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July 17, 2007
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More Than 200,000 Miss Massachusetts Health Insurance July 1 Deadline
Excerpt: "More than 155,000 previously uninsured residents signed up by July 1, the bulk of those in the CommonwealthCare plans, which are subsidized, the Commonwealth Health Insurance Connector Authority announced last week. About 15,000 enrolled in private, nonsubsidized plans through CommonwealthChoice." (The Boston Herald)

Employer Charges Unhealthy Employees for Unhealthy Behavior
Excerpt: "Making it loud and clear the company wields sticks rather than carrots, Indianapolis-based Clarian Health recently announced the implementation of a penalty program, beginning in 2009, to punish workers who engage in unhealthy habits." (Employee Benefit News; free registration required)

Just a Few Extra Dollars Can Do Much to Control Cancer Claims
Excerpt: "An actuarial study of 2006 costs commissioned by C-Change and the American Cancer Society reveals that a comprehensive employee wellness program that screens for breast, cervical and colorectal cancer in all at-risk employees could be funded at little to no cost." (Employee Benefit News; free registration required)

PAS 2007: A Fresh Approach to Tackling Childhood Obesity, and More
Excerpt: "The combined meetings of the Pediatric Academic Societies (PAS), Endocrine, and APHSO focused on growing problems in pediatric health. By far the most represented subject was childhood obesity and its sequellae . . . . The national obesity epidemic featured prominently every day of the conference. . . . As several presentations noted, obesity in the Unites States affects 33.5% of the population. By 2025, the projected prevalence of obesity in adults will be greater than 70% . . . ." (Medscape)

Overview: EEOC Age Rule Becomes Effective
Excerpt: "The EEOC initially proposed these changes in 2006 and, after receiving public comments on its proposal, unanimously voted to approve the revisions so the rule became effective this month." (Human Resource Executive Online; free registration required)

Overview: EEOC Amends ADEA Regulations to Reflect General Dynamics v. Cline
Excerpt: "On July 6, 2007, the Equal Employment Opportunity Commission (EEOC) issued a final rule that amends the regulations interpreting the Age Discrimination in Employment Act (ADEA)." (Hewitt Associates)

Overview: EEOC Changes ADEA Regulations to Reflect Supreme Court's 'Reverse Discrimination' Decision
Excerpt: "EBIA Comment: Although the EEOC's final regulations are effective July 6, 2007, they are essentially 'housekeeping' changes, as the Supreme Court's decision has been the law since it was issued. Note that to the extent state, municipal, or local employment discrimination laws prohibit practices that are lawful under federal law, the direct application of those laws to ERISA plans should be preempted by ERISA." (Employee Benefits Institute of America Inc.)

Federal Court to Hear Lawsuit on Employer Right to Determine Employee Benefits
Excerpt: "The Golden Gate Restaurant Association (GGRA) has asked U.S. District Judge Jeffrey White to overturn the plan's requirement for employer contributions on the ground that it conflicts with federal law protecting employer right to determine the level and administration of benefits." (San Francisco Sentinel)

Overview: Decision Restated That FMLA Rights May Not Be Waived Without Court or DOL Approval (PDF)
2 pages. Excerpt: "On July 3, 2007, the Fourth Circuit Court of Appeals issued a divided opinion, reinstating a 2005 ruling, which the Court had vacated in 2006 in order to hear further arguments from the employer and the United States Department of Labor (DOL)." (Seyfarth Shaw LLP)

Overview: DOL Report on FMLA Request for Information
Excerpt: "Hewitt has created this FMLA Web page to report on any forthcoming regulations and to provide our analysis of FMLA events as they unfold." (Hewitt Associates)

Employers Take Tighter Rein on Relocation Costs
Excerpt: "Relocation specialists battling rising property inventories and flattening home prices are creating measures to keep costs in check and shield themselves from shifts in an uncertain real estate market." (Workforce Management; free registration required)

Massachusetts Public Employees' 'Volunteer Days' Program Pads Healthy Perks
Excerpt: "A much-hyped program that gives state workers up to a dozen paid days off per year to 'volunteer' in a wide variety of community activities gives another perk to employees who already have one of the most generous benefit packages in the country." (The Boston Herald)

Opinion: Claim Uninsured Can Get All the Care They Need in Emergency Rooms Is Just the Beginning
Excerpt: "Being without health insurance is no big deal. Just ask President Bush. 'I mean, people have access to health care in America,' he said last week. 'After all, you just go to an emergency room.'" (The New York Times via California Nurses Association / National Nurses Organizing Committee)

Market Based Healthcare: Big Money, Politics, and the Unraveling of U.S. Civil Democracy (PDF)
200 pages. (Institute for Health & Socio-Economic Policy via California Nurses Association / National Nurses Organizing Committee)

Healthy Wisconsin: Good Medicine for Wisconsin's Economy (PDF)
8 pages. Excerpt: "Families USA analyzed the impact of Healthy Wisconsin and the companion program, BadgerCare Plus, which expands coverage through both the Medicaid and BadgerCare programs (see box on page 2). We found that together, these programs would stimulate Wisconsin's economy while easing the burden on the state's working families." (Families USA)

Study Finds Old Diabetes Drugs Safe, Cheap
Excerpt: "Older, cheaper diabetes drugs are as safe and effective as newer ones, concludes an analysis that is good news for diabetics and may further hurt sales of Avandia, a blockbuster pill recently tied to heart problems." (Houston Chronicle)

