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[Guidance Overview] Former NFL Player Wins Disability Claim Excerpt: "Like any other employer sponsored disability plan, the NFL's plan is covered by ERISA. Because the Plan grants the Board the discretion to decide claims and interpret the plan, its decisions are usually upheld unless they are arbitrary and capricious. In this case, the Board used a physician's date of examination to fix the date of disability onset but ignored evidence in the report that the disability extended back at least eight months before the exam. The court held that such decision-making was an abuse of discretion." (For Your Benefit blog) [Guidance Overview] Laws Don't Speak to Non-English COBRA Notice Requirement Excerpt: "You have a multilingual workforce. Must you provide COBRA notices in languages other than English?" (CCH Incorporated) [Guidance Overview] Transparency and Generics Utilization Key Components to Effective PBM Relationship Excerpt: "[S]ome benefits analysts and executives advise employers to not only push for explicit contractual language on pass-through pricing, but also to support drug benefit designs that focus on multi-tiered formularies, innovative cost sharing and generic drug utilization." (Employee Benefit News; free registration required) [Guidance Overview] U.S. Appeals Court Permits Temporary Enforcement of San Francisco County's Employer Health Benefits Play or Pay Requirement Excerpt: "San Francisco can temporarily enforce its newly-adopted ordinance requiring employers of twenty or more employees to either provide employees with health care at various 'health care expenditure rates' or pay a fee to the city, under a temporary stay issued by the U.S. Court of Appeals. ____________ v. City and County of San Francisco, No. 07-17370 (9th Cir., January 9, 2008). The fees would be based on the size and income source of the employer." (Deloitte via BenefitsLink.com) [Guidance Overview] DOL Closes Wellness Plan Loophole in HIPAA Nondiscrimination Rules Excerpt: "The requirement that the supplemental coverage not differentiate among individuals based on any health factor is key. Effectively, DOL is saying it will not treat supplemental coverage as a HIPAA excepted benefit that is exempt from the HIPAA nondiscrimination rules unless the supplemental coverage itself satisfies the HIPAA nondiscrimination rules. Thus, tying the wellness plan reward to the supplemental coverage will prevent such coverage from being a HIPAA excepted benefit -- and the wellness plan will have to satisfy the HIPAA nondiscrimination rules." (Deloitte via BenefitsLink.com) [Guidance Overview] IRS Provides Guidance on Determining Whether a Child Is a Qualifying Relative Under Code Section 152 Excerpt: "EBIA Comment: While not mentioned in the notice, this guidance may also affect employer-provided benefits. In order for a child to receive tax-free employer-provided health coverage, the child generally must meet most (but not all) of the requirements to be an employee's qualifying child or qualifying relative. The 'not anyone's qualifying child' test has caused consternation for employers who, before WFTRA, would provide tax-free health coverage to unrelated children living with employees (e.g., children of dependent domestic partners). This guidance has the potential to allow some unrelated children to receive such coverage when the requirements of the notice are met." (Employee Benefits Institute of America) [Guidance Overview] Court Remands Claim Because Denial Letter Did Not Tell Participant How to Perfect Claim Excerpt: "EBIA Comment: The Ninth Circuit's opinion in this case offers a lesson in what not to do. It includes a paragraph-by-paragraph review of the insurer's appeal denial letter, which the Ninth Circuit characterized as unintelligible, self-contradictory, unhelpful, and -- when viewed collectively with the insurer's other communications -- falling short of the 'meaningful dialogue' called for under ERISA's full and fair review requirement." (Employee Benefits Institute of America) [Guidance Overview] ERISA Penalties Assessed Against Plan Committee That Delayed Producing Documents Upon Request Excerpt: "EBIA Comment: The DOL claims procedure regulations specifically require that a claimant be informed that he or she is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant's claim for benefits. As this case illustrates, failure to comply with this requirement can be costly." (Employee Benefits Institute of America) Colorado's Fair Share Health Care Initiative Would Require Insurance Coverage Excerpt: "Companies that employ more than 20 people would be required to provide health insurance coverage to their employees under a proposed initiative that proponents hope to place on the November election ballot." (Denver Business Journal via bizjournals.com; free registration required) Creating Corporate Culture of Health Has Long-Term Benefits - Costs a Lot of Money to Implement Excerpt: "How do you document a return-on-investment from your wellness programs? It's not easy, but a number of companies say they've done it. For a growing number of human resource and benefits executives, wellness is not just about better health. It's about money saved because employees do not get major diseases and illnesses." (Human Resource Executive Online) Medical Publisher Launches Beta Health Wiki Excerpt: "Science, technical and medical publisher Elsevier's WiserWiki, a clinical health information wiki created by board-certified doctors, could be a big factor in helping consumers overcome their distrust of online health information. WiserWiki, launched in November 2007 and currently in beta, is like other wikis in that it allows users to create and power a collaborative, community Web site that is populated with information contributed by community members." (eWeek.com) California Governor's Plan for Health Care in Trouble Excerpt: "[A] Senate health committee is expected to vote