BenefitsLink |
 |
 |
| April 10, 2008 |
| Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy. |
Today's sponsor is International Foundation of Employee Benefit Plans
(Click on company name or banner to learn more.)
| E-learning Benefit Courses From the International Foundation |
| You don’t need a navy suit to get ahead at your job. Put on those fuzzy slippers, grab your computer mouse and learn with the International Foundation. The International Foundation’s e-learning courses provide the highest quality education covering all employee benefit topics, from the basics to compliance technicalities. Prove you know your stuff and get to the next level with the International Foundation’s e-learning courses. And bring your pink bunny slippers along for the ride. |
[Guidance Overview] On the Standard of Review - A New Checklist
Excerpt: "The proper standard of review to be applied in judicial review of a plan administrator's decision varies depending on venue. Nor are the Courts all persuaded that the issues have been well decided." (Health Plan Law blog by Attorney Roy F. Harmon III)
[Guidance Overview] California Supreme Court Clarifies California Family Rights Act
Excerpt: "On April 7, 2008, in Lonicki v. Sutter Health Central, the California Supreme Court answered two previously unanswered questions about the California Family Rights Act (CFRA). Employers won one, and lost one. First, the Court held that the CFRA permits employers to defend litigation by challenging an employee's need for a leave of absence without having first resorted to the 'third opinion' option (i.e., obtained a binding third opinion, where the first two opinions differed). Second, the fact that the employee is working elsewhere, even in a substantially similar job, does not necessarily mean that the employee is disqualified from obtaining CFRA leave." (Davis Wright Tremaine LLP)
Are the Uninsured Responsible for the Increase in Emergency Department Visits in the United States? (PDF)
9 pages. Excerpt: "Conclusion: The rise in ED visits between 1996 and 2003 cannot be primarily attributed to the uninsured. Major contributors to increasing ED utilization appear to be disproportionate increases in use by nonpoor persons and by persons whose usual source of care is a physician's office." (American College of Emergency Physicians)
Recent Data Breaches Spark Criticism of Medical Privacy Laws
Excerpt: "Recently disclosed data breaches at University of California-Los Angeles Medical Center have led some critics of federal and state medical privacy laws to question whether the laws are strict enough, the Los Angeles Times reports." (California HealthCare Foundation; free registration may be required)
Research Studies Demonstrate Benefits of Health IT on Patients
Excerpt: "New data from 11 research studies conducted by the Center for Connected Health in Boston demonstrate that connected health technologies can help patients manage their care, Healthcare IT News reports." (California HealthCare Foundation; free registration may be required)
Judge Gives Preliminary OK to Chrysler-UAW Health Care Deal
Excerpt: "A federal judge has given preliminary approval to a deal that would require Chrysler hourly retirees to pay more for health care." (Associated Press WorldStream via NewsEdge Corporation via Human Resource Executive Online)
How Companies Are Adapting to Absenteeism
Excerpt: "Most workers take mental-health days or call out sick to take care of family or personal issues, but many time-off policies remain mired in the 1960s, when there were few dual-income households and less desire for work/life balance. HR should rethink how to effectively manage absenteeism." (Human Resource Executive Online)
Dying for Health Insurance Coverage - New State Reports from Families USA
Excerpt: "In 2002, the Institute of Medicine released a groundbreaking report, Care without Coverage: Too Little, Too Late, which estimated that 18,000 adults nationwide died in 2000 because they did not have health insurance. Subsequently, The Urban Institute estimated that 22,000 adults died in 2006 because they did not have health insurance. To find out what this means for people across the nation, Families USA has generated the first-ever state-level estimates of the number of deaths due to lack of health insurance. Our estimates are based on both the Institute of Medicine and The Urban Institute methodologies applied to state-level data." (Families USA)
Health Care Consumerism - A Two-Way Conversation
Excerpt: "The U.S. health care system is in the midst of a transformational change that many believe is centered on consumerism -- the process of enabling and engaging consumers more directly in selection and purchase decisions regarding health care services. . . . Industry stakeholders need to prepare to address the challenges and opportunities that consumerism presents. Explore the resources [at the target page] to learn more about this trend, as well as our comprehensive survey of consumer behaviors, attitudes and unmet needs toward health, health care and health insurance." (Deloitte)
E-Prescribing Can Cut Costs and Improve Patient Safety, but Physicians Are Slow to Embrace It
Excerpt: "While physicians have been slow to embrace electronic prescribing, the experiences of several health plans in the forefront of e-prescribing point to four critical ingredients that, when used, will help such an initiative succeed and produce a significant return on investment." (AISHealth.com)
Insurers to Pay for Artificial Limbs Under Louisiana House Bill
Excerpt: "Louisiana health insurers would have to provide coverage for artificial limbs under legislation endorsed Wednesday by a House committee.House Bill 318 would require health insurance policies to pay up to $50,000 per limb, per year, for customers requiring prosthetic devices and services." (2theadvocate.com)
Percentage of Workers Who Don't Go to Work Sick Remains at Six or Seven Percent Mark
