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March 18, 2009 |
| Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy. |
Employee Benefits Institute of America (EBIA) (Advert.)
EBIA's In Person Seminar Series Look to EBIA for education and training on Cafeteria Plans, ERISA, COBRA, HIPAA, and Consumer-Driven Health Care. EBIA's spring seminars will include all the latest employee benefits developments, including the new COBRA premium assistance and changes to the HIPAA special enrollment, privacy, and security requirements. For information about CE credit, course materials, speakers, locations, and agenda details, and to register, please visit EBIA's In Person Seminars. |
[Guidance Overview]
Department of Labor: Employees May Be Required to Use Accrued Vacation During Shutdown Periods
Excerpt: "A recent Department of Labor (DOL) opinion letter provides some relief for employers. It states that an employer may require exempt employees to use their accrued vacation during a shutdown of less than one workweek, without jeopardizing the employee's exempt status or otherwise violating the Fair Labor Standards Act (FLSA). The DOL explained that '[s]ince employers are not required under the FLSA to provide any vacation time to employees, there is no prohibition on an employer giving vacation time and later requiring that such vacation time be taken on specific day(s).' Thus, 'the employer may require exempt employees to use accrued vacation time for any absence, including one resulting from a plant shutdown, without affecting their exempt status, provided that employees receive a payment in an amount equal to their guaranteed salary.'" (Pepper Hamilton LLP)
[Guidance Overview]
Stronger Protections for Health Information (PDF)
3 pages. Excerpt: "A key part of the fiscal stimulus package (the 'Act'), signed by President Obama into law on February 17, 2009, included sweeping changes to the health information privacy and security provisions promulgated under the Health Insurance Portability and Accountability Act of 1996 ('HIPAA'). Many of these new protections will take effect February 17, 2010 (one year after enactment of the Act); however, some have their effective dates delayed until the Department of Health and Human Services ('HHS') provides specific guidance. The Act calls for guidance in several areas, so increased rulemaking activity should be expected from HHS in the coming months." (Paul, Hastings, Janofsky & Walker LLP)
[Guidance Overview]
HIPAA Changes Leading to New Era of Electronic Health Data (PDF)
6 pages. Excerpt: "HIPAA Security Rules. Starting on February 17, 2010, follow the HIPAA security rules previously applicable only to covered entities. Business associates will be required to appoint a security officer; develop written security policies and procedures; adopt administrative, physical and technical safeguards for PHI; and train its workforce on how to protect PHI. HHS is required to issue guidance on appropriate technical safeguards for PHI." (Thompson Hine LLP)
[Guidance Overview]
New Jersey Department of Labor Issues Interpretive Regulations for Newly Implemented Paid Family Leave Law
Excerpt: "The new law became effective January 1, 2009, when employee contributions commenced. Eligible employees can take advantage of the law's leave benefits beginning July 1, 2009. The law provides eligible employees with up to six weeks of paid leave during any 12-month period /1/ to care for a sick family member or to bond with a newborn or a newly adopted child. The new regulations address a number of subjects including private plan approvals, employer notice requirements, claim filing and payment procedures, paid leave in lieu of FLI benefits, reduction of benefits under various circumstances and intermittent leave." (Littler Mendelson P.C.)
[Guidance Overview]
The EEOC's Proposed Regulations on Genetic Information Nondiscrimination (PDF)
3 pages. Excerpt: "The Genetic Information Nondiscrimination Act of 2008, which restricts the use of genetic information by health plans and employers, was signed into law last year. Title II of the new law prohibits employment discrimination based on genetic information, and restricts employers and certain other entities from acquiring and disclosing such information. The EEOC has now issued proposed regulations on Title II." (Buck Consultants)
[Guidance Overview]
Court Affirms No Benefits for Death of Unlicensed, Intoxicated Teenage Driver
Excerpt: "The 6th U.S. Circuit Court of Appeals has affirmed an accidental death plan's decision, and a lower court's ruling, that a plan participant is not due benefits for the death of her son in a car crash. According to the court opinion, the 15-year-old boy was unlicensed and intoxicated when he was trying to evade police, leading them on a high-speed chase in a stolen vehicle. The plan determined that the boy's death was not an accident because a reasonable person could not expect to come out of that situation unscathed." (PLANSPONSOR.com; free registration required)
Some Companies Offering Surprising New Benefits
Excerpt: "Here's some news you don't read very often these days: Employers are fattening up perks and benefits for the little guy. . . . [E]ven as the downturn has deepened in recent months, companies including Intel, Discovery Communications, Brown-Forman, USAA, Yum! Brands and Cardinal Health have unveiled such new benefits for the rank and file as child-care centers, backup child care, scholarships for employees' kids, concierge services, adoption benefits and expanded health care." (The Wall Street Journal)
Some Relief from the High Cost of Health Insurance