against Mr. Schwarzenegger's widely promoted and potentially legacy-defining bill on universal health care. A 'no' vote would effectively kill the bill, which would also need voter approval to become law." (The New York Times; free registration required) Health Care Ideas Had Few Allies in Congress Excerpt: "[Administration officials fell] short in their efforts to sell the idea to key lawmakers, failing even to get a committee hearing. The idea -- replacing a tax break for employer-provided health coverage with a new $15,000 tax deduction for families and $7,500 for individuals, regardless of where they buy insurance -- would have been a major change in both the tax code and the health-care system, difficult to achieve under the best of political circumstances." (The Washington Post; free registration required) Wall Street Journal Examines Democratic Presidential Candidates' Plans and the 'Ghost' of Single-Payer Excerpt: "'Democrats backing universal health care long favored a single-payer system,' and, although most Democratic presidential candidates have announced proposals to expand health insurance to all U.S. residents by 'building on the employer-based system,' the 'ghost of single-payer past looms large,' the Wall Street Journal reports." (Kaiser Family Foundation) The Implementation of GASB 45 - Case Studies of 15 Counties 62 pages. Excerpt: "Once a government learns its OPEB liabilities from the actuarial valuation, the government needs to develop an approach to complying with GASB 45. To help governments think about what would work best for them, the report discusses components of an implementation plan, including the implementation philosophies a government should consider, the types of persons that need to consulted in implementation and timing for implementation." (National Association of Counties) Counties Choose to Amend OPEB Policies in Response to GASB 45 Excerpt: "A report from the National Association of Counties (NACo) provides brief overviews on the major issues surrounding Governmental Accounting Standards Board (GASB) statement 45 and profiles 15 counties from across the country that are in the midst of GASB 45 implementation." (PLANSPONSOR.com; free registration required) More Hitting Cost Limit on Health Benefits - Consumers Forced To Explore Options Excerpt: "Those who need organ transplants or who have hemophilia, Gaucher disease or other costly chronic illnesses can easily rack up medical bills that blow through the lifetime benefits cap of $1 million or more that is a standard part of many insurance policies." (The Washington Post; free registration required) Labor Department Proposes Regulations To Address Concerns About Family Medical Leave Act Abuses Excerpt: "The proposed regulations would require employees to request FMLA leave in advance. Currently, employees in most cases can miss work for two days before they must request FMLA leave. Victoria Lipnic, assistant labor secretary for employment standards at DOL, said the proposed regulations would not limit the definition of serious health conditions under FMLA, as some employers have proposed. She said that DOL lacks the authority to limit the definition." (Kaiser Family Foundation) Moms Bond with Their Babies As They Wear Them, Even to Work Excerpt: "The arrangement is facilitated by a very mom-friendly breast-feeding policy . . . . [T]he Ohio Department of Health has, since 2003, promoted breast-feeding friendly workplace policies. In developing a policy for their office, Brook and the staff worked together to establish one that allowed mothers to bring their breast-fed babies to the job." (The Star Beacon) [Opinion] What Became of Your New Year's Raise? Excerpt: "The average American worker's wages rose by $2,975 from 2000 to 2005 . . . . The primary reason that workers don't feel richer is they see just a fraction of that wage increase in their take-home pay. Of that $2,975, the average worker received just $879 -- 29% -- of their pay increase in actual cash wages over the five-year period. . . . Where did the rest of it go . . . . Most of it was . . . in paycheck deductions [going] to higher payments for job-based health insurance and pension contributions, both of which are deducted directly from workers' paychecks." (Investor's Business Daily) Links to Items on Executive Comp, Benefits in General [Opinion] Vanguard Economist on the U.S. Outlook for 2008 Excerpt: "In two multimedia presentations -- an 8-1/2-minute video and an audiocast -- Joseph Davis, Ph.D., a principal and economist for Vanguard's Investment Counseling & Research and Fixed Income Groups, takes a hard look at what may be in store for the U.S. economy in 2008." (The Vanguard Group) [Guidance Overview] Employee Benefits as of January 24, 2008 (PDF) 5 pages. This edition includes: A Look at ERISA Litigation: Preemption of San Francisco's Health Reform Law; Qualified Plan Queries: IRS Informally Indicates No Redlining of Plans Required for Cycle B Submissions; EEOC Regulations Resolving the Erie County Issue; Exec Comp Corner: SEC Comments on Year 1 Compensation Disclosures; and, Payroll Tax & Fringe Benefit Pointers: Reporting Settlement Payments to Claimants and Their Law Firms. (Miller & Chevalier Chartered) Moms Bond with Their Babies As They Wear Them, Even to Work Excerpt: "The arrangement is facilitated by a very mom-friendly breast-feeding policy . . . . [T]he Ohio Department of Health has, since 2003, promoted breast-feeding friendly workplace policies. In developing a policy for their office, Brook and the staff worked together to establish one that allowed mothers to bring their breast-fed babies to the job." (The Star Beacon) When Pay Isn't Enough to Keep Workers Excerpt: "As most employees know, a big paycheck is great. But good benefits can be an even bigger draw, adding thousands of dollars to a worker's compensation package. In South Florida, where the cost of living is high, employers are making efforts to keep their stars happy