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March 30, 2009 |
| Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy. |
University Conference Services (Advert.)
Solving the Puzzle of Managing Health Care Benefits Today Managing your organization’s health and welfare plans can be compared to assembling a giant jigsaw puzzle —and never more so than in the current economic environment. Do you have all the pieces? How do they fit together? The Chicago Health and Welfare Plan Management for Mid-Sized Employers Conference, June 7–10, is the ideal place to turn the jigsaw pieces of your plan into a complete picture. |
[Guidance Overview]
Changes to Group Health Plans Required by CHIPRA Take Effect April 1, 2009 (PDF)
4 pages. Excerpt: "The Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA) extends and expands the State Children's Health Insurance Program (CHIP). . . . The legislation permits (but does not require) states to subsidize premiums for employer-sponsored group health coverage for eligible children and families. The new law also establishes two new special enrollment rights for employees and their dependents who gain or lose Medicaid or CHIP coverage. In addition to these new special enrollment rights, CHIPRA establishes new notice and disclosure obligations for employers that maintain group health plans." (Pillsbury Winthrop Shaw Pittman LLP)
[Guidance Overview]
IRS's Guidance Regarding COBRA Subsidy Reporting Requirements
Excerpt: "The information outlined [in the target page] highlights recent Internal Revenue Service ('IRS') guidance on the reporting requirements employers must follow to obtain reimbursement of the COBRA subsidy from the government." (McGuireWoods LLP)
[Guidance Overview]
DOL's New Model COBRA Notices Explain COBRA Premium Subsidy (PDF)
5 pages. Excerpt: "[T]he U.S. Department of Labor (DOL) on March 19 finally issued model notices to comply with the premium subsidy provisions under the American Recovery and Reinvestment Act of 2009 (ARRA). Following is a discussion of the pros and cons of the notices and action steps that employers and plan administrators should begin to take." (Thompson Publishing Group via McDermott, Will & Emery LLP)
[Guidance Overview]
ERISA Fiduciary Breach Based Upon Misrepresentation Claim Survives Where Equitable Estoppel Claim Fails
Excerpt: "This case arises out of a diminution of insurance coverage promised to eligible retirees under a group benefit plan. The plan contained a reservation of the right to amend the plan and the Court previously dismissed a claim based upon equitable estoppel. So the question before the Court in the present context is this: Can a claim of breach of fiduciary duty for misrepresentation survive where a claim for equitable estoppel did not? The answer, at least at the motion to dismiss stage of the case, is that it can." (Roy Harmon III via Health Plan Law)
[Guidance Overview]
Regulators Discuss COBRA Subsidy; New IRS Guidance Out Soon
Excerpt: "The Internal Revenue Service should issue new guidance on the COBRA subsidy payments by next week, according to Russ Weinheimer of the IRS's Office of Chief Counsel, who spoke at a Compliance Assistance Webcast sponsored by the Department of Labor's Employee Benefit Security Administration (EBSA) on March 24." (Wolters Kluwer)
[Guidance Overview]
DOL's Archive of COBRA Premium Reduction Compliance Webcast, Providing New Information on Notices and More
Excerpt: "EBIA Comment: Those working with the COBRA subsidy will want to listen to the entire webcast, which provides helpful information about many practical issues. There has been some confusion about who should receive the full version of the general notice; based on the webcast, it appears that employers and administrators should follow the instructions on the DOL's COBRA ARRA Model Notices webpage, rather than the instructions on the top of that notice or in the DOL's Notice (of the availability of the ARRA model notices) that appeared in the March 20, 2009 Federal Register . . . ." (Employee Benefits Institute of America)
[Guidance Overview]
IRS's Additional Q&As on Administering the COBRA Premium Assistance Subsidy
Excerpt: "EBIA Comment: The IRS's effort to anticipate and address in these Q&As the types of concerns that most employers will encounter in administering the COBRA premium subsidy, is much appreciated. We note that for ease of reference, the Q&As are now grouped into four separate categories ('Administration and Eligibility,' 'Form Preparation,' 'Reporting and Documentation,' and 'Taxability and Recapture'), and each Q&A is now numbered and dated (the most recently added ones are dated March 19, 2009)." (Employee Benefits Institute of America)