Excerpt: "Relief for millions of unemployed workers came on Feb. 17 with the American Recovery and Reinvestment Act of 2009 as part of the government's economic stimulus package. The new rule says eligible terminated employees will pay 35% of the premium to their former employer's health plan. The employer will subsidize 65% of COBRA premiums for up to nine months; in return the employer will receive a tax credit." (BusinessWeek)
Team Effort in the House to Overhaul Health Care
Excerpt: "Three powerful House committee chairmen have agreed to work together on legislation to overhaul the health care system, starting with the view that most employers should help finance coverage and that the government should offer a public health insurance plan as an alternative to private insurance." (The New York Times; free registration required)
Wellness Programs 'Vital' During Difficult Times, According to Survey
Excerpt: "Many employers are increasing their employee wellness communications and most expect wellness budget cuts will be no greater than other cutbacks, because these programs help employees cope with issues brought about by the economic downturn, according to a survey by Buck Consultants." (PLANSPONSOR.com; free registration required)
Health Care Reform Legislation Likely to Include Tax on Employees' Health Benefits
Excerpt: "The White House Office of Management and Budget estimates that the tax exemption, which helped create the employer-based health care system during World War II, will cost the federal government $174 billion in lost tax receipts in 2009, making it a policy target for health care reform." (Workforce Management; free registration required)
Comparison Shopping for Medicine: Obama's Stimulus Package Funds Research on Cutting Costs
Excerpt: "To help doctors and patients decide, President Obama has dedicated $1.1 billion in the economic stimulus package for federal agencies to oversee studies on the merits of competing medical treatments. The approach, known as comparative effectiveness research, is aimed at finding the best treatments at the best prices. Proponents say reducing ineffective or unproven care is one way to rein in health costs, which consume nearly 18 percent of the gross domestic product, straining family budgets, company profits and the federal government." (The Washington Post; free registration required)
[Opinion]
Fat People Should Pay More for Healthcare
Excerpt: "Remember that to be held responsible, one must be in control. You cannot be held responsible for things over which you have no control. Is there personal responsibility in healthcare? For the insurance company and for the provider, there IS, but not for the patient. Insurance companies are behaving responsibly. Wait! Do not start ranting about how crazy or wrong I am. When an insurance company tries to deny care and thereby avoid payment, they are behaving responsibly - to their shareholders, the people to whom they have a responsibility to make money. The company has no responsibility for our health and wellbeing. If you do not like this arrangement (and I certainly don't), then change the system but do not say insurance companies are irresponsible." (HuffingtonPost.com, Inc.)
EmployeeBenefitsJobs.com (Advert.)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]An Important Decision on Risk from the Delaware Chancery Court
Excerpt: "Late last month, another important case for executive compensation professionals came out of the Delaware Chancery Court. The In re Citigroup Inc. Shareholder Litigation case touches two distinct areas of importance. First, the case reaffirms Delaware law established by the In re Caremark Int'l Inc. Derivative Litig., 698 A.2d 959 (Del. Ch. 1996) decision, with respect to Board of directors' oversight responsibilities." (Michael S. Melbinger via Winston & Strawn LLP)
The Principal Financial Well-Being Index Survey Summary, First Quarter 2009
Excerpt: "Benefits: The availability of health insurance, defined contribution plans, life insurance, free parking tuition reimbursement, flex time, defined benefit plans, child care subsidies, and on-site day care have decreased significantly when compared to 1st quarter 2008. Employees continue to rate health insurance as the most important benefit, followed by defined contribution plans, dental insurance, disability insurance, and defined benefit plans. Health insurance is the benefit most employees would like to see their company improve upon." (Principal Financial Services, Inc.)
Webcasts and Conferences
(Click to post your webcast or conference)Department of Labor - Are You Prepared for Form 5500 Changes and Electronic Filing? Webcast
Nationwide on April 2, 2009
presented by International Foundation of Employee Benefit Plans
Is the “Chihuahua” Ready to Put Some Bite in Its Bark? Have the Practices of Board Compensation Committees Responded to the 2004 Criticisms of Mr. Buffett? - Webcast
Nationwide on March 20, 2009
presented by BNA, Inc.
Press Releases
(Click to post your press release)U.S. Labor Department Sues Fiduciaries of McHenry, Illinois-based Company to Recover 401(k) Profit Sharing Assets
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
New Survey: Three Out of Five Employers Maintain 401(k) Match Despite Economic Crisis
American Benefits Council
Groups Launch Retirement USA Initiative, Establish Principles for a Visionary Retirement Income System
Pension Rights Center
Seyfarth Shaw Adds Team of Employee Benefits & Executive Compensation Attorneys to New York Office
Seyfarth Shaw LLP
Employee Benefits Jobs
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Pension Specialist
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in TX
EmployeeBenefitsJobs.com (Sponsor)
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