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September 5, 2007
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Here are the Internet's newest links on plan operation, design and policy; emphasis is on compliance and costs.


Today's sponsor is BeneCom Associates, LLC

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Official Guidance; News

DOD Outlines Expected Rules on TRICARE Prohibitions on Financial Incentives
Excerpt: "In a report to Congress, the Department of Defense (DoD) has indicated that it will soon issue interim final rules implementing certain TRICARE secondary payer provisions that Congress had approved in 2006 as part of a defense appropriations bill. The DoD's report specifically indicates how it will treat cafeteria plans under TRICARE's secondary payer rules, which prohibit employers from providing financial or other incentives for TRICARE-eligible employees not to enroll (or to terminate enrollment) . . . ." (Employee Benefit News; free registration required)

Class Action Status OK'd for Unum Suit
Excerpt: "A federal judge Tuesday granted class-action status to a lawsuit that contends Unum Group, the nation's largest disability insurer, schemed to deny or terminate claims of thousands of disabled Americans." (Yahoo! Finance)

House and Senate Set To Reconcile Health IT Spending Differences
Excerpt: "When lawmakers return from summer recess this week, the House and Senate will have to reconcile their HHS appropriations bills, including a difference of about $10 million in health IT spending, Government Health IT reports." (iHealthBeat)

Summary/Analysis of Official Guidance

(None today.)

Trends; Surveys; Research

Some Companies See Significant Benefits to Having Mental Health Coverage Equal to Other Care
Excerpt: "[S]ome CEOs have found that even in the face of rising health care costs, providing more comprehensive insurance can save their companies money in the long run." (Houston Chronicle; free registration may be required)

Genetic Testing and Discrimination (PDF)
2 pages. Excerpt: "[E]mployers, understandably, approach genetic testing with trepidation for fear of a lawsuit. And with the likely passage of the Genetic Information Non-Discrimination Act (GINA) this year, employers' trepidation is not unfounded!" (Employee Benefit Plan Review via Kirkpatrick & Lockhart Preston Gates Ellis LLP)

The 2008 Presidential Candidates on Health Care Reform - Updated September 4, 2007 (PDF)
Excerpt: "Although the 2008 presidential election is more than a year away, many candidates are already positioning themselves on a campaign issue they think will be very important to voters -- reforming the U.S. health care system. While it is still early in the campaign process and plan details are incomplete for most candidates, these summaries provide a snapshot of the candidates and their blueprint for reform." (The Council for Affordable Health Insurance)

Policy; Opinion; Advocacy

Is Achieving Wellness Through Fining Employees Fair?
Excerpt: "Typically, when a company becomes serious about implementing a wellness strategy, one of the first tactics deployed is a promise of reward-based incentives. It is not uncommon for an employer to dangle a gift card or some sort of merchandise in front of their employees in exchange for kicking a smoking habit or reaching a desirably healthy weight. It is unusual, however, for companies to threaten financial punishment for people who do not achieve these health-based goals." (The PRECEPT Employee Benefits Blog)

Opinion: Private Finance Initiative Costs British NHS Billions
Excerpt: "[T]he last Conservative government devised a plan that would keep both sides if not exactly happy, then at least totally bewildered. They called it the private finance initiative, or PFI. Corporations would build and run our schools, hospitals, roads and prisons, and rent them to the state. This, the Tories maintained, would enable costs to be cut, while ensuring that public services remained free of charge." (The Guardian via Physicians for a National Health Program)


Links to Items on Executive Comp, Benefits in General

Corporate Leaders' Compensation Can Include Many Extras That Don't Count As Income
Excerpt: "For CEOs of large companies, being the person in charge often means earning a hefty paycheck. But benefits typically extend beyond a base salary to stock options and other extras, such as company-provided cars, ransom protection and season sports tickets." (Ventura County Star via The Foundation for Taxpayer & Consumer Rights)

