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May 8, 2009 |
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[Guidance Overview]
Towers Perrin Monthly Health & Welfare Regulatory Round-Up, April 2009 (PDF)
9 pages. Excerpt: "The Monthly Regulatory Round-Up is a high-level summary of legal and regulatory developments that occurred during January 2009 that may be relevant to large employers. Developments are sorted according to federal legislative developments, federal regulatory guidance, other developments (e.g., significant litigation, studies, select state law developments)." (Towers Perrin)
[Guidance Overview]
Employer Response to Pandemic Flu Warnings (PDF)
Excerpt: "With the Swine Flu spreading globally under scrutiny of intensive media attention, and aggressive measures being taken by the CDC and WHO, most employers have diligently dusted off their disaster preparedness policies and notified workforces of published practices to maintain a healthy workplace. For the multinational employer, however, this can be a daunting task as the legal landscape of employee rights and employer obligations - from impact on wage and hour, leave laws, discrimination and privacy - can vary dramatically from jurisdiction to jurisdiction. This alert details US, Canadian and Mexican employment law in the context of this potential global pandemic." (Baker & McKenzie)
[Guidance Overview]
H1N1 Flu Readiness: A Summary of Employment-Related Concerns
Excerpt: "H1N1 flu may qualify as a serious health condition for purposes of the federal Family and Medical Leave Act (FMLA) or analogous state law. Employees may be eligible to take FMLA leave for their own, or a family member's, health condition caused by the H1N1 flu. Similarly, an employer may designate such leave as FMLA leave -- even in advance of confirmatory information from the employee's health care provider. Leave taken by an employee for the purpose of avoiding exposure to the flu, however, would not be protected under the FMLA." (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.)
[Guidance Overview]
Preparing for Parity: Investing in Mental Health Insurance Benefits (PDF)
4 pages. (Milliman)
[Guidance Overview]
HIPAA Guidance and Request for Comments: Securing Protected Health Information and Breach Notification
Excerpt: "As required under HITECH, on April 17, 2009, the Department of Health and Human Services (HHS) issued guidance regarding the proper methods for securing PHI. Also contained in the guidance is a request for information on: (1) the introduced methods for securing PHI, and (2) the breach notification process. Comments must be submitted on or before May 21, 2009." (McGuireWoods LLP)
[Guidance Overview]
Discovery Under MetLife v. Glenn: First Circuit Decides Important Disability Case
Excerpt: "[On May 6, 2009] the U.S. Court of Appeals for the First Circuit issued its long awaited decision in Denmark v. Liberty Life Ass. Co. The case involves Diane Denmark's assertion that Liberty Life wrongly denied her disability claim. The procedural history is long and torturous. The First Circuit ended up delaying a ruling in the case until MetLife v. Glenn, 128 S.Ct. 2343 (2008), was decided to get the Supreme Court's guidance on how an insurer's conflict of interest affects the standard of review a trial court should utilize in ERISA benefit denial cases." (Brian S. King)
[Guidance Overview]
Claimant Not Entitled to Review and Rebut Documents Generated in Administrative Appeal Until After Decision on Appeal
Excerpt: "EBIA Comment: In a case decided under the old claims procedure regulations, the Eighth Circuit previously held that full and fair review under ERISA required that plan decisionmakers make appeal-level expert reports available to claimants before the final decision on appeal is issued. As the court acknowledges in this case, however, the rule is different under the current claims procedure regulations, which state that claimants are entitled to documents generated on appeal only after the decision on appeal is issued. According to the DOL, the purpose of this rule is to provide claimants with sufficient access to the information necessary to determine whether to pursue further appeal." (Employee Benefits Institute of America)
[Guidance Overview]
Eighth Circuit's Ruling Illustrates How Boilerplate Type Plan Language Can Vest Welfare Benefits (PDF)
Pages 1-2 of 6 pages. Excerpt: "On the issue of vesting, the plan contained a reservation of rights clause that permitted the company to amend the plan at any time and manner it deemed advisable. However, this right was qualified by a proviso stating that 'no such modification shall divest a participant of benefits under the plan to which he had become entitled prior to the effective date of the amendment.' The Eighth Circuit held that this proviso could be read reasonably to preserve some form of contractually vested benefits, and thus was ambiguous." (Proskauer Rose LLP)
Taxing Those with Health Insurance to Pay for Those Without
