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[Guidance Overview] Sixth Circuit Refuses To Vest Health Care Benefits Before Active Union Workers Actually Retire (PDF) Excerpt: "In a rare retiree benefits decision favorable to employers, the Sixth Circuit refused yesterday to find that a long-expired labor contract (CBA) between Caterpillar Inc. and the United Automobile Workers of America ('UAW') vested (i.e., guaranteed) lifetime retiree health care benefits for active workers when they became eligible for pensions and years before they actually retired. Winnett v. Caterpillar Inc., 2009 WL 170598 (6th Cir. 2009)." (Seyfarth Shaw LLP via American Benefits Council) COBRA Provisions in Economic Stimulus Legislation (PDF) 2 pages. Excerpt: "[January 28], the House of Representatives passed an economic stimulus plan that includes an expansion to the COBRA rules. The Senate is considering a separate economic stimulus bill, which also contains COBRA provisions. The COBRA provisions in the legislation that the House passed and that the Senate is currently considering differ, as summarized [in the target document]." (Groom Law Group) House Passes COBRA Expansion as Part of Stimulus Package Excerpt: "Legislation approved by the U.S. House of Representatives as part of a stimulus package could require employers to offer COBRA health care coverage for former employees for decades. Business Insurance reports that the COBRA provisions, embedded in the stimulus package that was approved on a 244-188 vote, would allow employees who stop working as young as age 55 to retain COBRA coverage until becoming eligible for Medicare when they turn 65, regardless of how long they worked for the employer. In addition, any employee who worked at least 10 years for a company could keep COBRA until eligible for Medicare - extending the coverage for more than a decade for younger workers." (PLANSPONSOR.com; free registration required) How EMC Corporation Uses Technology to Drive Engagement Up and Health Costs Down (PDF) 5 pages. Excerpt: "In 2002, medical plan redesigns and cost shifts had not achieved a sustainable cost solution so, in alignment with EMC's 'spirit of innovation,' the company created a five year plan to leverage new technologies into health benefits for higher-quality care and cost efficiencies. EMC embarked on its 'connected health' strategy, hoping to engage employees in health self-management through a series of initiatives, starting with 'high touch' and evolving to 'high tech and high touch.'" (Towers Perrin) [Opinion] Single Payer/Medicare for All: An Economic Stimulus Plan for the Nation (PDF) 30 pages. Excerpt: "Establishing a national single-payer style healthcare reform system would provide a major stimulus for the U.S. economy by creating 2.6 million new jobs, and infusing $317 billion in new business and public revenues, with another $100 billion in wages into the U.S. economy, according to the findings of a groundbreaking study released . . . ." (Institute for Health & Socio-Economic Policy via National Nurses Organizing Committee/California Nurses Association) [Opinion] Multiple Agendas for Controlling Health Care Costs Excerpt: "The problem of health care costs will be central to both the health care reform and entitlement discussions, whether they are separate or joined in a new way. It will be important to keep clearly in focus in these debates that controlling health care costs can mean very different things to a health economist or a deficit hawk or to the public; to keep the public's agenda in mind at all times or risk jeopardizing voter support; and to make an effort to address the different agendas in health care cost containment comprehensively rather than in the usual piecemeal fashion." (Kaiser Family Foundation) [Opinion] With the Nation Preoccupied by the Financial Crisis, Democrats Have Been Quietly Working to Nationalize Health Care Excerpt: "This was the real accomplishment of this week's House vote for the $819 billion 'stimulus,' and is the overriding theme of Congress's first month. With the nation occupied with the financial crisis, and with that crisis providing cover, Democrats have been passing provision after provision to nationalize health care. If Democrats learned anything from the HillaryCare defeat, it was the danger of admitting to their wish to federalize the health market. Since returning to power, they've pursued a new strategy: to stealthily and incrementally expand government control." (The Wall Street Journal) [Opinion] The Magnitude of the Looming Health Care Disaster Excerpt: "The whole world is in recession. But the United States is the only wealthy country in which the economic catastrophe will also be a health care catastrophe -- in which millions of people will lose their health insurance along with their jobs, and therefore lose access to essential care. Which raises a question: Why has the Obama administration been silent, at least so far, about one of President Obama's key promises during last year's campaign -- the promise of guaranteed health care for all Americans?" (The New York Times; free registration required) EmployeeBenefitsJobs.com (Sponsor) (Click on company name or banner to learn more.)
