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April 17, 2009 |
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[Guidance Overview]
Proposed FTC Rule Would Require Notice About Personal Health Record System Breaches
Excerpt: "The Federal Trade Commission, in compliance with the American Recovery and Reinvestment Act of 2009, issued a formal notice seeking public comment on a proposed rule requiring vendors of personal health record systems and related entities to provide notice to consumers in the event of a security breach. Comments on the 50-page proposed rule can be submitted online and must be in by June 1. The stimulus act requires the FTC and HHS to work on a report to Congress due in February 2010 on potential privacy, security and breach notification requirements for personal health-record vendors and 'related entities.' In the meantime, the law required the FTC to publish 'interim final regulations' not later 180 days after the act was enacted." (Modern Healthcare; free registration required)
[Guidance Overview]
Collective Bargaining Agreements Can Prevent Employers from Reducing or Terminating Retiree Medical Benefits
Excerpt: "While we recognize that the negotiation of collective bargaining agreements is an art in and of itself, this decision should remind employers that the text of such an agreement can bind them to employee benefit obligations they may never have intended, for many years into the future. In the Sixth Circuit, at least, precise text appears to be required to specify that retiree medical benefits are not vested, to sever retiree medical benefit eligibility from pension benefit eligibility, to preserve the right to reduce or eliminate employer contributions, and to preserve the right to amend or terminate the retiree medical plan." (Porter Wright Morris & Arthur LLP)
[Guidance Overview]
Eighth Circuit Reverses District Court on Vesting Issue
Excerpt: "The recent Eighth Circuit case of Halbach v. Great-West Life & Annuity Insurance Company involves another controversy over the issue of vesting in regards to medical benefits. The Eighth Circuit overturned the district court on two issues: (1) Whether there was a valid plan amendment eliminating medical benefits for long-term disability recipients; and (2) Whether the disability recipients were vested in their medical benefits prior to the plan amendment." (Attorney B. Janell Grenier via Benefitsblog.com)
[Guidance Overview]
Fifth Circuit Holds That ERISA Plaintiff Waived Arbitration Option
Excerpt: "This is an interesting case out of the Fifth Circuit showing how arbitration rights may be forfeited by invocation of the judicial process. The plaintiff began her suit in state court, but the case was removed." (Roy Harmon III via Health Plan Law)
Generous Sick-Leave Cashouts for Retirees Cost San Jose, California, Millions
Excerpt: "[San Jose public employees benefit] from city policies that are under scrutiny as San Jose confronts staggering budget deficits: letting longtime employees cash out unused sick and vacation leave when they retire. The policy cost taxpayers $7.8 million in 2008, up from $5.5 million the year before, according to pay data requested by the Mercury News. That's about one-tenth of next budget year's projected $78 million deficit. City officials say the benefit exceeds what government officials get elsewhere, not to mention private-sector employees where such large cash-outs are unheard of." (San Jose Mercury News)
COBRA Changes for Workers May Squeeze Their Former Employers
Excerpt: "Researchers at the consulting arm of Aon Corp., Chicago, have published data hinting at that possibility in a summary of results from an informal survey of 374 benefits buyers and other employer representatives . . . . Aon asked the participants about how they think the move to require employers to administer a new health benefits continuation program might affect the employers' overall health care costs. . . . About 42% of the survey participants said the COBRA subsidy will not increase their companies' overall health care costs, but 58% are expecting the subsidy program to increase health care costs." (National Underwriter Life & Health)
States Act to Help People Laid Off from Small Firms (PDF)
8 pages. Excerpt: "In the past two months, several states have taken action to make sure state residents who lose their jobs in small businesses can get the health coverage assistance offered them under the American Recovery and Reinvestment Act (ARRA), the economic stimulus legislation signed into law in February. ARRA included provisions to help laid-off workers keep their health insurance by making it more affordable for them to enroll in continuation coverage under the federal COBRA program or under state 'mini-COBRA' laws. . . . After ARRA (the Recovery Act) was enacted, many states took steps to improve their mini-COBRA laws so people in small firms would be able to take full advantage of the assistance offered by the federal government. However, in many states, gaps still remain, and those gaps leave people who have lost jobs in small firms with no, or limited, help." (Families USA)
Employers Haven't Accelerated Health Care Cost-Shifting to Employees in Response to the Recession, for Now
Excerpt: "The recession has clearly led increasing numbers of companies to eliminate or reduce fund matches in 401(k) programs and to change their severance policies. But the most costly benefit of all, health care, has been little affected so far. One reason could be the timing of the annual benefits cycle. Companies with a calendar fiscal year generally prepare their programs in the middle of the year. Those companies had already made their 2009 benefit-design choices before the bottom dropped out of the economy." (CFO.com)
State Health Care Reform Update
Excerpt: "For the last few years, states have been leading the way toward more comprehensive health care coverage to ensure that more people have or can obtain health insurance. Because of the potential impact of this ongoing activity on employer-provided health insurance benefits, Spencer's Benefits Reports provides regular updates about state health care reform." (Wolters Kluwer)
Health Care Reform Newsmaker Series: Nancy-Ann DeParle, Director, White House Office of Health Reform
Video, Transcript, and mp3 formats available. Excerpt: "Nancy-Ann DeParle, director of the White House Office of Health Reform, appeared as the third guest in a series of Health Care Reform newsmaker briefings sponsored by the Kaiser Family Foundation, Families USA and the National Federation of Independent Business. The reporters-only briefings, designed to inform the public about prospects and options for health reform, feature a short presentation by an influential leader followed by an extended question-and-answer session." (Kaiser Family Foundation)
Small Group Health Insurance Market Guaranteed Issue, 2009
Excerpt: "Updated state-by-state information on small group markets has been added for 2009 [to the statehealthfacts.org site] based on analysis by researchers at the Health Policy Institute of Georgetown University. Data on small group health insurance market guaranteed issue, rate restrictions, and pre-existing condition exclusion rules are now available for all states and the nation." (Kaiser Family Foundation)
[Opinion]
ERISA: Rock of Gibraltar or Rock in the Road to Reform?