Excerpt: "It is an alluring way to pay for the ambitious plan to expand health coverage to the nearly 50 million people who are now uninsured. Simply put, the government would tax the people who already have the most expensive health benefits, as provided by their employers. By one Congressional estimate, taxing this 'Cadillac coverage,' as some call it, could yield $100 billion in revenue over five years. No wonder Senator Max Baucus, the Montana Democrat who is a leader of the health reform effort, seems keen on the idea. And although the candidate Barack Obama criticized the notion last year when Senator John McCain promoted it, the concept now has some support in his administration as part of an overhaul of the health care system." (The New York Times; free registration required)
Executive Summaries of Market Surveys on the U.S. Group Disability Market, U.S. Group Life Market, and Absence Management
Excerpt from the group disability survey: 'JHA is pleased to present the 2008 U.S. Group Disability Market Survey. Conducted on an annual basis, this benchmark industry survey covers Group LTD and STD inforce and sales premium results for 2008. Further analysis and data on lapse rates, renewal activity, and ASO are included for those companies that provided this data. Thirty insurance carriers participated in the 2008 Market Survey, representing close to 95% of the group disability insurance marketplace." (JHA, a subsidiary of General Re Life Corporation)
Hearing on Ensuring Preparedness Against the Flu Virus at School and Work
May 7, 2009. Excerpt: "On Thursday, May 7, the House Education and Labor Committee held a hearing to examine how federal agencies can help child care, schools, colleges and workplaces prepare for the H1N1 flu virus and future pandemics. The hearing will also provide an update on how schools and workplaces are being affected by and responding to the current outbreak." (U.S. House of Representatives Committee on Education and Labor)
U.S. Postmaster Presses Congress to Act on Retiree Health Benefits Bill
Excerpt: "In a letter to a key House subcommittee chairman, US Postmaster General John Potter again pressed his case for Congressional action on proposed legislation that would reduce the agency's out-of-pocket costs for retiree health benefits, which could save the US Postal Service $2 billion this year. The proposed measure, HR 22, would allow the USPS to pay its share of contributions for retiree health benefits, estimated to be $2 billion this year, out of the Postal Service Retiree Health Benefits Fund. Annual payments to prefund health benefit costs for future retirees would still be made by the USPS." (DMNews)
Health Insurers Try to Scuttle Obama Plan
Excerpt: "In an effort to scuttle a major part of President Obama's plan to reform the nation's health-care system, private health insurers are taking the unusual step of asking Congress to increase regulation of their industry. . . . The insurance industry's surprising request for more government rules and oversight is its latest attempt to convince Congress to reject a main component of Obama's health care reform plan -- a government run insurance program that would be open to all Americans under 65 and compete with private insurance plans." (ABCNews.com)
From Managed Care to Higher Costs for Patients to Insurer's Provider-Cost-Containment Measures to Provider Backlash
Excerpt: "Insurers have focused on business practices that include delaying payments to providers, 'bundling' several procedures and then reimbursing at a lower rate, and underpayment of services provided outside the network. These newer cost-containment measures have now raised the ire of providers. According to an article written by Maureen Glabman in the February 2009 issue of Managed Care, class-action lawsuits filed by providers against all of the major health plans have nearly tripled from the late nineties to the first five years of this century. According to Glabman, these suits already have resulted in combined, multi-billion dollar settlements-- and there are many similar cases still working their way through the court system. Angry providers, backed up by the American Medical Association (AMA) and state medical societies, are 'empowered as nearly anonymous members of class action lawsuits,' observes Glabman, to try and fight carrier business practices they feel are depriving them of income." (The Century Foundation)
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)
[Opinion]
ABA Sections' Statement on Tax Issues in Health Care Reform (PDF)
29 pages. Excerpt: "This white paper is submitted on behalf of the American Bar Association Section of Taxation and the American Bar Association Health Law Section (collectively, the 'Sections'). . . . The Sections believe that tax laws based on good tax policy are as important in the area of health care as in other areas of the economy affected by the tax system. This paper provides an overview of the existing tax laws governing health care and health insurance, as those rules apply to individuals, providers and employees. The paper then identifies tax policy issues raised by the existing laws and by some of the changes to those laws that have been proposed under the rubric of 'health care reform.' The Sections believe that policy makers should carefully consider these tax policy issues as they undertake to evaluate health care reform proposals." (American Bar Association)
[Opinion]
Taking No Action, Public Employee Plan Policymakers and Senior Administrators Are Digging Deeper Hole in OPEB Deficits
