| BenefitsLink Health & Welfare Plans Newsletter |   |
April 10, 2007
Sponsored by: International Foundation of Employee Benefit Plans
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| The International Foundation of Employee Benefit Plans is a comprehensive resource for those working with benefit plans. Members enjoy personalized secondary research services, informative publications and online information, as well as discounted educational programs, books and distance learning options. Known as the cosponsor of the CEBS designation, the International Foundation also offers numerous ways to keep current with benefit issues, so you are prepared to answer your participants’ questions. |
A Guide to Learning About Group LTD Policy Provisions (PDF)
98 pages. Excerpt: "Although designed primarily for employees participating in employer sponsored plans, this manual also provides information and insight to attorneys as well as employers. Many of the eligibility issues associated with group LTD policies are often overlooked in ERISA cases. Employers will also find this book useful as a reference when your group LTD policy is revisited during your annual employee enrollment period." (Disability Claims Solutions via Health Administration Responsibility Project)
'Reverse Preemption' Rejected: The Emergence of RICO Claims In Lieu Of ERISA Claims
Excerpt: "Which is more damaging to a wayward defendant - an ERISA claim (no extra-contractual damages) or a RICO claim? Consider that RICO provides for treble damages, costs and attorneys' fees. Weiss has been called a 'major setback for insurers'. Though victorious in its preemption defense, the carrier now faces prospect of the RICO hammer if it loses to Weiss. Little more need be said to emphasize the importance of this case." (Health Plan Law blog by Attorney Roy F. Harmon III)
The Cost of Unhealthy Behavior
Excerpt: "[The target page provides some of the key points of] an interview of Dr Steven Aldana conducted by WELCOA president Dr David Hunnicut. [The full interview is at http://www.welcoa.org/freeresources/pdf/costs_of_unhealthy_behaviors.pdf?PHPSESSID=a30964bbd72d6ba38480622a5ba7eb93.]" (Dan Buckle via The Group Guy)
Firms Will Pay Cost of Employees' Diabetes Drugs, Consultations
Excerpt: "After years of raising co-payments and deductibles for prescription pharma.ceuticals, some employers are taking an unorthodox approach to lowering health-care costs in an experimental program by -- get this -- paying for diabetes drugs and consultations." (Chicago Tribune; free registration required)
Employee Confusion About Consumer-Driven Health Care Stunts Growth of Plans
Excerpt: "from Spencer's Benefits Reports: Although industry surveys indicate that employers anticipate strong growth in consumer-driven health plans (CDHPs), low selection rates remain a significant stumbling block among employees offered such plans as one option among many, according to a report released on March 29 by The Conference Board." (Wolters Kluwer Law & Business)
Virginia Law Extends Health Coverage for Students
Excerpt: "Legislation signed by Virginia Gov. Tim Kaine will require group health insurance policies sold by commercial insurers to continue coverage for up to one year for dependent children under age 25 who can't continue as full-time students because of a medical condition." (Workforce Management; free registration required)
Workplace Benefit Intranets Must Be User-Friendly
Excerpt: "[S]ome benefits experts contend employers need to embrace . . . Web-based tools, if they intend to change their workers' behavior toward health care and retirement savings." (BenefitNews Connect)
Massachusetts to Require State Health Plans to Offer Drug Coverage
Excerpt: "Massachusetts officials late last month gave preliminary approval to a requirement that all state health plans offer prescription drug coverage starting in 2009 -- the first such mandate in the country." (Drug Benefit News via AISHealth.com)
Disputed Release: Too Broad or Too Broadly Construed?
