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March 19, 2008

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


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Complete Benefits Law Guidance from Law Journal Press

The nation's workforce and health care system are constantly evolving and so are the legal issues. Law Journal Press helps you handle any benefits law question with up-to-date, authoritative books on all aspects of the field. Get legal and practical advice from leading experts on everything from COBRA to ERISA, "contingent" employees to family and medical leave, and more. Browse our product listings for detailed information and special offers.

[Guidance Overview] Does Reg. D (Reserve Regulations of Depository Institutions), Apply to Health Savings Accounts?
Excerpt: "We are not aware of any Reg. D exemption granted to HSAs. Absent such an exemption, Reg. D applies to deposit account investments under an HSA in the same way it applies to a deposit account outside an HSA." (Wolters Kluwer)


[Guidance Overview] Fifteen Years of the FMLA
Excerpt: "This employment law has generated much attention and controversy in the workplace. Fifteen years later, employers are still struggling with compliance issues and searching for guidance from the Department of Labor (DOL)." (Hewitt Associates)


Kaiser and Microsoft Agree to Fund PHR Study
Excerpt: "Kaiser Permanente and Microsoft Corp. have agreed to sponsor a study to determine the value of personal health records, conducted by the Center for Information Technology Leadership, the research center announced." (Modern Healthcare; free registration required)


Supreme Court to Discuss EEOC Retiree Health Plan Exemption
Excerpt: "The U.S. Supreme Court has scheduled a discussion for Friday, March 21, on whether it will review a federal appeals court ruling that effectively allows employers to reduce health care benefits when retirees become eligible for Medicare without facing age discrimination charges." (Workforce Management; free registration required)


Audio - Wal-Mart Expands Employee Health Care Options
Excerpt: "Wal-Mart, the company known for its low prices, also delivers low-cost health coverage to its employees. The world's largest retailer, based in Bentonville, Ark., says a record number of workers, many previously uninsured, are signing up." (Morning Edition via National Public Radio)


Social Policy on the Menu of San Francisco Eateries
Excerpt: "[T]his winter a controversial new item has been showing up in the fine print of menus at some of the hottest restaurants: a surcharge to help pay for worker health insurance." (Los Angeles Times)


[Opinion] Universal Health Care or Universal Nightmare?
Excerpt: "When compared to health care systems of other wealthy economies, the American one comes out as the most expensive, the most unfair, and the worst in relevant health indices . . . . While in other countries most health care costs are financed by individuals contributing to a system that guarantees everybody some amount of medical care, in the United States most individuals purchase a commodity in a market, a liability insurance policy (White 1995). This article explains key differences between the two systems, each based on two types of insurance, and the implications of choosing either type for achieving universal coverage." (Claudia Chaufan, IndyBay Media, via Physicians for a National Health Program)


[Opinion] America's Affordable Health Reform Plan - A Common-Sense Solution (PDF)
1 page. Excerpt: "Health care reform has emerged, once again, as one of the country's top public policy issues. Despite the rapid expansion of the consumer driven care movement, many people still look to the government to provide the health care solutions. But this is not the answer. Americans can address the problems of health insurance access, affordability, competition, transparency and wellness promotion by expanding choices, creating tax fairness, reducing certain regulations and giving consumers more control over their health care dollars." (Council for Affordable Health Insurance)


[Opinion] NPR Examines Health Care Programs in San Francisco, Massachusetts, Elsewhere
Excerpt: "NPR's 'Justice Talking' . . . reported on several issues related to health care for an episode titled, 'Is There a Right to Health Care?' Summaries of the segments appear [on the target page]. Audio of the segments is available online." (Kaiser Family Foundation)



Links to Items on Executive Comp, Benefits in General

[Guidance Overview] CRS Report: Disability Benefits for Federal Employees, Including Retirement Due to Disability (PDF)
Excerpt: "Federal civilian employees earn 13 days of paid sick leave per year. Sick leave can be used because of the worker's own illness or injury or to care for an ill or injured family member. A worker's employing agency can advance up to 30 additional days of sick leave to an employee who has exhausted his or her accrued sick leave. A federal worker with a long-term disability can separate from service through a disability retirement. A federal employee who sustains a disabling injury on the job can receive benefits under the Federal Employees' Compensation Act (FECA). FECA benefits consist of cash compensation, payment of medical costs related to the injury, vocational rehabilitation assistance, the cost of attendant care services, and burial benefits. A disabled federal employee may not receive a disability retirement annuity and FECA benefits simultaneously." (Congressional Research Service, U.S. Library of Congress)


[Guidance Overview] Proposed FASB Staff Position to Amend FASB Statement No. 132 (revised 2003), Employers' Disclosures about Pensions and Other Postretirement Benefits (PDF)
19 pages. Excerpt: "This proposed FASB Staff Position (FSP) would amend FASB Statement No. 132 (revised 2003), Employers' Disclosures about Pensions and Other Postretirement Benefits, so as to improve a public and nonpublic employer's disclosures about postretirement benefit plan assets. Additionally, this proposed FSP includes a technical amendment to Statement 132(R) that would require a nonpublic entity to disclose net periodic benefit cost." (Financial Accounting Standards Board)


