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(a) New Guidance Documents (None today.) (b) News Good News: U.S. Obesity Rates Seem to Have Leveled; Bad News: 34% of Americans Are Obese Excerpt: "Obesity rates in U.S. women seem to be staying level, and the rate in men may be hitting a plateau now, too, according to a new government report released Wednesday. With more than 72 million Americans counted as obese, adult obesity rates for both sexes seem to be holding steady at about 34 percent, the U.S. Centers for Disease Control and Prevention reported." (AP via Yahoo!) (c) Summaries of Guidance; Filed Comments Cafeteria Plan Rules Hold Risks, Opportunities, Benefits Attorney Says On the target page, click on the link under the heading 'Attachments." (Miller Chevalier) ERISA Toolkit Updated; Outline of Principal ERISA Rules, Emphasizing Welfare Benefit Plans An excellent overview, especially for persons administering group health, disability or life plans. Excerpt: "The ERISA TOOLKIT page has been updated to reflect additional practice pointers for the plan fiduciary." (Health Plan Law (blog) by Attorney Roy F. Harmon III) (d) Trends, Surveys, Research State of the TPA Industry & Forecast for 2008 Excerpt: "We are already in the first stages of the biggest evolution in healthcare and its payment in the past 65 years. No matter what direction things might take politically, the TPAs & Stop-Loss who will survive and thrive are those who stay alert to the changes & opportunities . . . . Some TPAs are thinking that the traditional TPA core service of claims processing is getting to be more and more trouble [and yet they] find an ever-growing array of services & programs employers or individuals want. These include such things as a wide range of wellness offerings, investment and other assistance for the growing HSA market . . . ." (Society of Professional Benefit Administrators) More Employers Are Linking Better Employee Health To Better Business: Mercer Excerpt: "Four-fifths of respondents agreed that 'improving employee health is a core business value' -- 39% 'strongly agreed' and another 41% 'agreed.'" (CCH Benefits) Most New Prescription Drugs Approved by FDA Said to Offer Little or No Added Value Over Existing Therapies Excerpt: "Nearly 70% of all prescription drugs approved by the FDA from January 2006 to July 2007 provided no additional value over existing products, according to experts in evidence-based medicine." (AISHealth.com) HRAs Replace Traditional Retiree Health Benefits as Employers Scramble to Reduce Costs Excerpt: "The number of employers that offer health benefits to retirees has been declining steadily since the early 1990s. While many employers have eliminated those benefits completely, others see retiree health coverage as a way to recruit and retain employees . . . . The cost of maintaining traditional retiree benefits, however, has become prohibitive." (AISHealth.com) New FMLA Regulations Probably Not Yet on the Horizon Excerpt: "The U.S. Department of Labor's (DOL) regulatory agenda for 2007 included plans to review the FMLA regulations in light of the U.S. Supreme Court's 2002 decision in Ragsdale v Wolverine Worldwide Inc. . . . among other things. However, it seems that, at least for now, no major overhaul, or even a minor one, of the regulations will be forthcoming." (CCH Labor & Employment Law) (e) Policy, Opinion, Advocacy Americans See Benefits of Electronic Health Records as Outweighing Privacy Risks Excerpt: "The survey of 2,153 U.S. adults, conducted Nov. 12-14, shows three-quarters of respondents agree that patients could receive better care if doctors and researchers were able to share information more easily via electronic systems . . . " (Wall Street Journal) The Benefits, and Potential Side Effects, of Sharing Medical Records Online Excerpt: "Anita Allen, a law professor at the University of Pennsylvania and an expert on privacy law, says no matter what entity endorses personal online medical records, privacy issues will loom large." (Knowledge@Wharton) Links to Items on Executive Comp, Benefits in General Specified Employee Status Under Code Section 409A Excerpt: "This article examines the six-month delayed payment rule for 'specified employees' under Section 409A. It is extremely important that specified employees be properly identified, and this article -- together with the attached Specified Employees Checklist -- provides practical guidance to help you comply with this rule." (Faegre & Benson) Separation Pay Options Under Code Section 409A Excerpt: "This article examines methods for providing separation pay consistent with Section 409A, including use of the short-term deferral and safe harbor exceptions, 'stacking,' and integrating a release of claims. The attached chart provides analysis and options under various sets of circumstances related to separation pay under Section 409A." (Faegre & Benson) Modified Work Arrangements for Employees Under Code Section 409A Excerpt: "This article examines the application of Section 409A to modified work arrangements -- on-call or reduced time work arrangements, consulting arrangements, leaves of absence, rehire situations and other employment-related changes." (Faegre & Benson) The Impact of Disability on Non-Qualified Deferred Compensation Under Code Section 409A Excerpt: "This article examines the interrelationship between disability and the rules of Section 409A and discusses potential pitfalls that may be avoided with proper examination and drafting of a plan's disability definitions and procedures." (Faegre & Benson) Newly Posted Events 1099-R from Soup to Nuts Web Seminar Nationwide on December 19, 2007 presented by SunGard Relius Newly Posted Press Releases Investments in Private Equity Still Worth Considering for Institutional Investors Watson Wyatt Patricia Kelly Named Chief Financial Officer At The PBGC Pension Benefit Guaranty Corporation (PBGC) New Schwab Data Indicates Use of Advice and Professionally-Managed Portfolios Results in Higher Rate of Return for 401(k) Participants; Younger Participants Have the Most to Gain Charles Schwab & Co., Inc. Defined Contribution Plan Fee Disclosure Rules Must Follow Key Principles To Reduce Costs, Confusion American Benefits Council Employers' Goal: A Transparent 401(k) System That Provides Meaningful Benefits At A Fair Price American Benefits Council National Coalition on Business Launched To Preserve ERISA Standard For Health, Retirement Benefit Plans American Benefits Council Prudential Financial Expands Its Retirement Business Prudential Financial, Inc. Wachovia Retirement Services Earns Top Ranking in Client Loyalty Wachovia Corporation Council of Institutional Investors Deplores SEC Move to Curb Investor Rights Council of Institutional Investors Groundbreaking Study Reveals How Consumers Shop For Health Care Research Finds People Want Information On Cost And Quality Regence Newly Posted or Renewed Job Openings
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