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| July 30, 2007 |
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Employers Report Confusion over Implementation of FMLA
Excerpt: "A recent survey by the Society for Human Resource Management (SHRM) found nearly 40% of HR professionals say confusion over implementation of the Family and Medical Leave Act (FMLA) has led to leave being granted in error." (PLANSPONSOR.com; free registration required)
Family Leave Values in the Workplace
Excerpt: "Until recently, lawsuits claiming workplace discrimination because of family care-giving obligations were rare -- in part because . . . employers could often get away with it. The 1993 Family and Medical Leave Act guarantees workers some unpaid time off in the event of a serious health problem, after the birth of a child or to care for a sick family member, but the law's scope is limited." (The New York Times; free registration required)
Overview: 3rd Circuit Blesses EEOC Reg Allowing Retiree Medical Benefit Coordination with Medicare
Excerpt: "The EEOC can now issue the regulation in final form, which ought to bring the saga to a close. While AARP could attempt an appeal to the U.S. Supreme Court, it seems unlikely that the Supreme Court would agree to hear the case." (Faegre & Benson LLP)
How Some Employers Really Feel About Emerging Funeral Benefits
Excerpt: "A recent EBN QuickPoll shows some considerable resistance to the funeral services benefit concept among benefit managers. More than half (51%) of respondents said they wouldn't consider offering funeral planning as a voluntary benefit, while 25% said they would consider it, and 10% said 'maybe, down the line.' Another 14% weren't sure." (Employee Benefit News; free registration required)
HR Policy Association Seeks Permanent Tax Exclusion for Employee Education Assistance
Excerpt: "[S]ection 127 is currently set to expire December 31, 2010. HR Policy has joined with a diverse coalition of business, labor and educational organizations in calling upon Congress to permanently extend Section 127. Legislation will be introduced soon by Reps. Sander Levin (D-MI) and Philip English (R-PA)." (HR Policy Association)
Feds Might Tax Health Insurance to Fund Effectiveness Research
Excerpt: "The federal government might start taxing health insurers in fiscal year 2011 to pay for a program to compare the effectiveness of various health care products and procedures." (The National Underwriter Company; free registration or paid subscription required)
Status of Employer-Sponsored Group TRICARE Supplemental Plans Following 2007 TRICARE Amendment
Excerpt: "The Fiscal Year 2007 Defense Authorization Act changed the law for TRICARE Supplemental Plans that are sponsored by employers." (Hewitt Associates)
Overview: Court Rules ERISA Preempts Discrimination Claim with Respect to Domestic Partner Benefits
Excerpt: "A federal district court in Massachusetts recently ruled that an unmarried male employee is not entitled to health benefits for his female domestic partner, even though his employer provides health benefits to unmarried same-sex domestic partners of employees." (Bond, Schoeneck & King, PLLC)
J.B. Hunt Selects Best Doctors to Improve Quality of Health Care for Employees
Excerpt: "Eligible J.B. Hunt employees, with serious or complex medical conditions, can access Best Doctors to obtain an expert diagnostic assessment of all of the pertinent medical information in their case." (Market Wire via MSN Money)
Special School Tuition to Help Medically Handicapped Child Attend College Is Medical Care Expense
Excerpt: "EBIA Comment: This ruling is consistent with previous IRS guidance on whether special education involving the transition to regular education constitutes medical care under Code Section 213(d)." (Employee Benefits Institute of America Inc.)
State Insurance Commissioner Need Not Treat MEWA as Fully Insured Without DOL Determination
Excerpt: "EBIA Comment: Although this decision is binding only on courts in the Fifth Circuit (covering Louisiana, Mississippi, and Texas), we think other courts might find it persuasive. We thought the case was interesting in part because we see so few reported decisions addressing the permitted level of state regulation of MEWAs." (Employee Benefits Institute of America Inc.)
Doing Battle with the Health Insurance Company in a Fight to Stay Alive
Excerpt: "A glorious blend of forces came together to save Gordon Hendrickson's life: smart doctoring, luck, kindness, and his own wisdom and abundant grit. Only his insurance company tried to stand in the way." (The New York Times; free registration required)
Opinion: How to Fix the High Cost of the Health Care System?