Excerpt: "We all know people who drag themselves into work when they're sick . . . – but the reason(s) why may surprise you. According to a new poll by LifeCare, Inc., 'Other people depend on me and I don't want to let them down' was the most-cited (29%) reason. In the three consecutive years that LifeCare has conducted this poll, this is the first time this response topped the list." (PLANSPONSOR.com; free registration required)
Ottumwa, Iowa, Council OKs Paying Wellness Fee
Excerpt: "The City Council will pay the $55 cost per Wellness Program participant but won't give city employees a $10 per month discount on their health insurance premiums for participating in the program." (Ottumwa Courier)
Court Finds Cracks in California's Medical Leave Law
Excerpt: "The California Supreme Court has given employers some leeway to challenge workers' claims that they are entitled to 12 weeks of unpaid medical leave. The justices issued a mixed ruling Monday on the meaning of the 1993 state law that allows employees to take time off and be reinstated without penalty, when they are unable to perform basic job functions because of a serious health condition." (San Francisco Chronicle)
Obesity Costs U.S. Companies About $45 Billion Annually, Says Report
Excerpt: "The report found obesity is associated with a 36% increase in health-care spending, more than results from smoking or alcoholism. Since 34% of American adults fit the definition of obesity, cutting costs associated with the condition will challenge companies for years to come." (Financial Week; free registration required)
[Opinion] Another Glenn ERISA Amicus Brief: Arguing NonDelegation
Excerpt: "[W]e are featuring another amicus brief in Glenn that Jonathan Feigenbaum filed with Scott Riemer for the MS Society of New York City in the case. In an interesting and novel argument, they maintain that deferring to a litigant in a Section 502(a)(1)(B) denial of benefits case is an impermissible delegation of Article III duties that denies Mrs. Glenn her constitutional right to Article III adjudication. They write that they know of no other area of the law where the Federal Judiciary defers to the decision of a private litigant when deciding private rights." (Workplace Prof Blog)
[Opinion] American Benefits Council Letter to House Ways and Means Committee Opposing HSA Provision in H.R. 5719 (PDF)
2 pages. Excerpt: "Section 17 of H.R. 5719 would provide that distributions from an HSA for qualified medical expenses would be excludable from income only if they are substantiated in a manner similar to the substantiation requirements that apply to flexible spending arrangements (FSAs). This provision will unnecessarily increase administrative costs and complexity and adversely affect individuals who depend on high deductible health plans, coupled with HSAs, for health coverage." (American Benefits Council)
[Opinion] Quality Care at Bargain Prices
Excerpt: "When politicians talk of reforming the health care system to rein in costs, skeptical patients often worry that they will be forced to accept shoddy treatment in second-rate institutions. So it is a relief to learn that the famed Mayo Clinic in Minnesota and the renowned Cleveland Clinic in Ohio offer outstanding care at bargain prices -- at least compared with higher-priced, equally prestigious medical centers elsewhere." (The New York Times; free registration required)
Sponsored by: ALM
(Click on company name or banner to learn more.)
| 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. |
| (Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor) |
Links to Items on Executive Comp, Benefits in General
[Official Guidance] Text of Taxpayer Assistance and Simplification Act, H.R. 5719 (PDF)
Excerpt: "To amend the Internal Revenue Code of 1986 to conform return preparer penalty standards, delay implementation of withholding taxes on government contractors, enhance taxpayer protections, assist low-income taxpayers, and for other purposes." (U.S. House of Representatives via American Benefits Council)
[Guidance Overview] Official Summary of the Taxpayer Assistance and Simplification Act, H.R. 5719 (PDF)
3 pages. Changes related to IRAs and HSAs are included. (American Benefits Council)
[Guidance Overview] Informal Funding of Deferred Compensation Arrangements (PDF)
Pages 5-7 of 11 pages. Excerpt: "One size does not fit all. For example, a small private company may choose to informally fund its deferred compensation plans with COLI due to the pre-retirement death benefit obligation under the plans and the company's paternalistic nature and emphasis on long-range planning." (Deloitte)
House Judiciary Committee Will Hold More Hearings on Benefits Programs for Retired N.F.L. Players
Excerpt: "In releasing a 144-page report from the Congressional Research Service, the chairman John Conyers said additional government intervention was needed. The report did not make specific recommendations about how the league and the players union should change their benefits programs for retirees." (AP via The New York Times; free registration required)
Five New Members Join 2008 Advisory Council on Employee Welfare and Pension Benefit Plans
Excerpt: "The 15-member council advises Labor Department officials on issues affecting benefit plans governed by the Employee Retirement Income Security Act." (The National Underwriter Company; free registration or paid subscription required)
Older Workers Are Increasing Their Labor Force Participation and Hours of Work (PDF)
14 pages. Excerpt: "IN THE PAST 12 YEARS, A MAJOR REVERSAL of the long-run decline has occurred in the supply of labor at ages 60 and older and apparently in the demand also. Though it is difficult to judge the pace and extent of further gains in the labor force participation rates and full-time employment of these older men and women, there is reason to believe these trends will continue." (U.S. Bureau of Labor Statistics)
Newly Posted Events
2008 Annual Conference
in Maryland on September 13, 2008
presented by NAGDCA (National Association of Government Defined Contribution Administrators, Inc.)