[Guidance Overview] IRS Regs on Diversification Requirements for Variable Annuity Contracts
Excerpt: "The IRS has issued final regulations concerning the diversification requirements of Code Sec. 817(h). Code Sec. 817(h)(1) provides that a variable contract that is based on a segregated asset account is not treated as an annuity, endowment, or life insurance contract unless the segregated asset account is adequately diversified in accordance with regulations." (Wolters Kluwer)


[Guidance Overview] A Couple More 162(m) Issues
Excerpt: "IRS representatives [have] indicated that only an amendment that applies to the performance-based components of a plan or agreement would void the transitional protection provided by Rev. Rul. 2008-13, not amendments of other, unrelated provisions." (Michael S. Melbinger via Winston & Strawn LLP)


Arizona Bill to Block State Benefits for Domestic Partners Dies
Excerpt: "A bill aimed at blocking a move to allow unmarried domestic partners to get coverage as dependents under state employee and retiree benefits is dead in the water at the Legislature." (Arizona Daily Sun)


High Court Declines to Review LTD and Pension Cases
Excerpt: "The U.S. Supreme Court has decided against hearing appeals of two decisions involving employee benefits issues. The court refused to take up an appeal in Rohm and Haas Pension vs. Williams. . . . The Supreme Court also declined to take up Graham vs. Hartford Life Insurance Company." (The National Underwriter Company; free registration or paid subscription required)


Smaller Companies at a Competitive Disadvantage with Larger Companies on Benefit Offerings
Excerpt: "The cost of employee benefits and the wherewithal to offer them are sizable problems for all small businesses, according to a survey by the Small Business Administration." (California Job Journal)


Delta to Offer Worker Buyouts
Excerpt: "One part of the program is for employees who are already eligible for retirement or for those whose ages and years of service add up to at least 60, with 10 or more years of service. The other part of the program is an offer for front-line employees -- such as flight attendants and gate and ticket agents -- with 10 or more years of service and for administrative and management employees with one or more years of service." (AP vis The Washington Post; free registration required)


Bear Stearns' Ills Draw Company Stock 'Investigation'
Excerpt: "The law firm of Stember Feinstein Doyle & Payne, LLC has announced it is investigating possible illegal conduct relating to the Bear Stearns Companies Inc. Employee Stock Ownership Plan, Profit Sharing Plan and Deferred Compensation Plan." (PLANSPONSOR.com; free registration required)


Aging of U.S. Workforce - Proposed Strategies to Meet the Challenges
Excerpt: "The concern about keeping older workers in the work place is generated at least in part by the fact so many high growth -- and strategic -- industries have such a large percentage of their workers at ages 45 or older." (Deloitte via BenefitsLink.com)




Newly Posted Events

Chicago WEB Chapter Breakfast Briefing: Dependent Eligibility Audits
in Illinois on March 26, 2008
presented by WEB - Chicago Downtown

Controlled Groups, 415 Limits, Deductions - Webcast
Nationwide on April 9, 2008
presented by Newkirk

Deductibility of Performance-Based Compensation under IRS Code Section 162(m) - Webcast
Nationwide on March 26, 2008
presented by West LegalEdcenter

Plan Reporting and Disclosure - Webcast
Nationwide on April 16, 2008
presented by Newkirk

Selecting and Monitoring Target Date Funds
in California on April 2, 2008
presented by International Society of Certified Employee Benefit Specialists - Orange County Chapter

Solving Problems with Form 5500 - Webcast
Nationwide on March 20, 2008
presented by Newkirk

Top Heavy Rules, Keys, Attribution, HCEs - Webcast
Nationwide on April 2, 2008
presented by Newkirk

Vesting, DC Contributions, Allocations - Webcast
Nationwide on March 26, 2008
presented by Newkirk

Wellness Programs in the Workplace: What's Allowed, What Isn't, and What Designs Work Best?
Nationwide on April 17, 2008
presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting



Newly Posted Press Releases

Retirement Landscape Shifts for Gen X and Y
Employee Benefit Research Institute (EBRI)

Center for Health Innovation Identifies Key Trends In Value-based Health Design
Center for Health Value Innovation

401kDIRECT And EPIC Advisors Combine Marketing Strategies To Offer Services Whose Time Has Come Again
Venture (k) Corp.



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409A Plan Administrator / 409A Senior Plan Administrator
for Pen-Cal Administrators
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Technical Project Manager
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in MA

Defined Contribution Plan Administrator
for Employee Benefit Services, Inc.
in TN

Implementation Project Manager
for Great-West Corporate
in CO

Regulatory Support Specialist
for Mercer Outsourcing
in MA

Regional Director
for U.S. Department of Labor, Employee Benefits Security Administration
in CA

Third Party Administration (TPA) Accountant
for BKD, LLP
in AR

Data Processing Position
for Hancel Mccord Company, Inc.
in TX

Defined Benefits SPGA Pricing Director
for Babson Capital Management LLC
in MA

Retirement Plan Administrator
for Tax Sheltered Compensation, Inc.
in MN

Defined Contribution Plans Manager
for Unitrin, Inc.
in IL




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