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| July 11, 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] Genetic Information Nondiscrimination Act of 2008 Alert (PDF)
3 pages. Excerpt: "The Genetic Information Nondiscrimination Act (GINA) of 2008, new legislation aimed at preventing insurance providers, employers, employment agencies, and labor organizations from discriminating on the basis of an individual's genetic information, was recently signed into law. The provisions of GINA that impact employers will go into effect in November 2009 (18 months after GINA was enacted). Employers should start to take steps to ensure compliance with this new legislation." (Winston & Strawn LLP)
[Guidance Overview] Eighth Circuit Relies Upon Pre-Glenn Precedent in Evaluating Disability Claim
Excerpt: "The Eighth Circuit approach to addressing conflicts of interest was set forth in Woo v. Deluxe Corp., 144 F.3d 1157, 1160 (8th Cir. 1998). In the a post-Glenn claim for disability benefits decision, the Eighth Circuit determined that the approach taken in Woo still works acceptably in light of the Glenn opinion." (Health Plan Law blog by Attorney Roy F. Harmon III)
[Guidance Overview] Recent IRS Guidance on Health Savings Accounts (PDF)
Excerpt: "The Internal Revenue Service recently issued three notices providing guidance on Health Savings Accounts. The guidance addresses rollovers to HSAs from IRAs and Roth IRAs, HSA contribution limits, and various technical questions about many aspects of HSAs. The three notices are summarized in the [target] article." (Groom Law Group)
[Guidance Overview] Fourth Circuit Addresses Plan Language Necessary to Secure Deferential Standard of Review
Excerpt: "Language in a long term disability plan that merely designated who must make benefits determinations and the timing of those determinations was not sufficient to trigger a deferential standard of judicial review of the plan administrator's denial of LTD benefits. This was the ruling of the Fourth Circuit U.S. Court of Appeals in Woods v. Prudential Insurance Company of America (No. 07-1580)." (Wolters Kluwer)
[Guidance Overview] Ninth Circuit Shoots Down Claim for Copying Charges in Disability Case
Excerpt: "Mitchell Sgro applied for disability benefits from MetLife, which decided benefit claims for his employer's ERISA plan. Sgro asserted that MetLife refused to evaluate his claim because he did not send copies of medical records. Sgro eventually paid $412 for the copies. MetLife denied his claim after receiving them." (ERISA on the Web)
Benefits to Protect— and Add— During Economic Downturns
Excerpt: "There are five employee benefits that should be protected during down times, and they have one thing in common: personal accountability. These benefits use company resources to provide long-term advantages to both the organization and the employee – but only if the employee is willing to meet the organizational investment with his or her own efforts." (Employee Benefit News; free registration required)
Audio and Text: France at Forefront of Free, Innovative Cancer Care
Excerpt: "Everyone in France gets health insurance. When someone has a difficult disease, such as cancer, the national health system steps in and pays for 100 percent of the care. Unlike in the United States, insurance in France is not linked to employment, nor is there a lifetime limit on how much treatment a long-term survivor like Hubert can get." (All Things Considered via National Public Radio)
Audio and Text: France's Model Health Care for New Mothers
Excerpt: "In France, [one finds] affordable health care that's easy to get and easy to use. Medications are provided free or at a deep discount by the national health insurance system. National insurance also reimburses 70 percent of the cost of a visit to a doctor. The rest gets picked up by supplemental insurance . . . . Almost 90 percent of people in France have supplemental insurance, and it's often paid in full or in part by one's employer." (Morning Edition via National Public Radio)
Employer Health-Incentive Use Increasing
Excerpt: "Two recent studies found hikes in the number of employers using incentives to encourage workers to participation in wellness initiatives. Lowering healthcare costs and improving productivity are the underlying aims, experts say." (Human Resource Executive Online)
New York Civil Liberties Union Sues Health Insurer Over Coverage Denial
Excerpt: "The state Supreme Court lawsuit accuses Blue Cross & Blue Shield of Western New York of discriminating based on se.xual orientation and of breaching its contract with the Cheektowaga Central School District, which employs one of the women." (AP via Yahoo! Finance)
Sen. Kennedy Wins Fight Against Creeping Privatization of Medicare
Excerpt: "[Ted Kennedy, who is fighting a brain tumor, made a dramatic appearance on the Senate floor, casting the decisive vote on the Medicare payment bill] amid cheers from his colleagues. . . . But the vote was bigger than the theatrics. It was the first major health care victory that Democrats have won in a long time. And it was enormously encouraging for advocates of universal health care." (The New York Times; free registration required)