Excerpt: "As we ponder the roadblocks to health care reform, it's hard to see around the one called ERISA. Are state reforms a viable option? What are some possible solutions to this problem? This legal issue, among others, is addressed in the Legal Solutions in Health Reform project. The study on the ERISA preemption issue examines the law's role in health reform, specifically 'what opportunities exist to facilitate health care initiatives given the constraints of ERISA preemption.'" (Wolters Kluwer)
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. |
Links to Items on Executive Comp, Benefits in General
[Guidance Overview]IRS's Section 409A Correction Program (PDF)
2 pages. Excerpt: "The Internal Revenue Service (the 'IRS') recently issued Notice 2008-113 (the 'Notice') detailing a correction program for inadvertent and unintentional Section 409A operational errors in administering nonqualified deferred compensation plans. The Notice modifies and incorporates a prior notice released by the IRS and is effective for taxable years beginning on or after January 1, 2009. This article highlights key aspects of the new correction program." (Snell & Wilmer LLP)
Delphi Retiree Benefits Could Vanish in GM Bankrup.tcy
Excerpt: "The auto parts maker could face liquidation, with its benefit plans for all retirees being terminated and, most likely, taken over by the government." (Workforce Management; free registration required)
New York Governor Introduces Bill to Allow G.ay Marriage
Excerpt: "Gov. David Paterson introduced a bill Thursday to legalize same-sex marriage in New York . . . . ''Rights should not be stifled by fear,'' Paterson said. ''What we should understand is that silence should not be a response to injustice. And that if we take not action, we will surely lose.'' G.ay and les.bian couples are denied as many as 1,324 civil protections -- such as health care and pension rights -- because they cannot marry, Paterson said." (AP via The New York Times; free registration required)
Employers Continue to View Benefit Programs As Vital Part of Workplace Relationship with Employees (PDF)
8 pages. Excerpt: "[A] fair number of respondents see the economic crisis as a catalyst for actions ranging from a step-up in employee communication, to a more holistic approach to reward management, to experimentation with different benefit strategies." (Towers Perrin)
Webcasts and Conferences
(Click to post your webcast or conference)2009 Web/Telephone Seminar: Advanced HSAs
Nationwide on July 14, 2009
presented by Ascensus
2009 Web/Telephone Seminar: Basic IRAs
Nationwide on July 14, 2009
presented by Ascensus
2009 Web/Telephone Seminar: Conducting Your Own Compliance Audit
Nationwide on June 23, 2009
presented by Ascensus
2009 Web/Telephone Seminar: IRA Beneficiary Distributions
Nationwide on June 11, 2009
presented by Ascensus
2009 Web/Telephone Seminar: QRP Beneficiary Rollovers to Inherited IRAs
Nationwide on June 18, 2009
presented by Ascensus
2009 Web/Telephone Seminar: Roth 401(k)/403(b) Provisions
Nationwide on June 16, 2009
presented by Ascensus
2009 Web/Telephone Seminar: Understanding & Processing Transfers & Rollovers
Nationwide on July 9, 2009
presented by Ascensus
COBRA Provisions in the American Recovery and Reinvestment Act Workshop
in Oregon on May 13, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Press Releases
(Click to post your press release)Buck Consultants Launches New Green Awareness Consulting Service
Buck Consultants, an ACS Company
Greenberg Traurig Expands Silicon Valley Office with Addition of Saswati Paul
Greenberg Traurig, LLP
Employee Benefits Jobs
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Plan Analyst and Enrollment/Communications Specialist
for Pension Specialists, Inc.
in IL
Account Manager - Benefits
for Woodruff-Sawyer & Co.
in CA
EmployeeBenefitsJobs.com (Sponsor)
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