Links to Items on Executive Comp, Benefits in General [Guidance Overview] IRS Guidance on Deferred Compensation from Offshore Funds (PDF) 5 pages. Excerpt: "On January 8, the Internal Revenue Service (IRS) issued preliminary guidance on the taxation of deferred compensation from offshore investment partnerships and other tax-indifferent entities. Notice 2009-8, which is intended to provide interim guidance under Internal Revenue Code Section 457A until formal regulations are adopted, answers critical questions raised after the initial enactment of Section 457A and affirms that Section 457A is intended to have a wider scope in many respects than the counterpart provision on deferred compensation, Section 409A." (Pillsbury Winthrop Shaw Pittman LLP) [Guidance Overview] New Tax Rules Proposed for Employee Stock Purchase Plans Excerpt: "The Internal Revenue Service and Treasury Department have proposed new regulations for Internal Revenue Code ('Code') Section 423 employee stock purchase plans ('ESPPs'). The proposed regulations are the first comprehensive update of existing ESPP tax rules that have been in effect since the 1960s. In addition, the proposed regulations contain important guidance for employers that maintain or that are considering implementing ESPPs. The proposed regulations are scheduled to become effective on January 1, 2010 but may be relied on for periods prior to that date." (McGuireWoods LLP) [Guidance Overview] Net Exercise of Stock Options Becomes Attractive as Result of Changes in Accounting Standard (PDF) 2 pages. Excerpt: "Conclusion: Because of the positive changes provided by new accounting standards, net exercises of stock options are an attractive and practical benefit. Net exercises are administratively less burdensome for the sponsor and a cost-free additional benefit for participants. Before implementing any net exercise provisions, companies should consider the tax, securities law, accounting and plan amendment issues that may be implicated by a new net exercise provision." (Kelly, Hannaford & Battles P.A.) Case Law and Recommendations on Contingent Workers and Employee Benefits (PDF) Excerpt: "The author reviews case law developments and offers recommendations on how companies and contingent workers might best deal with the issues involved. This is an update of an earlier version of this chapter for the third edition of ERISA Litigation, published by The Bureau of National Affairs in 2008, incorporating all legal developments that occurred through the end of 2007." (The Bureau of National Affairs, Inc. via Janich Law Group) ERISA Fiduciary Liability Risks Loom Large in Times of Financial Crisis Excerpt: "The Insurance Journal has published a very useful article by Brian S. Martin, partner in the Insurance and Coverage section of the Houston office of Thompson, Coe, Cousins & Irons L.L.P. The article provides an overview of several areas of risk in the employment setting and insurance coverages which may aid in managing those risks." (Health Plan Law) Newly Posted Events Avoiding 401(k) Mistakes - A Common Sense Approach Nationwide on February 5, 2009 presented by ASPPA (American Society of Pension Professionals & Actuaries) It's My Money and I Want it Now! Nationwide on February 19, 2009 presented by ASPPA (American Society of Pension Professionals & Actuaries) Newly Posted Press Releases White Paper 'The Successful Retirement Advisor Part II' Published MassMutual Retirement Services New Tools Help With New Retirement Plan Reporting Rules Principal Financial Group BLAZE SSI & George Taylor Announce GTS OnDemand BLAZE SSI Corp. Altigro Acquires Global Pension Services Altigro Pension Services 401k Rating System and Disclosure Website Launched BrightScope Swiss Re's Employer Stop Loss Product Offers US Companies Cost Savings for Self-Funded Health Insurance Plans Swiss Re Newly Posted or Renewed Job Openings
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