Massachusetts Man Loses ERISA Case Over $479 Dental Bill
Excerpt: "'Under ERISA a fund cannot pay benefits that are not authorized under the health plan.'" (The Salem News)
NPR Series Examines Health Care Systems in Five European Nations
Excerpt: "NPR, in series titled 'Health Care for All,' recently examined the health care systems in five European nations, which have lower health care costs than the U.S. and provide a higher quality of care on several measures." (Kaiser Family Foundation)
House Members Introduce Companion to Universal Health Insurance Bill Sponsored by Sen. Wyden
Excerpt: "Reps. Debbie Wasserman Schultz (D-Fla.) and Jo Ann Emerson (R-Mo.) on Wednesday introduced a companion bill (HR 6444) to Senate legislation (S 334) that would establish a universal health insurance system in the U.S. . . . . The Senate bill, sponsored by Sens. Ron Wyden (D-Ore.) and Bob Bennett (R-Utah), would effectively replace the employer-sponsored health care system with a system in which individuals would purchase private health insurance through state-administered purchasing pools. The legislation would require all residents to obtain health insurance. Wyden in April modified the bill to allow employers to continue to provide health insurance . . . . The employer provision also was added to the House measure on Wednesday." (Kaiser Family Foundation)
[Opinion] Five Good Reasons to Increase Health Coverage for Parents (PDF)
4 pages. Excerpt: "This fact sheet discusses five good reasons why states should strengthen the health and economic security of families by expanding health coverage for parents. As families cope with economic hardship and limited resources, states can use the proven strategy of parental coverage to ensure that every hard-working American family has access to the health services it needs." (Families USA)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview] IRS Provides Guidance on Proper Income Tax Withholding for Nine Common Supplemental Wage Payment Scenarios
Excerpt: "For each of the situations discussed, the IRS assumes that there is no constructive receipt or constructive payment of wages before the actual payment of wages, that no amounts are required to be included in income under section 409A before the actual payment of wages, and that all payments are made on or after January 1, 2007." (Littler Mendelson P.C.)
[Guidance Overview] New Jersey Supreme Court Holds Deferred Compensation Plans with Forfeiture Provisions Lawful
Excerpt: "On June 25, 2008, the New Jersey Supreme Court issued its decision in Melvin Rosen v. Smith Barney, Inc. (A-49-07), holding that deferred compensation plans with vesting periods and forfeiture provisions do not violate New Jersey's wage and hour law or public policy." (Littler Mendelson P.C.)
[Guidance Overview] Deadline for 409A Compliance Fast Approaching
Excerpt: "The cost for non-compliance with Section 409A can be very high. NQDC plans that do not comply with Section 409A are subject to the immediate taxation of all vested amounts deferred, including earnings, for all years in all similar plans plus interest plus a 20% penalty tax. Additionally, Section 409A does not provide any exceptions to this penalty calculation for de minimus violations." (Aiken and Aiken)
Non-Qualified plan Participants Demand Communication Account Tools
Excerpt: "A survey co-sponsored by executive benefits consulting firm MullinTBG and PLANSPONSOR found that 69% of NQDC sponsors ask third-party recordkeepers to furnish account services such as online information tools, an on-demand benefit statement, online enrollment, and access to call centers." (PLANSPONSOR.com; free registration required)
Newly Posted Events
403(b) Myth Busting and the Latest IRS Guidance on the Coming Regulations Webcast
Nationwide on August 27, 2008
presented by National Institute of Pension Administrators
Newly Posted Press Releases
Survey Suggests Incentives That Might Persuade Older Workers to Delay Their Decision to Retire
Employee Benefit Research Institute (EBRI)
Survey: Employee Retirement Brings New Challenges
American Benefits Council
SEI Launches Suite of Target-Date Portfolios for Defined Contribution Plans
SEI
Experts Tell Congress Pension Funds Are Economic Engines, Provide Critical Investment Capital
National Institute on Retirement Security
Paychex Named Preferred Retirement Services Provider for Members of the AICPA
Paychex
Newly Posted or Renewed Job Openings
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Actuary - White Plains
for Retirement System Group Inc.
in NY
Senior Defined Benefit Change Work Analyst
for Constantin Control Associates
in NJ
Manager – Conversions & Implementations
for The Standard
in ANY STATE
Employee Benefits Consultant
for Benefit Consulting Group, Inc.
in NY
401(k) Administration Assistant/Takeover Coordinator
for Florida Pension Consultants
in FL
Handy Links:
- View Today's Active Message Threads
- Using the Web for Employee Benefits Research (hypertext article)
- Employee Benefits Library
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