and offer the perks workers care about." (Miami Herald) Some Good News for Unions in 2007 Excerpt: "The Bureau of Labor Statistics (BLS) is reporting a rise in union membership: In 2007, the number of workers belonging to a union rose by 311,000 to 15.7 million, the U.S. Department of Labor's Bureau of Labor Statistics reported today. Union members accounted for 12.1 percent of employed wage and salary workers, essentially unchanged from 12.0 percent in 2006. In 1983, the first year for which comparable union data are available, the union membership rate was 20.1 percent." (Workplace Prof Blog) Tough Regulations Won't Derail Appeal of Executive Deferred Compensation Excerpt: "Despite the Internal Revenue Service's final ruling last year on Section 409A, which changes the way non-qualified deferred-compensation plans are governed, an overwhelming majority of companies say they will continue to offer these retirement benefits to their top executives." (Financial Week; free registration required) Workforce Trends - An AARP Study of Employers and Workers in Puerto Rico Excerpt: "Two AARP surveys in Puerto Rico suggest that to prevent a labor shortage within their companies, employers in Puerto Rico need to address the retaining and recruiting of older employees." (AARP) Labor Department Proposes Regulations To Address Concerns About Family Medical Leave Act Abuses Excerpt: "The proposed regulations would require employees to request FMLA leave in advance. Currently, employees in most cases can miss work for two days before they must request FMLA leave. Victoria Lipnic, assistant labor secretary for employment standards at DOL, said the proposed regulations would not limit the definition of serious health conditions under FMLA, as some employers have proposed. She said that DOL lacks the authority to limit the definition." (Kaiser Family Foundation) Ford To Offer Employees Buyouts and Early Retirement Packages Excerpt: "Ford Motor [this past] Thursday announced it will offer buyout and early retirement packages to its hourly workers as part of a restructuring plan to bring in new workers that will receive lower pay and benefits, the AP/Richmond Times-Dispatch reports. The new wage system was established during last year's contract negotiations with United Auto Workers . . . ." (Kaiser Family Foundation) Newly Posted Events 2008 Midwinter Tour: Beyond the Essentials in District of Columbia on February 6, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: Beyond the Essentials in Kentucky on February 6, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: Beyond the Essentials in Maryland on February 8, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: Beyond the Essentials in Tennessee on February 8, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: Beyond the Essentials in Pennsylvania on February 13, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: Beyond the Essentials in Oklahoma on February 13, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: Beyond the Essentials in Massachusetts on February 15, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: Beyond the Essentials in Texas on February 15, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: Beyond the Essentials in Wisconsin on February 27, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: Beyond the Essentials in Wisconsin on February 29, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: IRA Essentials in District of Columbia on February 5, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: IRA Essentials in Kentucky on February 5, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: IRA Essentials in Maryland on February 7, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: IRA Essentials in Tennessee on February 7, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: IRA Essentials in Oklahoma on February 12, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: IRA Essentials in Pennsylvania on February 12, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: IRA Essentials in Massachusetts on February 14, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: IRA Essentials in Texas on February 14, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: IRA Essentials in Wisconsin on February 26, 2008 presented by BISYS Retirement Services 2008 Midwinter Tour: IRA Essentials in Wisconsin on February 28, 2008 presented by BISYS Retirement Services 2008 Web/Telephone Seminar: Amending & Restating QPs for EGTRRA Nationwide on February 21, 2008 presented by BISYS Retirement Services 2008 Web/Telephone Seminar: Conducting Your Own Compliance Audit Nationwide on February 19, 2008 presented by BISYS Retirement Services 2008 Web/Telephone Seminar: Individual(k) Plans Nationwide on February 21, 2008 presented by BISYS Retirement Services 2008 Web/Telephone Seminar: IRA Beneficiary Distributions Nationwide on February 5, 2008 presented by BISYS Retirement Services 2008 Web/Telephone Seminar: IRA Frontline Fundamentals - Part 1 Nationwide on February 12, 2008 presented by BISYS Retirement Services 2008 Web/Telephone Seminar: IRA Frontline Fundamentals -Part 2 Nationwide on February 14, 2008 presented by BISYS Retirement Services 2008 Web/Telephone Seminar: Retirement Distribution and Income Planning Nationwide on February 26, 2008 presented by BISYS Retirement Services 2008 Web/Telephone Seminar: SEP Plans Nationwide on February 28, 2008 presented by BISYS Retirement Services 2008 Web/Telephone Seminar: Withholding Nationwide on February 7, 2008 presented by BISYS Retirement Services 401(k) Plans in Washington on March 25, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting 401(k) Plans in Oregon on April 8, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting 401(k) Plans in New York on April 15, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting 401(k) Plans in Illinois on April 22, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting 401(k) Plans in Minnesota on May 6, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting 401(k) Plans in Ohio on May 13, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting 401(k) Plans in California on May 20, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting 401(k) Plans in Georgia on June 3, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting A New Way to Save Money on Healthcare While Helping Employees; Local Pharmacists Partner with Employers to Coach Patients with Chronic Diseases in Maryland on February 14, 2008 presented by Worldwide Employee Benefits Network (WEB) - Baltimore Chapter Cafeteria Plans in Washington on March 26, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting Cafeteria Plans in Oregon on April 9, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting Cafeteria Plans in New York on April 16, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting Cafeteria Plans in Illinois on April 23, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting Cafeteria Plans in Minnesota on May 7, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting Cafeteria Plans in Ohio on May 14, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting Cafeteria Plans in California on May 21, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting Cafeteria Plans in Georgia on June 4, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting COBRA Compliance for Group Health Plans in Washington on March 28, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting COBRA Compliance for Group Health Plans in Oregon on April 11, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting COBRA Compliance for Group Health Plans in New York on April 18, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting COBRA Compliance for Group Health Plans in Illinois on April 25, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting COBRA Compliance for Group Health Plans in Minnesota on May 9, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting COBRA Compliance for Group Health Plans in Ohio on May 16, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting COBRA Compliance for Group Health Plans in California on May 23, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting COBRA Compliance for Group Health Plans in Georgia on June 6, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting Employee Benefit Considerations in Domestic Relations Matters: QDROs and QMCSOs Nationwide on February 14, 2008 presented by ABA Joint Committee on Employee Benefits ERISA Compliance for Health & Welfare Plans in Washington on March 27, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting ERISA Compliance for Health & Welfare Plans in Oregon on April 10, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting ERISA Compliance for Health & Welfare Plans in New York on April 17, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting ERISA Compliance for Health & Welfare Plans in Illinois on April 24, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting ERISA Compliance for Health & Welfare Plans in Minnesota on May 8, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting ERISA Compliance for Health & Welfare Plans in Ohio on May 15, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting ERISA Compliance for Health & Welfare Plans in California on May 22, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting ERISA Compliance for Health & Welfare Plans in Georgia on June 5, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HIPAA Portability, Privacy & Security in Washington on March 28, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HIPAA Portability, Privacy & Security in Oregon on April 11, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HIPAA Portability, Privacy & Security in New York on April 18, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HIPAA Portability, Privacy & Security in Illinois on April 25, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HIPAA Portability, Privacy & Security in Minnesota on May 9, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HIPAA Portability, Privacy & Security in Ohio on May 16, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HIPAA Portability, Privacy & Security in California on May 23, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HIPAA Portability, Privacy & Security in Georgia on June 6, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HSAs, HRAs, and Consumer-Driven Health Care in Washington on March 27, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HSAs, HRAs, and Consumer-Driven Health Care in Oregon on April 10, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HSAs, HRAs, and Consumer-Driven Health Care in New York on April 17, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HSAs, HRAs, and Consumer-Driven Health Care in Illinois on April 24, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HSAs, HRAs, and Consumer-Driven Health Care in Minnesota on May 8, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HSAs, HRAs, and Consumer-Driven Health Care in Ohio on May 15, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HSAs, HRAs, and Consumer-Driven Health Care in California on May 22, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting HSAs, HRAs, and Consumer-Driven Health Care in Georgia on June 5, 2008 presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting Leveraging Data Analytics to Benchmark and Improve Health Plan Performance in Illinois on February 28, 2008 presented by WEB - Chicago West Newly Posted Press Releases MassMutual Retirement Services Adopts Enhanced Regional Model MassMutual InFRE Issues Call for Retirement Related Research Papers International Foundation for Retirement Education (InFRE) New Web-Product Connects Pension & 401k Plan Auditors with Plan Sponsors Venture (k) Corp. Biophysical Unveils BiophysicalCheck Health Assessment Program to aid in Pre-Symptomatic Detection of Disease Biophysical Corporation Newly Posted or Renewed Job Openings
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