A Lesson on Health Care from Massachusetts
Excerpt: "Mr. Obama's strategy is to sell the expansion of access -- largely through public insurance programs -- as inseparable from serious efforts at innovation and restraint. This month, he pointedly opened a White House forum on health care by asserting that exploding costs pose 'one of the greatest threats not just to the well-being of our families and the prosperity of our businesses, but to the very foundation of our economy.'" (The New York Times; free registration required)
Opposition to Request for Stay Filed with SCOTUS in Health Benefits Case
Excerpt: "We've blogged about the 9th Circuit case of Golden Gate Restaurant Ass'n v. City an County of San Francisco . . . . Most recently, the 9th Circuit denied a petition for rehearing . . ., and the restaurant association applied for a stay in the Supreme Court, pending resolution of the certiorari process. [On March 27], the defendants filed [a] joint response to that motion . . . . Essentially, the defendants argue that the medium and large employers covered by the program have been complying with the healthcare spending requirements for 15 months, and there is no sign that any business is being harmed by it. The application is before Justice Anthony M. Kennedy as Circuit Justice; it is up to him to decide the stay issue himself or to refer it to his colleagues for action." (Workplace Prof Blog)
Health Care Reform Getting More Support, but Funding Coverage Still Sticking Point
Excerpt: "A coalition of hospitals, insurers, employers, physicians, drug makers and consumers released a report yesterday endorsing a set of policy changes that could cut in half the number of uninsured Americans. Most notably, the group, known as the Health Reform Dialogue, calls for creating an 'individual mandate' that would require every American to have some type of health coverage. Anyone who cannot afford insurance would be eligible for subsidies or expanded government programs such as Medicaid." (The Washington Post; free registration required)
Wal-Mart/Caterpillar Prescription Drug Price Program May Drive Down Employer Health-Care Costs
Excerpt: "Wal-Mart Stores Inc., the world's largest retailer, is aiming its economic might at the health-care industry with a program that lowers prescription drug prices for employers. A pilot program with Caterpillar Inc. to streamline the way drugs are purchased has shown enough promise that Wal-Mart is in talks with several other firms to do the same, the companies said Friday." (Chicago Tribune)
FMLA Is #1 Employment Law Headache, According to Poll
Excerpt: "Far and away, the Family and Medical Leave Act (FMLA) causes bigger headaches for human resource professionals than any other federal employment-related law, according to a recent poll on HR.BLR.com and Compensation.BLR.com. When asked 'Which federal employment-related law gives you the biggest headache?,' nearly half of respondents -- 49 percent--said it was FMLA." (Business & Legal Reports, Inc.)
Paid Family Leave Legislation Introduced in the House
Excerpt: "Four lawmakers have introduced legislation in the U.S. House of Representatives to provide 12 weeks of paid benefits to workers who need to take time off to care for an ill family member or a new child, or because of their own illness. According to a press release, Representatives Pete Stark (D-California), George Miller (D-California), Lynn Woolsey (D-California) and Carolyn Maloney (D-New York) introduced the Family Leave Insurance Act of 2009, which builds on the Family and Medical Leave Act." (PLANSPONSOR.com; free registration required)
Senate Panel Hears from Witnesses Detailing Insurer Practices That Limit Transparency of Payment Rates
Excerpt: "Witnesses at a Senate Commerce, Science and Transportation Committee hearing on Thursday discussed the need for increased consumer protections that would limit the practice of insurers underpaying for out-of-network medical services, CQ HealthBeat reports." (Kaiser Family Foundation)
Clark Memorial Hospital Says Workers Who Smoke Must Take-Up Program or Pay Up
Excerpt: "A new policy at Clark Memorial Hospital will make sure that education pays for its tobacco-using team members. Employees who identify themselves as smokers have until May to complete a smoking-cessation and education program provided by the state. Those that fail to do so will have a tobacco-use surcharge deducted from their bi-weekly paycheck." (The Evening News and The Tribune (Jeffersonville, Indiana))
[Opinion]
Are Private Health Insurers Really Giving Up Much Ground?
