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| February 27, 2008 |
| Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy. |
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[Guidance Overview] IRS Issues Promised Enforcement Safe Harbor for Supplemental Plans Under HIPAA Portability Rules
Excerpt: "The guidance was prompted by concerns that certain insurance products being marketed as excepted supplemental coverage do not actually qualify as such. It should be noted that although this is currently only a safe harbor rule -- plan sponsors, insurers, or others might be able to convince the federal agencies or a court on a case-by-case basis that coverage is excepted even though it does not meet the safe harbor requirements -- the IRS has indicated that the safe harbor standards likely will be incorporated as requirements in future proposed regulations." (Employee Benefits Institute of America)
[Guidance Overview] DOL Issues Checklist to Measure Plan Compliance With HIPAA's Wellness Program Regulations
Excerpt: "EBIA Comment: Although FAB 2008-02 reiterates the Wellness Regulations, its question-and-answer format provides an organized and easy-to-understand roadmap for employers to evaluate whether their wellness programs comply with the Wellness Regulations. It also provides some helpful tips and examples to illustrate the key points of the Wellness Regulations." (Employee Benefits Institute of America)
[Opinion] Mythbusting Canadian Healthcare - Debunking the Free Marketeers
Excerpt: "In the previous post [link to it is on target page], I looked at ten of the most common myths that get bandied about whenever Americans drag Can.ada into their ongoing discussions about healthcare. In this follow-up, I'd like to address a few of the larger assumptions that Americans make about health care that are contradicted by the Canadian example; and in the process offer some more general thinking (and perhaps talking) points that may be useful in the debates ahead." (OurFuture.org via Physicians for a National Health Program)
Firms of All Sizes Embrace Portals for Online Health Information, Personal Health Records
Excerpt: "Hospitals and doctors may not be adopting personal health records rapidly, but that hasn't stopped employers and individuals from embracing them. Some PHRs now are being paired with HR communication portals and online libraries of health information for workers." (Employee Benefit News; free registration required)
Critical Health Policy Issues
Excerpt: "In this new section of our Web site, I will pull together ideas and data from across the Foundation's work to try to paint a bigger picture that hopefully helps to illuminate critical health policy issues. . . . This first installment of the new Pulling It Together series draws from the unique compendium of candidates' statements on health reform we have assembled on health08.org and our side-by-side comparisons of the candidates' health plans to tease out the fundamental differences between Democrats and Republicans and liberals and conservatives on health reform." (Kaiser Family Foundation)
More Employers Link Health Risk Appraisals to Open Enrollment
Excerpt: "Employers are redefining open enrollment by using the process to encourage workers to sign up for health risk appraisals and disease management programs. They see the benefits enrollment period as the perfect time to educate workers on how healthier lifestyle decisions affect health care costs." (Employee Benefit News; free registration required)
Federal Employee Sick Leave - The Math & the Morality?
Excerpt: "Workers under the older Civil Service Retirement System can, when they reach retirement eligibility apply their unused sick leave to their service time. This boosts their annuity, in some cases substantially. They start out with a higher pension that is indexed to inflation. The miracle of compounding does the rest. An employee with roughly 2,080 hours of unused sick leave, which many have saved up, is considered to have worked an extra year." (Federal News Radio)
A Potential Costly Effect of San Francisco's Health Care Mandate
Excerpt: "Employers that thought they would be unaffected by the city's ordinance because their health care spending exceeds the $1.76 per hour per employee minimum dictated by the statute still could be on the hook for employees who opt to enroll in their spouse's health care plan, benefit experts say." (Workforce Management; free registration required)
The Outlook for Spending on Health Care and Long-Term Care (PDF)
15 pages. Presentation to the National Governors Association's Health and Human Services Committee, February 24, 2008. (Congressional Budget Office)
Boomers Confused on Retiree Health Options
Excerpt: "A news release from the National Association of Insurance Commissioners (NAIC) about its survey of 377 Baby Boomers found that 36% correctly knew that Medicare eligibility begins at age 65. Twenty-one percent thought Medicare coverage began at age 62; 9% said age 67; 6% said age 59-1/2; and 28% said they were not sure." (PLANSPONSOR.com; free registration required)
Segal Survey of Dental Insurance Coverage (PDF)
Excerpt: "The Segal Company recently conducted a Survey of Dental Coverage to determine the current state of that coverage. The survey reveals there are opportunities to reevaluate dental plan designs in order to lower costs and/or add value to dental coverage." (The Segal Group, Inc.)
Links to Items on Executive Comp, Benefits in General
[Guidance Overview] DOL Addresses Fiduciary Responsibility to Collect Delinquent Plan Contributions (PDF)
2 pages. Excerpt: "In Field Assistance Bulletin 2008-01 (February 1, 2008), the DOL articulated for its Office of Enforcement a theory of fiduciary responsibility under ERISA for collection of delinquent contributions to retirement and welfare plans." (Sutherland Asbill & Brennan LLP)
[Guidance Overview] Right to Performance-Based Compensation on Termination of Employment Results in Loss of Deduction Under Section 162(m)
Excerpt: "This is a significant departure from the IRS' prior private letter rulings on Section 162(m). Section 162(m) generally disallows any tax deduction for compensation paid to certain key executives of public companies to the extent the compensation exceeds $1 million for the taxable year." (Troutman Sanders LLP)
[Guidance Overview] IRS Ruling Requires Review of Public Company Incentive Compensation Plans and Executive Employment Agreements
Excerpt: "Section 162(m) of the Internal Revenue Code denies a tax deduction to public companies for compensation in excess of $1 million paid to certain officers, unless the compensation meets specific performance-based standards and procedures. In a reversal of position, the IRS has issued a ruling that will require all public companies to review their incentive compensation plans and executive employment agreements to maintain qualification under Section 162(m)." (Nixon Peabody LLP)
[Guidance Overview] Corporations May Need to Make Changes for 162(m) Rulings
Excerpt: "A corporation that wishes to preserve the deductibility of the compensation it pays to senior executives may need to consider changes to it plans and agreements. Among the plans and agreements that corporations should review with counsel are the following: Annual cash incentive plans, Long-term cash incentive plans, Equity incentive plans, Employment agreements, Change in control and severance agreements, Equity award agreements, particularly those for performance shares, restricted stock with performance vesting criteria and restricted stock units, and Other performance awards." (Michael S. Melbinger via Winston & Strawn LLP)
Newly Posted Events
Benchmarking Benefit Trends
in Georgia on March 20, 2008
presented by WEB (Worldwide Employee Benefit Network) Atlanta Chapter
Drafting Challenges (Part 1) - 409A Compliance - Webcast
Nationwide on February 28, 2008
presented by West LegalEdcenter
Form 5500 Update - Webcast
Nationwide on March 27, 2008
presented by National Institute of Pension Administrators
Fundamentals of Employee Benefits Law (Part 1) - Webcast
Nationwide on February 28, 2008
presented by West LegalEdcenter
GLBT Corporate Benefits - What Employers and Employees Should Know - Webcast
Nationwide on March 19, 2008
presented by West LegalEdcenter
LaRue v. DeWolff: The High Court Rules on 401 (k) Plan Participants' Right to Sue - Webcast
Nationwide on March 11, 2008
presented by West LegalEdcenter
The Future of Women's Retirement Security - Webcast
Nationwide on February 28, 2008
presented by Women's Institute for a Secure Retirement (WISER)
U.S. Labor Department Hearing On Service Provider Compensation And Plan Fee Disclosure
in District of Columbia on March 20, 2008
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
What Employers Should Know About USERRA: Before, During and After An Employee's Military Leave - Webcast
Nationwide on April 1, 2008
presented by West LegalEdcenter
Newly Posted Press Releases
State Health Care Reform Efforts Examined
U.S. House Small Business Committee
Segal Survey of Dental Plans Reveals Ways to Bite Down on Costs
The Segal Company
Benefit Insights, Inc. Launches New Service for TPA Firms to Securely Send and Receive Employee Data via the Internet
Benefit Insights, Inc.
CitiStreet Posts Another Year of Growth; Participants Now at 12 Million
CitiStreet
401(k) Advice Pioneer Restructuring To Better Serve Participants and Other Advice Providers
The Scarborough Group, Inc.
AXA Equitable Helps Americans Prepare for a Long Retirement
AXA Financial, Inc
Roth 401(k) Analyzer Version 3.0 Released by ERISA Expertise
ERISA Expertise LLC
401k Toolbox & Guardian are First to Market with QDIA Managed Account Fiduciary Warranty
Guardian
New White Paper Examines the Hallmarks, Advantages of a Strategic EAP over Gatekeeper Benefit Models
Corporate Counseling Associates
Americans Report Their Saving Habits and Progress
America Saves Week.org
Poll: Florida Educators Worry They Haven't Saved Enough To Retire
Independent Benefits Council
Partners' Center for Connected Health and EMC Corporation Launch New Web-Based Remote Monitoring Program to Help Employees Fight Hypertension
Center for Connected Health
Newly Posted or Renewed Job Openings
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Plan Administrator
for Blue Ridge ESOP Associates
in VA
Trust Manager
for Polycomp Administrative Services, Inc.
in CA
Plan Administration Specialist
for Law firm with ERISA practice which provides plan administration services.
in CA
401k Consultant (Defined Benefits/Defined Contribution)
for BB&T
in VA
Director of Compensation and Benefits
for PinPoint Solutions
in WI
Conversion Department Manager
for First Mercantile Trust Company/SunTrust Bank
in TN
Handy Links:
- View Today's Active Message Threads
- Using the Web for Employee Benefits Research (hypertext article)
- Employee Benefits Library
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