Excerpt: "Easy, liberals say. If Washington would just force cuts in prescription drug prices and insurance company profits, plenty of money would be left over to cover the uninsured. Conservatives prefer to argue that the answer lies in forcing people to pay more of their own medical costs. But many health care economists say both sides are wrong." (The New York Times; free registration required)
UAW Position on Health Care Concessions Unreasonable, WSJ Opinion Piece States
Excerpt: "The current contract negotiations between UAW and GM, Ford and Chrysler are 'arguably the most critical ... in the history' of the companies, Dalmia writes, adding, 'It is not within the power' of Gettelfinger to save the companies, but 'it is certainly within his power to kill them' (Dalmia, Wall Street Journal, 7/27)." (Kaiser Family Foundation)
Bill Would Let States Force Drug Discounts
Excerpt: "[U.S. Rep.] Van Hollen (D-Md.) said he will introduce a bill early this week allowing states to use their purchasing power to require drug companies to provide discounts on medications for low-wage workers. Under the proposal, states could negotiate the same breaks they get for people on Medicaid, the state-federal health-care program for the poor." (The Washington Post; free registration required)
Overview: ERISA Preempts Suffolk County's Fair Share for Health Care Act
Excerpt: "EBIA Comment: In Fielder, the Fourth Circuit specifically identified this law as an example of one that, like Maryland's Fair Share Act, would force employers with multistate operations to tailor their health plans to each specific state or locality. Given the substantial similarity between these two laws, the outcome in this case is not surprising." (Employee Benefits Institute of America Inc.)
Officials Concerned Federal Mental Health Parity Legislation Will Pre-Empt Stronger State Laws
Excerpt: "Officials in Connecticut and at least eight other states are concerned that the federal mental health parity legislation (S 558) could result in weaker mental health benefits in some states, the Hartford Courant reports." (Kaiser Family Foundation)
Republican Senators Unveil Universal Health Coverage Proposal that Includes Refundable Tax Credits
Excerpt: "A group of Republican senators . . . unveiled a universal health plan that would provide refundable tax credits to U.S. residents who purchase private health insurance, McClatchy/St. Paul Pioneer Press reports. The legislation, called the Every American Insured Health Act, is co-sponsored by Sens. Mel Martinez (R-Fla.), Richard Burr (R-N.C.), Tom Coburn (R-Okla.) and Bob Corker (R-Tenn.) and has not yet been filed." (Kaiser Family Foundation)
Links to Items on Executive Comp, Benefits in General
Overview: IRS Previews Guidance on Section 457 Plan Issues (PDF)
2 pages. Excerpt: "In Notice 2007-62, the IRS has announced that it will issue guidance under Section 457. The notice outlines the anticipated guidance and how it will mesh with guidance issued under Section 409A, and requests comments." (Buck Consultants)
Overview: California Amends Regulations on Compensatory Stock Plans (PDF)
3 pages. Excerpt: "Effective July 9, 2007, the California Corporations Commissioner adopted amendments to the compensatory plan regulations under the California Corporate Securities Law of 1968. The amended rules eliminate many restrictive requirements, such as minimum vesting and pricing, to provide greater flexibility to companies in drafting compensatory benefit plans such as stock option or stock purchase plans." (Pillsbury Winthrop Shaw Pittman LLP)
Overview of New Benefits Bills in House
Excerpt: "[F]rom Spencer's Benefits Reports: Between June 12 and July 23, the following benefits-related bills were introduced in the House. Included are House bills to require disclosure of plan investments in hedge funds (H.R. 2683) and to provide tax incentives to encourage small business health care plans (H.R. 2737)." (Wolters Kluwer Law & Business)
Benefit Plans: Potential Liability Issues Facing Board, Corporate Officers, and Plan Fiduciaries
Excerpt: "With a more precise plan document, the odds improve in litigation to obtain dismissals of defendants who are not actually involved in the fiduciary functions that are the subject of the law suit." (Howard Shapiro via The Metropolitan Corporate Counsel)
Newly Posted Events
Ask Our Expert: Health Care Reform - Webcast
Nationwide on July 30, 2007
presented by Hewitt Associates LLC
Hot Topics in Retirement: 2007 - Webcast
Nationwide on July 30, 2007
presented by Hewitt Associates LLC
State and Local Health Care Reform - Webcast
Nationwide on July 30, 2007
presented by Hewitt Associates LLC
Newly Posted Press Releases
The Standard to Acquire DPA and MasterPlan Advisors
Standard Insurance Company
NAPFA Challenges The DOL To Adopt Tougher ERISA Disclosures
National Association of Personal Financial Advisors (NAPFA)
SunTrust Introduces GamePlan(SM) for a More Secure Retirement
SunTrust Banks, Inc.
Multnomah Group Expands into Northern California
Multnomah Group
Newly Posted or Renewed Job Openings
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Pension Professional
for The Paragon Alliance Group
in PA
Compliance Manager, Retirement
for TRI-AD Actuaries
in CA
Defined Benefit Client Account Manager
for New York Life Retirement Plan Services
in MA
HR Benefits Analyst
for PPL Services
in PA
Pension Services Consultant
for CUNA Mutual Group
in WI
Manager, Benefit Plan Operations
for Sentinel Benefits Group, Inc.
in MA
Director of Retirement Plan Operations
for Tycor Benefit Administrators
in PA
Senior ERISA Consultant
for Tofias PC
in MA
401(k) Plan Administrator
for Tofias PC
in MA
Senior Compliance Specialist
for Merrill Lynch
in NJ
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in ANY STATE
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