New State Statutes Offer Growth Opportunities for Blues Plans
Excerpt: "State legislation enacted in 2007 offers Blue Cross and Blue Shield plans new chances to increase enrollment among low-income residents and to bolster their wellness services with member incentives." (The AIS Report on Blue Cross and Blue Shield Plans via AISHealth.com)

Are Citizens of the World Satisfied with Their Health? (PDF)
7 pages. Excerpt: "This paper represents initial analyses of data on self-perceived health conditions and satisfaction with personal health from a representative survey of citizens in 130 countries. The analysis examines the effects of income and age on health perceptions along with the combined effect of cultural norms and income." (Health Affairs)

American Benefits Council Letter Regarding Markup of Mental Health Parity Legislation (PDF)
2 pages. To the House Education and Labor Committee. Excerpt: "Again, we urge you to support Representative Kline's amendment to offer the Senate's mental health parity bill as a substitute for H.R. 1424." (American Benefits Council)

Sen. Enzi Introduces 10-Step Proposal To Expand Access to Health Care, Insurance
Excerpt: "Sen. Michael Enzi (R-Wyo.), ranking member of the Senate Health, Education, Labor and Pensions Committee, . . . proposed legislation (S 1783) that includes 10 steps intended to expand access to health care providers and insurance, CQ HealthBeat reports." (Kaiser Family Foundation)


Links to Items on Executive Comp, Benefits in General

Overview: Final Nonqualified Deferred Compensation (409A) Regulations -- Focus on SERPs
Excerpt: "In this article we are going to focus only on the application of these new rules to retirement plans, which from now on we're just going to call SERPs. (SERP stands for supplemental executive retirement plan, and while, technically, there are a variety of nonqualified deferred compensation plans besides SERPs that provide retirement benefits, a lot of people use the term SERP to stand for any nonqualified retirement plan.)" (Southern Employee Benefits Conference)

Overview: IRS Explains Tax Consequences of Nonqualified Trust Benefiting HCEs
Excerpt: "The ruling discusses in detail the tax consequences to the employees, the employer, and the trust of contributions to the trust, the vesting of an employee's interest in the trust, employment tax treatment of wages paid to employees, income tax withholding, and distributions from the trust." (Wolters Kluwer Law & Business)

New Tax Loophole May Open a Pandora's Box for Executive Pay
Excerpt: "Lawmakers like Barney Frank and Charles Grassley have been eager to overhaul the infamous tax rule known as Section 162(m), which was intended to rein in executive pay but has arguably had the reverse effect of ballooning compensation for top officers. Now the Internal Revenue Service may have given them that chance." (Financial Week; free registration required)


Newly Posted Events

Avoiding Pitfalls and Costly Mistakes in Your H&W Plan
in New York on July 25, 2007
presented by New York Metropolitan Area Chapter - ISCEBS

Online Seminar - PPA 2006 Single Employer Rules
Nationwide on July 1, 2007
presented by Software Polish

Salaries, Perks, Pensions, and Benefits: SEC Historical Society Offers Perspective on New SEC Rules to Report CEO Compensation - Webcast
Nationwide on July 18, 2007
presented by Securities and Exchange Commission Historical Society


Newly Posted Press Releases

PBGC Protects Tom's Foods Inc. Pension Plan
Pension Benefit Guaranty Corporation (PBGC)

PBGC Assumes Scotty's Inc. Pension Plan
Pension Benefit Guaranty Corporation (PBGC)

Benefit Software Facilitates Compliance with Delivery Requirements for Electronic Employer Notices
Benefit Software Inc.

Workplace Options Offers 24-Hour Call Center Services to EAP and Behavioral Healthcare Customers
Workplace Options

DFW Value-Driven Health Care Collaborative Launched for Treatment of Diabetes
Dallas-Fort Worth Business Group on Health

One in Two Americans Struggle with Clinical Depression. Employee Assistance Programs Can Help.
The Hartford

New, Simplified Tools Announced for Health & Productivity Business Case
Midwest Business Group on Health

Wachovia Launches New Retirement Income Program
Wachovia Corporation

Collective Funds the Future of 401ks?
AST Capital Trust Company


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Account Executive, Group Benefits
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in GA

Client Service/Relationship Professional
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in FL

Senior Retirement Plan Analyst
for Standard Insurance Company
in OR

Account Manager - Retirement Plans
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in MA

Account Manager - Retirement Plans
for Standard Insurance Company
in ME

Client Service Consultant - Regional
for Standard Insurance Company
in OR

Compliance Analyst (Annuity Product Filing)
for Standard Insurance Company
in OR

Nurse Case Manager
for Standard Insurance Company
in OR

Account Manager - Retirement Plans
for Standard Insurance Company
in CA

Sales Administrative Coordinator
for Standard Insurance Company
in CA

Application Analyst OmniPlus
for Professional Computer Resources, Inc.
in NC

Associate Attorney
for Song Mondress PLLC
in WA

Compliance Specialist
for Heartland Financial USA / Dubuque Bank & Trust
in IA

Administrator/Consultant
for Benefit Plans Plus, L.L.C.
in MO

Administrative Assistant
for Benefit Plans Plus, L.L.C.
in MO

401(k) / ESOP Plan Analyst and Consultant
for RPAS, Ltd.
in VA




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