401(k) Safe Harbor Plans, SIMPLE Plans
Nationwide on June 25, 2008
presented by McKay Hochman Co., Inc.
403(b) Plan Document Requirements and Employer Eligibility
Nationwide on September 4, 2008
presented by McKay Hochman Co., Inc.
403(b) Plans: Distributions, Hardships and Loans
Nationwide on September 25, 2008
presented by McKay Hochman Co., Inc.
403(b) Plans: Plan Design Concepts
Nationwide on October 9, 2008
presented by McKay Hochman Co., Inc.
403(b) Plans: Qualified Plan Parity, ERISA versus non-ERISA Plans, Plan Termination
Nationwide on September 11, 2008
presented by McKay Hochman Co., Inc.
403(b) Plans: Transfers, Contract Exchanges, RMD Rules
Nationwide on October 2, 2008
presented by McKay Hochman Co., Inc.
403(b) Plans: Universal Availability Rules, Catch-Up Contributions, Post-severance Compensation
Nationwide on September 18, 2008
presented by McKay Hochman Co., Inc.
ADP and ACP Testing
Nationwide on June 19, 2008
presented by McKay Hochman Co., Inc.
Automatic Enrollment Arrangements
Nationwide on July 2, 2008
presented by McKay Hochman Co., Inc.
Back-to-Basics
in Pennsylvania on May 13, 2008
presented by McKay Hochman Co., Inc.
Cash or Deferred Arrangement Rules, Deferrals, Catch-up and Matching
Nationwide on June 5, 2008
presented by McKay Hochman Co., Inc.
Corrective Distributions and 1099-R Reporting
Nationwide on May 28, 2008
presented by McKay Hochman Co., Inc.
Designated Roth Accounts, Overview of Cross-testing Rules
Nationwide on June 11, 2008
presented by McKay Hochman Co., Inc.
Distribution Triggering Events, Hardships and In-service
Nationwide on April 23, 2008
presented by McKay Hochman Co., Inc.
Eligible Rollover Distributions, Portability and Rollover Rules, QJSA Rules and Disability Distributions
Nationwide on April 30, 2008
presented by McKay Hochman Co., Inc.
Managing in an Employee-Owned Company
in District of Columbia on June 1, 2008
presented by Beyster Institute
Participant Loans
Nationwide on May 22, 2008
presented by McKay Hochman Co., Inc.
QDIA and 401(k) Disclosures
Nationwide on July 10, 2008
presented by McKay Hochman Co., Inc.
Qualified Plan Deceased Payments, Beneficiary Rules and Issues
Nationwide on May 15, 2008
presented by McKay Hochman Co., Inc.
Required Minimum Distributions
Nationwide on May 8, 2008
presented by McKay Hochman Co., Inc.
Retirement Plan Insights
in Pennsylvania on May 13, 2008
presented by McKay Hochman Co., Inc.
Newly Posted Press Releases
U.S. Labor Department Unveils Online Video to Help Small Employers Select Appropriate Retirement Options
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Non-Profits Perplexed by Sweeping New Retirement Plan Regulations
Principal Financial Group
Retirement Security of Thousands Jeopardized by Treasury Action
Pension Rights Center
John Hancock Retirement Plan Services Officially Launches New 401(k) Guaranteed Income for Life Rider
John Hancock Retirement Plan Services
Newly Posted or Renewed Job Openings
(Post a Job | View All Jobs |
RSS Feed )
401k Administrator
for Vanguard
in PA
Relationship Manager - Defined Contribution Plans
for Vanguard
in PA
Assistant Claims Manager
for H.E.R.E.I.U. Welfare Fund
in IL
Pension Manager
for UFCW-Employers Benefit Plans of Northern California
in CA
VP, Retirement Sales
for Raymond James
in FL
Custom Processing Specialist
for Citi
in ME
Senior Participant Accountant
for Citi
in ME
Payroll Processing Specialist
for Citi
in ME
Pension Administrator
for Prestigious Long Island Firm
in NJ
Sr Analyst HR Benefits
for Altria Client Services
in VA
Relationship Manager - Defined Contribution Plans
for Vanguard
in AZ
Handy Links:
- View Today's Active Message Threads
- Using the Web for Employee Benefits Research (hypertext article)
- Employee Benefits Library
Subscribe to the BenefitsLink Retirement Plans Newsletter, Too!
Sign-up form is at https://benefitslink.com/newsletter (free).
This newsletter is sent to you each workday except federal holidays.
This email has been published by:
BenefitsLink.com, Inc.
1298 Minnesota Avenue, Suite H
Winter Park FL 32789
(407) 644-4146
Fax: (407) 644-2151
David Rhett Baker, J.D., Editor
Copyright 2008 BenefitsLink.com, Inc.; except that you can forward this email in full (including this boilerplate part) or otherwise reprint this email in full (including this boilerplate part) without obtaining our permission.
Anyone can receive these emails; just have them sign up at this web page: https://benefitslink.com/newsletter/
Other useful links: