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December 19, 2007

Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy.


Today's sponsor is www.ftwilliam.com

(Click on company name or banner to learn more.)
Banner ad for www.ftwilliam.com

Ftwilliam.com has added a Transportation Spending Account Plan (IRC 132(f)) to our list of high quality plan documents.

This new plan provides a substantial benefit to employees, allowing purchases of qualified transportation spending expenses pre-tax. The plan also includes wage deferral agreement forms, reimbursement forms (when applicable) and a summary plan description for employees.

Contact Holly Roussel with questions at 800.596.0714 or via email at sales@ftwilliam.com.


(a) New Guidance Documents

(None today.)

(b) News

G.M. to Start Another Round of Buyouts and Seek Cheaper Labor
Excerpt: "G.M. said it would not reveal the dollar amounts or other terms of the buyouts until union locals hold informational meetings for eligible workers early in 2008, but it said the deals were similar to what it offered all 113,000 hourly workers in 2006." (The New York Times; free registration required)

Health Insurance Industry to Propose Steps to Make It Easier for Individuals to Obtain Coverage
Excerpt: "Acknowledging that too many people simply cannot obtain health insurance on their own, the insurance industry plans . . . to propose a series of steps the companies say would let more individuals, even those who have health problems, obtain coverage." (The New York Times; free registration required)

(c) Summaries of Guidance; Filed Comments

December Health Plan Update on Guidance (PDF)
3 pages. Excerpt: "The Department of Labor and the Internal Revenue Service recently issued two pieces of guidance affecting health plans-- supplemental health plan guidance and qualified medical expense guidance. Both of these guidance items are described in the [target page]." (Groom Law Group)

Overview: DOL Establishes an 'Enforcement Safe Harbor' for Supplemental Health Insurance to Be Excepted from HIPAA Compliance
Excerpt: "On a coordinated basis with the Departments of Treasury and of Health and Human Services, the Department of Labor recently established an 'enforcement safe harbor' by which supplemental health insurance will be treated as excepted from certain HIPAA portability requirements if it meets a straightforward four-part test." (Deloitte via BenefitsLink.com)

Retiree Plan Found to Be Primary Payer in Triple Coordination of Benefits Dispute
Excerpt: "The court decided that under the COB terms of both the retiree plan and the wife's plan, the retiree plan was primary, and thus had little difficulty ruling that the retiree plan must pay first. The court rejected two other arguments raised by the retiree plan: (1) that Medicare provisions referenced in state law should be read into the wife's plan (the court refused to do so because the state law was preempted by ERISA); and (2) that ambiguities between the wife's plan and the retiree plan should be read consistently with the National Association of Insurance Commissioners (NAIC) Model COB rules. The court rejected this argument because it found no ambiguity and neither party had incorporated the model rules into their plans." (Employee Benefits Institute of America)

(d) Trends, Surveys, Research

California Employer Health Benefits Survey 2007
Excerpt: "This annual survey shows how premiums and benefit design has changed over time. Key findings include: Premiums increased 8.3% in California in 2007, outpacing a 6.1% rise in premiums nationally. Since 2002, premiums in California have increased 86.3% compared to 78.5% nationally." (California HealthCare Foundation)

Private Firms Recognize Value of Cash Bonuses
Excerpt: "Cash bonuses are still king for high-performing employees, and many privately held companies are responding accordingly, a recent study says." (Workforce Management; free registration required)

Options for Managing Cost and Risk Associated with Retiree Health Coverage, Including Remarks on Current Interest in VEBAs (PDF)
2 pages. (The Segal Group, Inc.)

Research on the Comparative Effectiveness of Medical Treatments (PDF)
43 pages. Excerpt: "This [paper] examines options for expanding federal support for research on comparative effectiveness. It reviews the current state of such research in both the public and private sectors and discusses several mechanisms for organizing and funding additional research efforts. It also discusses the different types of research that could be pursued and their likely benefits and costs. Finally, it considers the potential effects that such research could have on health care spending and the difficult steps that public and private insurers would probably have to take to achieve substantial savings on the basis of that research . . . ." (U.S. Congressional Budget Office)

Experts Discuss the Challenges of Predictive Modeling
Excerpt: "Predictive modeling is one concept that is quickly gaining traction among advisers and employers as a way to control health care costs. It involves providing a risk assessment and adjustment process that applies available data to identify employees 'at risk' for high medical costs in the future." (Employee Benefit Advisor; free registration required)

(e) Policy, Opinion, Advocacy

Lawsuits Claim That PBMs Violate Their Fiduciary Duties to Clients, Members
Excerpt: "From Spencer's Benefits Reports: Pharmacy benefit managers' (PBMs) practices have been under scrutiny in the past few years, and a number of lawsuits have been filed against several major PBMs, including Medco (formerly Merck-Medco Managed Care), Caremark, and Express Scripts." (Wolters Kluwer Financial Services)

Individual Health Insurance 2006-2007: A Comprehensive Survey of Premiums, Availability, and Benefits (PDF)
27 pages. Excerpt: "According to the survey, most applications for coverage were approved, and the benefits commonly purchased by consumers provided substantial financial protection. In some states with restrictions on premium variation and underwriting -- often known as 'guaranteed issue' and 'community-rated' states -- overall premiums were significantly higher than average." (America's Health Insurance Plans)


Links to Items on Executive Comp, Benefits in General

Overview: Financial Accounting for Nonqualified Deferred Compensation Plans (PDF)
2 pages. Excerpt: "During the initial development and periodic revisions of nonqualified deferred compensation plans, often the tax consequences receive a thorough analysis, but the financial accounting treatment is forgotten and can result in unwelcome surprises. The accounting treatment is critical for all companies, but especially for publicly traded companies, those contemplating an initial public offering or companies with debt covenants." (The Cochlan Group, Inc.)

Study Sizes Up States' Substantial Retiree Benefit Costs
Excerpt: "According to a new analysis by the Pew Charitable Trusts' Center on the States, states owe employees about $2.73 trillion for pension and health-care costs, much of which is unfunded." (The Washington Post; free registration required)

Overview: SEC Shortens the Holding Periods under Rule 144 (PDF)
4 pages. Excerpt: "Shortening the holding periods for restricted securities, eliminating the manner of sale and volume limitations for nonaffiliates and relaxing those limitations for affiliates represent a significant reduction in the restrictions on resales of restricted securities." (Seyfarth Shaw LLP)

White Paper: SEC Approves Amendments to Rule 144 (PDF)
7 pages. Excerpt: "On November 15, 2007, the Securities and Exchange Commission (SEC) approved amendments to Rule 144 under the Securities Act of 1933, as amended (the Securities Act), substantially as the amendments were proposed in July. The Final Adopting Release 1 was issued on December 6, 2007, and the changes will become effective February 15, 2008." (Morgan, Lewis & Bockius LLP)

Case Study -- Executive Benefit Plans (PDF)
Excerpt: "The company had two primary concerns with the current situation. Key executives were unable to contribute a large percentage of their income to the 401(k) plan due to qualified plan contribution limitations. Many of the company's competitors had already established a nonqualified plan. As a result, the company was already losing key talent to the competition and concerned about losing others." (The Cochlan Group, Inc.)

How to Secure Your Finances When on Assignment Abroad
Excerpt: "Given that international assignments are on the rise -- almost 40% of respondents to KPMG's 2007 survey on global assignment policies and practices expect to use expatriate employees more in the next five years -- resolving those issues means more time devoted to the job at hand and less time worrying about the impact of the job on your personal finances." (CFO.com)


Newly Posted Events

Cafeteria Plan Election Changes: What's Permitted and What Isn't?
Nationwide on January 17, 2008
presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting


Newly Posted Press Releases

The Principal Financial Group Announces Plans To Acquire Retirement Consulting Actuaries
Principal Financial Group

CitiStreet Expands Fiduciary Services in Rolling Out PlanFIRST
CitiStreet

BenefitsCheckUp Has Served Two Million Seniors
National Council on Aging (NCOA)

New Managing Attorney Enhances Legal Advantage's Role in Document Review Service Offerings.
Legal Advantage, LLC

Pew Study Finds States Face $2.73 Trillion Bill for Retiree Benefits
Pew Charitable Trusts


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Trust Administrator II or III
for Associated Pension Consultants
in CA

Client Relationship Manager
for Great-West Corporate
in VA

Regional Vice President of 401(k) New Business Development
for ExpertPlan Inc., East Windsor New Jersey
in ANY STATE

Director of Business Retirement Services
for COUNTRY Insurance & Financial Services
in IL

Ancillary Benefit Product Analyst
for Administaff
in TX

Compliance Specialist
for PlanMember Securities Corporation
in CA

Regional Sales Director
for The Online 401(k) (aka Decimal, Inc.)
in ANY STATE, CT, MA, ME, NH, NY, RI

Senior Trust Administrator
for AST Capital Trust Company
in AZ

OmniPlus Consultant
for The IQ Business Group, Inc.
in ANY STATE

Benefits Analyst
for National Financial Partners
in NY

Insurance Fund Manager
for Montgomery County Office of Human Resources
in MD




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