No Plans to Extend 409A Compliance Deadline, Treasury Official Says
Excerpt: "Although more than 90 of the country's most prominent law firms have sought to persuade the Treasury Department to extend the deadline for compliance with the new Code Sec. 409A regulations, 'there are no plans to extend the deadline at this time,' Andrew Desouza, a spokesman for the Treasury Department, told CCH on August 22, 2007." (Wolters Kluwer Law & Business)

Handle SEC Executive Compensation Queries with Caution
Excerpt: "Executives of the 300 or so companies that received letters last week from the Securities and Exchange Commission . . . regarding their disclosures on executive compensation should be careful about how they respond . . . .'Companies have to take their time evaluating the letters. The responses will commit companies to include material in their next proxy statements, so everyone should be comfortable with it,' . . . ." (Financial Week; free registration required)

Despite Shareholder Criticism, Company Jet Use by CEOs/Families/Friends for Personal Travel Is Heavy, As Are Costs
Excerpt: "According to a study released today by the Corporate Library, more than half (54%) of 215 large-company chief executives have access to their corporate aircraft for 'non-business' use, with the median costs for such usage last year at $182,929, with a median tax reimbursement (or gross-up) of $37,933." (Financial Week; free registration required)

Issue Brief: Promoting Work: Implications of Raising Social Security's Early Retirement Age
Excerpt: "This brief addresses the question of whether today's workers would be able to work longer without undue hardship if the [Early Eligibility Age] were raised. Answering this question requires exploring trends in both the health of older workers and the nature of jobs. In examining these areas, the brief focuses in particular on economically vulnerable groups -- women and minorities." (Center for Retirement Research at Boston College)

Court Says When in Doubt, Give Veterans the Benefit
Excerpt: "When in doubt, tilt toward the veteran. That's what the U.S. Court of Appeals for the Federal Circuit has suggested to government agencies in two cases involving federal employees who had served in the military reserves and petitioned for back pay because of improperly charged military leave." (The Washington Post; free registration required)

Keeping Workers Happy Pays Off for One Company
Excerpt: "For two consecutive years, Bridge Worldwide has received top honors from the Society for Human Resources Management and Great Place to Work Institute as a small business that is one of the 25 Best Companies to Work for in America. It's significant to get the designation for one year. It's incredible to get it two years in a row. When companies treat workers right, workers respond with drive and devotion." (The Enquirer)

Seniors Taking Advantage of Domestic Partnerships to Avoid Losing Benefits If They Remarry
Excerpt: "Domestic partners get a few of the rights of spouses -- hospital visitation, inheritance if there is no will, the right to make medical decisions -- but without losing retirement benefits that would disappear if they remarry." (SpokesmanReview.com)

DOL Offers Informal Views on Benefit Statements and Investment Advice
Excerpt: "The Joint Committee on Employee Benefits (JCEB) of the American Bar Association has posted a report on the May 2007 Q&A session between JCEB representatives and DOL officials. Highlights for 401(k) plans include . . . informal, nonbinding remarks about benefit statements and investment advice." (Employee Benefits Institute of America Inc.)

Overview: PowerPoint Presentation Is Not SPD; Plan Language Controls
Excerpt: "EBIA Comment: Although some courts have taken the view that the terms of an SPD control over conflicting terms in a plan document, the courts generally do not allow the terms of non-SPD summaries (such as summaries in an employment handbook or enrollment material) to control over the terms of the plan document, especially in instances where there is an SPD." (Employee Benefits Institute of America Inc.)


Newly Posted Events

401(k) Plans: Beyond the Basics
in Texas on October 4, 2007
presented by SunGard Relius

Employee Benefits Seminar
in West Virginia on October 4, 2007
presented by West Virginia Bar Association


Newly Posted Press Releases

Employers Use Automatic Tools to Jumpstart Participation and Saving in 401(k) Plans
Charles Schwab & Co., Inc.

The Rise of the Mompreneur: How Today's Women are Balancing Work and Motherhood
Worth Collection, Ltd.

Dana Corporation, Inc. Enters Into Settlement Agreement With Dana Retiree Committee
Stahl Cowen Crowley LLC

S.C. BlueCross to Integrate Care Management with Personal Health Record in Real Time
BlueCross BlueShield of South Carolina


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