Excerpt: "The Court stated that, since the 'Plan is an entity created and administered by Austin's former employer, we conclude that the agreement's broad release clause clearly bars Austin's ERISA action.'" (Health Plan Law blog by Attorney Roy F. Harmon III)
Sponsored by: World Congress
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| The 4th Annual World Health Care Congress |
| April 22 - 24, 2007 | Washington Convention Center | Washington, DC
The 4th Annual World Health Care Congress, co-sponsored by The Wall Street Journal, is the most prestigious meeting of chief and senior executives from all sectors of health care. The conference will convene over 1,800 CEOs, senior executives and government officials from the nation's largest employers, hospitals, health systems, health plans, pharmaceutical and biotech companies, and leading government agencies. Join other senior executives in creating a new healthcare model based on value, quality and consumer choice. www.whcc2007.com – 800-817-8601 – wcreg@worldcongress.com |
| (Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor) |
Links to Items on Executive Comp, Benefits in General
Text of Final Regs: Application of Section 409A to Nonqualified Deferred Compensation Plans (PDF)
Three hundred and ninety seven (397) pages; effective April 17, 2007 (have a good week!). (A shorter, typeset version from the Federal Register appears at https://benefitslink.com/taxregs/07-1820.pdf.) The first 186 pages are a helpful preamble explaining differences in the final regulations from the 2005 proposed regulations. (Internal Revenue Service)
Text of IRS Notice 2007-34: Application of Section 409A to Split-Dollar Life Insurance Arrangements (PDF)
8 pages. Excerpt: "This notice also provides that certain modifications of split-dollar life insurance arrangements necessary to comply with, or avoid application of, section 409A will not be treated as a material modification for purposes of § 1.61-22(j) of the Income Tax Regulations." (Internal Revenue Service)
In No-Fault Insurer and Plan Dispute, SPD Provision that Conflicts with Plan Document Controls
Excerpt: "EBIA Comment: This case allows us to emphasize, once again, the importance of an accurate and complete SPD. More importantly, though, this is apparently the first reported case in which the rule that an SPD's terms will be enforced when they conflict with the terms of a plan document is applied to a dispute between a plan and an insurer." (Employee Benefits Institute of America Inc.)
ERISA Plan Benefit Waiver: Judicial Interpretation of Complex Statute May Hinder Statute's Purpose (PDF)
31 pages. Excerpt: "At issue is 'whether administrators of an ERISA plan are required to recognize a beneficiary's waiver of his or her benefits.' The issue has been addressed in numerous federal appellate decisions over the last fifteen years." (University of Pennsylvania Law Review)
Milliman's Monthly Benefit News and Developments, April 2007 (PDF)
2 pages. The newsletter provides a summary of the previous month's legislative, regulatory, and judicial information on employee benefits. (Milliman)
Newly Posted Events
The American's with Disabilities Act: Legal Update and What Employers Need to Know Free and open to the public
Nationwide on April 24, 2007
presented by Davidson Marketing Group -- FutureOffice Network
The Economics of Healthcare: Boom or Bust for Our Region?
in Ohio on April 19, 2007
presented by Worldwide Employee Benefits Network (WEB) - Cleveland Chapter
Newly Posted Press Releases
Stock Market Rise, Higher Rates Contributed to Improved Funding Status of U.S. Pension Plans in March, According to Mellon Financial
Mellon Financial Corporation
Treasury, IRS Issue Final Regulations on Nonqualified Deferred Compensation
U.S. Treasury Department and Internal Revenue Service
Newly Posted or Renewed Job Openings
401k Plan Administrator/Trust Officer
for City National Bank
in CA
Benefits Coordinator (Sr. Human Resources Representative)
for CAE USA Inc.
in FL
Retirement Services Sales Consultant
for Administaff
in TX
Director, Compensation & Benefits
for Novartis Vaccines and Diagnostics
in MA
Actuary/Defined Benefit Analyst
for Findley Davies, Inc.
in NC, OH
Sr. EB Recordkeeper/Tester
for Wachovia
in NC
EB Recordkeeper/Tester
for Wachovia
in NC
System Migration Specialist
for Milliman, Inc.
in TX
Handy Links:
- View Today's Active Message Threads
- Using the Web for Employee Benefits Research (hypertext article)
- Employee Benefits Library
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