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April 24, 2009


Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy.

EmployeeBenefitsJobs.com (Advert.)

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[Guidance Overview]
Role of Summary Plan Descriptions in Claim Determinations

Excerpt: "The Seventh Circuit's assessment in Mondry v. American Family Mutual Insurance Company, et al., 2009 WL 539861 (7th Cir. March 5, 2009) contains lessons for both plan sponsors and TPAs. The court noted that the phrase 'not restorative' is nowhere to be found in the SPD, and the terms 'educational' and 'training' are not used in the portion of the SPD dealing with speech therapy. The SPD says that speech therapy will be covered if it is performed by a licensed or certified therapist and is referred by a doctor, subject to 35 visits per injury or illness, unless more are deemed necessary by a physician." (Passion for Subro)


Retiree Medical Litigation's Dirty Little Secret: 'Location, Location, Location!' (PDF)
24 pages. Excerpt: "As we will show . . ., the outcome of a retiree medical lawsuit depends on the approach the court takes. The favorite venue for retired union members is the Sixth Circuit, where they are batting 1,000 in retiree medical disputes. Of the 12 published retiree medical cases arising under the Labor Management Relations Act (LMRA) in the Sixth Circuit, all 12 resulted in a finding that retiree medical benefits were vested. Next door, employers crowd the docket because the Seventh Circuit has ruled that retiree medical benefits are not vested in eight out of ten published LMRA cases." (Aspen Publishers via Jones Day)


EEOC Issues Best Practices for a Caregiver-Friendly Workplace
Excerpt: "The U.S. Equal Employment Opportunity Commission (EEOC) has issued a document on best practices to avoid discrimination against workers with caregiving responsibilities. Employer Best Practices for Workers with Caregiving Responsibilities provides recommendations for hiring and workplace policies to avoid discrimination against workers with caregiving responsibilities. In addition, it discusses policies that can make a workplace more caregiver-friendly, such as flextime and job sharing." (PLANSPONSOR.com; free registration required)


San Francisco Raises Health Care Law Payment
Excerpt: "The city of San Francisco's controversial universal health care initiative is raising its required employer contribution. A Business Insurance story said employers with 100 or more employees will be required to spend $1.96 per hour per covered employee on health care, up from $1.85 in 2009, beginning on January 1, 2010." (PLANSPONSOR.com; free registration required)


8 Tips on Paying for Health Care in Retirement
Excerpt: "1. Don't count on employer benefits. Most current employees . . . won't be eligible for retiree health insurance through their former employer . . . . Less than a third of firms with 200 or more workers offered retiree health benefits in 2008, down from the 66 percent that did so in 1988, according to a Kaiser Family Foundation survey." (U.S. News & World Report via Chicago Tribune)



The Savvy Self-Funding Healthcare Conference & Expo (Advert.)

Employer-Designed Healthcare Conference Offers Unique Perspective & Comfortable Atmosphere (clickable image)

Employer-Designed Healthcare Conference Offers Unique Perspective & Comfortable Atmosphere

June 1-3, 2009 - The Savvy Self-Funding Healthcare Conference and Expo.
Started as a community effort in 2005, the goal is to help educate employers and plan sponsors about self-insured plans. Solutions to rising healthcare costs are not always reducing benefits or raising premiums. Conference is a relaxed, comfortable environment. Vendor expo includes both carriers AND brokers. Contact Karrie Andes, SPHR, Conference Chairperson and Human Resources Director for Deffenbaugh Industries, Inc. & Affiliates, at 800-226-5205, karrie@savvyemployerconference.com and visit www.savvyemployerconference.com.

Links to Items on Executive Comp, Benefits in General

[Guidance Overview]
Employee Benefits in an Excess Benefit Transaction Analysis

Excerpt: "The IRS has recently stepped up scrutiny of the compensation paid to key employees and insiders of tax-exempt organizations and has the authority to levy significant excise tax penalties if it finds that an organization pays excessive compensation. As a result, it is critical that boards of directors fully comply with the complex set of rules under Section 4958 of the Internal Revenue Code (the 'Code') to avoid these penalties. One of the most challenging aspects of these rules is to identify and value the total compensation paid to the organization's key employees and determine that such compensation is reasonable and appropriate. The employee benefits provided to such individuals can be an important part of this compensation analysis and should not be overlooked." (McGuireWoods LLP)


U.S. Said to Seek a Chrysler Plan for Bankrup.tcy
Excerpt: "The Treasury Department is directing Chrysler to prepare a Chapter 11 bankrup.tcy filing as soon as next week, people with direct knowledge of the talks said Thursday. . . . The Obama administration has told Chrysler it will provide up to $6 billion in new financing, on top of the $4 billion in loans it has already given the company, if Chrysler can complete a deal by next Thursday with a cost structure that gives it a chance of survival. The creditors have so far balked at the terms suggested by the Treasury. But the negotiations have taken a new direction. Treasury now has an agreement in principle with the U.A.W., whose members' pensions and retiree health care benefits would be protected in the event of a bankrup.tcy filing, said the people with knowledge of the discussions, who asked for anonymity because they were not authorized to discuss the case." (The New York Times; free registration required)



Webcasts and Conferences

(Click to post your webcast or conference)

Form 5500 and Benefit Plan Audit Updates
Nationwide on May 14, 2009
presented by ASPPA (American Society of Pension Professionals & Actuaries)

New COBRA Premium Subsidy - Multiemployer Plan Issues Webcast
Nationwide on April 30, 2009
presented by International Foundation of Employee Benefit Plans

The Changing Shape of Employee Benefits – How the Recession is Affecting Benefits and What’s Next Webinar
Nationwide on May 7, 2009
presented by BNA, Inc.

Web Seminar - "Found Money" in Your Health & Welfare Benefit Plans: What to Ask from Your Outsourced Benefits Administrator
Nationwide on May 7, 2009
presented by TRI-AD


Press Releases

(Click to post your press release)

Guilty Plea In Health Care Fraud Scheme
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Self-Funding Healthcare Conference Hosted by Private Employer in Kansas City
Savvy Self-Funding Healthcare Conference & Expo

ING Launches Next Phase of Marketing Campaign Focused on Your Retirement Number
ING Retirement Services


Employee Benefits Jobs

(Click to post your job opening | View all jobs | RSS feed for jobs RSS feed of all jobs )

Accountant/Employee Benefits Administrator
for McPhillips, Roberts & Deans, PLC
in VA



EmployeeBenefitsJobs.com (Sponsor)

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Where the best employers find the best candidates!

Where the best employers find the best candidates!


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