Excerpt: "Earlier this week, insurers sent a letter to Congress this week offering to phase in 'community rating' as long as legislators enact 'an effective, enforceable requirement that all Americans assume responsibility to obtain and maintain health insurance. Laszlewski translates: 'as long as the federal government mandates that all men, women, and children in America have to be in the risk pool we'll take the underwriting risk.'" (The Century Foundation)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]409A Correction Chart
Excerpt: "Last December, the IRS announced an expanded correction program for certain operational errors under Code section 409A. Correction of an error under this program can eliminate, or greatly reduce, the adverse tax consequences for affected executives. Importantly, the IRS program provides an expanded ability to correct errors in past years, but only during 2009. The attached chart summarizes key features of the different correction mechanisms available under the IRS program and outlines generally applicable requirements." (Groom Law Group)
Outplacement Becomes a Coveted Benefit in These Hard Times
Excerpt: "As mass layoffs become more common, Nielsen [Business Media] is just one of the employers offering outplacement services to employees. Once thought of as a benefit for only top executives, today these services are mainstream, says Kevin Gagan, executive vice president in charge of strategy and practice development at Lee Hecht Harrison, a Woodcliff Lake, New Jersey-based provider of outplacement services. These offerings, which range from online-only services to face-to-face coaching, can cost anywhere from $1,000 to several tens of thousands of dollars per employee. But it appears that many employers believe in the return on investment. A recent Lee Hecht Harrison study of 1,000 HR executives found that the top reason their companies use outplacement is to maintain positive relationships with employees." (Workforce Management; free registration required)
Aging Boomers Require Workplace Flexibility, Says American Management Association
Excerpt: "[Ed Reilly] recently spoke with Workforce Management staff writer Ed Frauenheim. Workforce Management: Why should companies care about demographic changes? Ed Reilly: There's no question that over the next several years, the group of people who are 30 to 45 years old will assume the management positions in America, and this group is smaller in number than the baby boomers." (Workforce Management; free registration required)
Overview of Severance Pay Studies
Excerpt: "[E]ven with today's woeful economic conditions, some recently released studies point out that many employers are resorting to a kinder, gentler strategy when letting employees go. And the experts behind those reports say that such a strategy makes sense because a critical part of the severance process is that, if you do it poorly, the damage could run deep, hurting a company both internally right now, and later externally, when it comes time to restock talent." (Human Resource Executive Online)
Auto Retiree Groups Joining Forces: Seeking Protection for Their Benefits, Pensions
Excerpt: "The Delphi Salaried Retirees Association has joined with similar groups from Detroit's Big 3 to seek government funding to preserve its benefits. A letter from DSRA, Ford Co., General Motors Corp. and Chrysler LLC salaried retirees has been set to Treasury Secretary Timothy Geithner and Larry Summers, director of the National Economic Council requesting the Auto Task Force provide funding to retain the retirees' benefits and take steps to protect pensions." (Kokomo Tribune)
Webcasts and Conferences
(Click to post your webcast or conference)403(b) EP Phone Forum
Nationwide on April 16, 2009
presented by Internal Revenue Service (IRS)
Healthcare Reform: Lessons Learned from the States
in Washington on April 17, 2009
presented by International Society of CEBS - Pacific NW Chapter
Press Releases
(Click to post your press release)PBGC Assumes Patton Corp.'s GAC/Flxible Pension Plan
Pension Benefit Guaranty Corporation (PBGC)
Fidelity Investments Estimates $240,000 Needed to Pay Health Care Costs in Retirement
Fidelity Investments
MassMutual Retirement Adds to Sales Management Team
MassMutual
Error in DOL New Model Notice For COBRA Subsidy
Vita Benefits Group
Employee Benefits Jobs
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Employee Benefits Associate Attorney
for Littler Mendelson, PC
in PA
Employee Benefits Paralegal
for Littler Mendelson, PC
in PA
EmployeeBenefitsJobs.com (Sponsor)
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