Excerpt: "[P]ension costs are surging as investment losses compel pension funds to send higher bills to public employers. That leaves virtually no money available for most jurisdictions to fully fund their OPEB plans on an actuarial basis. So what are most governments doing? Unfortunately, for many the answer is 'nothing.' Paralysis has set in, as the absence of sufficient funding leaves many budget offices declining to set up a properly funded OPEB trust. Many public officials have simply put their heads in the sand and decided to wait out the recession before looking seriously at their OPEB problems." (Governing.com)
Links to Items on Executive Comp, Benefits in General
[Guidance Overview]IRS's Depreciation Deduction Limits and Inclusion Amounts for Automobiles Placed in Service in 2009
Excerpt: "EBIA Comment: Generally, the cost of acquiring and maintaining a company car for an employee may qualify as a deductible expense for the employer. But the deduction limits and income inclusion amounts set forth in this revenue procedure can significantly reduce the actual tax deductions available for some vehicles. Interestingly, the depreciation limits and income inclusion threshold for automobiles other than trucks and vans are unchanged from last year, but the income inclusion amounts for those automobiles have fallen significantly. For trucks and vans, the depreciation limits, the income threshold, and the income inclusion amounts have all fallen. Lower inclusion amounts mean that leasing automobiles of any type is relatively more attractive in 2009 than it was last year." (Employee Benefits Institute of America)
[Guidance Overview]
Monthly Regulatory Round-Up on Executive Compensation, April 2009 (PDF)
2 pages. Excerpt: "The Monthly Regulatory Round-Up is a high-level summary of legal and regulatory developments that occurred during January 2009 that may be relevant to large employers. Developments are sorted according to federal legislative developments, federal regulatory guidance, other developments (e.g., significant litigation, studies, select state law developments)." (Towers Perrin)
Wi$eUp: Financial Planning for Generation X & Y Women
Excerpt: "Wi$eUp is a financial education project targeted to Generation X and Y women. The centerpiece of the program is an eight-module curriculum offered online, as well as in a classroom setting, in educational institutions and other organizations in all ten Women's Bureau regions. In the online program, the curriculum is complemented by an 'Ask the Experts' feature, which permits participants to send questions by e-mail to volunteers with financial expertise. Another feature available to participants in both the online and classroom-based versions is a series of bi-monthly, free one-hour teleconference calls with featured speakers and a question and answer session." (U.S. Department of Labor Women's Bureau)
Webcasts and Conferences
(Click to post your webcast or conference)"Fundamentals of 401(k) and Other Qualified Plans" Seminar
Nationwide on June 3, 2009
presented by SunGard Relius
A Case Study: Using Data to Make Good Benefit Plan Decisions Webcast
Nationwide on May 21, 2009
presented by International Foundation of Employee Benefit Plans
AICPA National Conference on Employee Benefits Plans
in Florida on May 18, 2009
presented by American Institute of Certified Public Accountants (AICPA)
Ethics Issues for Benefits Lawyers Responding to Audit Letters
Nationwide on May 27, 2009
presented by ABA Joint Committee on Employee Benefits
Overview of the GASB Invitation to Comment on the Post-Employment Benefit Projects Webcast
Nationwide on May 20, 2009
presented by International Foundation of Employee Benefit Plans
Predictive Modeling Web Summit 2009
Nationwide on June 3, 2009
presented by MCOL
Rethinking Health Savings Accounts: Making Them Work for You and Your Employees
Nationwide on May 21, 2009
presented by Buck Consultants, an ACS Company
Press Releases
(Click to post your press release)NIPA Honors Outstanding Volunteers at 2009 Annual Forum & Expo
National Institute of Pension Administrators
With New Study Finding Obesity Key Driver of Rising Health Care Costs, NBGH Urges Congress to Act Now on Common-Sense Tax Code Changes
National Business Group on Health
SHRM Calls for New Policy on Workplace Leave to Ensure Flexibility and Predictability for Employees and Employers
Society for Human Resource Management (SHRM)
Corporate Voices for Working Families Study Links Workplace Flexibility for Hourly Workers with Attainment of Business Financial Goals and Core Objectives
Corporate Voices for Working Families
Bundled Retirement Outsourcing Market Reaches Maturity, Continued Growth Requires Focused Targeting and Positioning Efforts
Chatham Partners
MassMutual Chosen as Full-Service Provider for LAMMICO Retirement Plan
MassMutual
Mercer Announces New Hires to Expanded DC Sales Group
Mercer
Ascensus Adds ETFs to Fee-Based Platform
Ascensus
ING’s Robert M. Kaplan Receives ‘2009 Lifetime Achievement Award’ From National Institute Of Pension Administrators
ING Retirement Services
Employee Benefits Jobs
(Click to post your job opening | View all jobs |
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Director of Benefits
for Arnold & Porter LLP
in DC
Pension Assistant Manager
for Motion Picture Industry Pension and Health Plans
in CA
401K Product Development Manager
for Guardian Life Insurance Company
in PA
Manager, Proposal Content
for Prudential Financial
in NJ
EmployeeBenefitsJobs.com (Sponsor)
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