues with the new rules." (Kirkpatrick & Lockhart Nicholson Graham LLP)

Highlights of the SEC's New Executive Compensation Rules (PDF)
12 pages. Excerpt: "This Client Memorandum summarizes the effects of the new rules on domestic public companies that do not qualify for the SEC's small business reporting scheme and highlights some of the major differences between the final rules adopted by the SEC and the Proposed Rules. The new rules generally require less detailed disclosure by small business issuers." (Gardner Carton & Douglas LLP)

Overview: New SEC Rules Revise Form 8-K Disclosure of Executive Compensation Arrangements (PDF)
2 pages. Excerpt: "The new rules eliminate employment compensation arrangements from the scope of Item 1.01 and expand Item 5.02 to cover only those compensatory arrangements with executive officers and directors that are 'unquestionably or presumptively material.' The revised filings under Item 5.02 must still be disclosed within four business days of the triggering event." (Frederic W. Cook & Co., Inc.)

Overview: EEOC Proposed Rule Affirms No ADEA Claims for Reverse Age Discrimination
Excerpt: "Proposed rules that codify the Supreme Court's ruling barring claims based on reverse age discrimination are open for comment and expected to receive significant support from employers. . . . (August 11, 2006). The Equal Employment Opportunity Commission's (EEOC) proposals would amend rules under the Age Discrimination in Employment Act ('ADEA') to reflect a Supreme Court decision in General Dynamics Land Systems, Inc. v. Cline . . . ." (Deloitte via

Newly Posted Events
(Post Yours!)

In-Person COBRA Seminars - Locations throughout the country
Nationwide on August 23, 2006
presented by

Pension Protection Act of 2006 Part II: Defined Contribution Issues
Nationwide on September 21, 2006
presented by ABA Joint Committee on Employee Benefits

Newly Posted Press Releases
(Post Yours!)

Strategic Merger Creates CBSA PERFORMAX

NCOA Steps Up Effort to Enroll People in Extra Help
(National Council on Aging (NCOA))

Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

Compliance Manager
for Associated Pension Consultants
in CA

Associate Plan Administrator
for RSM McGladrey Retirement Resources
in IA

Senior Plan Administrator
for RSM McGladrey Retirement Resources
in IA

401k TPA Account Executive
for Thesco Retirement Planning Services LLC - TPA
in NJ, NY

Manager - Compliance Team
for Louis Kravitz & Associates
in CA

Plan Administrator
for RSM McGladrey Retirement Resources
in NC

Global Benefits Analyst
for Towers Perrin
in CT

401(k) Recordkeeper
for USI
in NJ

Retirement Plans - Writer
for Diversified Investment Advisors
in NY

Manager, Client Services
for Princeton Retirement Group - Merrill Lynch
in GA

Pension Administrator
for CH Dean, Inc.
in OH

Operations Specialist
for The Newport Group
in FL

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