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May 11, 2009 |
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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]
DOL States that Employees Requesting FMLA Leave Generally Must Comply With the Employer's Call-Off Procedures
Excerpt: "Accordingly, based on the new opinion letter, if an employee fails to follow an employer's normal call-off procedures and there were no unusual circumstances that reasonably prevented the employee from adhering to those procedures, the employer may deny FMLA leave for the absence and apply its normal attendance rules to the employee." (Buchanan Ingersoll & Rooney PC)
[Guidance Overview]
Discussing Health Problem with Supervisor Triggers FMLA
Excerpt: "The U.S. Court of Appeals for the 3rd Circuit reversed the district court's grant of summary judgment in favor of the employer on Sarnowski's FMLA and state law claims under the state Law Against Disabilities. Immediately before his termination, Sarnowski made it clear to his employer that his health problems were continuing. This was sufficient to satisfy the notice requirement of the FMLA, the 3rd Circuit held, and thus Air Brook could not interfere with his FMLA rights." (Workforce Management; free registration required)
[Guidance Overview]
EEOC Warns Employers about ADA Impact of Health Assessments
Excerpt: "The Equal Employment Opportunity Commission (EEOC) has indicated that requiring workers to undergo a health risk assessment that includes disability questions likely violates the Americans with Disabilities Act (ADA). Peggy R. Mastroianni, EEOC associate legal counsel, asserted in an 'informal discussion letter' that the scenario of undergoing such an assessment as a prerequisite for coverage 'does not appear to be job-related and consistent with business necessity, and therefore would violate the ADA.'" (PLANSPONSOR.com; free registration required)
[Guidance Overview]
DOL Says No Guaranteed Minimum Timing for FMLA Notice to Employer
Excerpt: "The Family and Medical Leave Act's (FMLA) requirement of a notice to the employer 'as is practicable' does not guarantee a worker a particular number of days in which to make that request, the Department of Labor (DoL) said. In an opinion letter from the agency's Wage and Hour Division, the DoL said its 1995 FMLA regulation did not intend to formally codify a one or two-day notice standard. The 1995 law mandated a notice to employers in instances when the need for the leave only became foreseeable less than 30 days before 'ordinarily would mean at least verbal notification to the employer within one or two business days of when the need for leave becomes known to the employee'." (PLANSPONSOR.com; free registration required)
[Guidance Overview]
COBRA Initial Notice Provided to New Employee Within 19 Days of Becoming Covered by Group Health Plan Was Timely
Excerpt: "EBIA Comment: Nothing unusual about the court's conclusions here, but both holdings are useful reminders of basic rules. Regarding the COBRA claim, few if any reported cases address the timing of COBRA initial notices but DOL regulations (not mentioned by the court) specifically do. Under those regulations, the general rule is that initial notices must be provided within 90 days after the date on which coverage under the plan commences. The employer in this case provided the notice well within that timeframe. Regarding the enrollment claim, while most courts follow the rule that informal representations cannot change the unambiguous provisions of a written plan document, plan sponsors should -- as a matter of good practice and to avoid litigated claims -- guard against making promises that are inconsistent with plan terms." (Employee Benefits Institute of America)
[Guidance Overview]
IRS's Additional Q&As on COBRA Premium Assistance Subsidy
Excerpt: "EBIA Comment: This is the fourth installment of Q&As on the premium assistance subsidy to be posted on the IRS website." (Employee Benefits Institute of America)
[Guidance Overview]
DOL and CMS Request for Comments on Draft Application for Expedited Review of COBRA Subsidy Denials
Excerpt: "EBIA Comment: Although these applications are not yet released for general use, it is reassuring to see them moving through the approval process. Interestingly, the DOL supporting statement indicates that individuals will be able to file their applications electronically through the EBSA website. In contrast, the CMS supporting statement provides that applications must be submitted either by mail or fax because CMS does not have the system capability to accept electronic submissions." (Employee Benefits Institute of America)
Obstacles to Health Insurance for G.ay Couples
Excerpt: "Currently about one-third of companies with more than 500 employees offer domestic partner benefits. That's up from about 12 percent in 2000, according to a study from Mercer, an employee benefits consulting firm. But the percentage drops off sharply when smaller employers are counted . . . . And there is no provision for domestic partner benefits for federal employees, although there are some legislative efforts to change that. Some states and municipalities offer their employees domestic partner coverage, depending on the state laws." (The New York Times; free registration required)
Industry Pledges to Control Health Care Costs
Excerpt: "Doctors, hospitals, drug makers and insurance companies will join President Obama on Monday in announcing their commitment to a sharp reduction in the growth of national health spending, White House officials said Sunday. The officials said the plan could save $2,500 a year for a family of four in the fifth year and a total of $2 trillion for the nation over 10 years. That could make it less expensive for Congress to enact comprehensive health insurance coverage, a daunting challenge facing the Obama administration." (The New York Times; free registration required)
Congress Plans Incentives for Healthy Habits
Excerpt: "In its effort to overhaul health care, Congress is planning to give employers sweeping new authority to reward employees for healthy behavior, including better diet, more exercise, weight loss and smoking cessation. A web of federal rules limits what employers and insurers can do now. Congress is seriously considering proposals to provide tax credits or other subsidies to employers who offer wellness programs that meet federal criteria. In addition, lawmakers said they would make it easier for employers to use financial rewards or penalties to promote healthy behavior among employees." (The New York Times; free registration required)
Tutoring Benefits for Children Give Employees Peace of Mind
Excerpt: "[Children] of Intel employees access the Tutor.com course materials by following a Web link on Intel's corporate intranet. Once they log in, students are prompted to choose grade-appropriate study material in four subject areas: math, science, social sciences and English. The system then searches in real time for a compatible tutor, among the 2,000 available through the service, says Jennifer Kohn, a Tutor.com spokeswoman." (Workforce Management; free registration required)
Dismissal for Not Calling In Doesn't Violate FMLA
Excerpt: "Affirming the court's decision, the Minneapolis-based U.S. Court of Appeals for the 8th Circuit agreed that the hospital's call-in policy was permissible under applicable regulations; that Bacon signed an acknowledgment that the hospital's policies apply to employees absences; and that although Bacon's discharge interfered with her FMLA rights, Bacon was terminated to for failing to comply with the call-in policy, and that she would have been terminated for doing so irrespective of whether these absences were related to FMLA leave. Bacon v. Hennepin County Medical Center, 8th Cir., No. 08-1168, (12/22/08)." (Workforce Management; free registration required)
Achieving the Least Objectionable Results for Health Care Reform
Excerpt: "At a recent Congressional hearing on health care reform, conversations with a reasonable cross-section of health reformers suggests that there is a growing a list of these 'least objectionable results' on coverage issues that are likely to find their ways into legislation this summer. In the April 5 roundtable at the Senate Finance Committee on 'Expanding Health Care Coverage,' the following elements of health care reform had clear support . . . ." (Wolters Kluwer)
New Survey Finds That Company Health-Plan Participants Are Using More Benefits
Excerpt: "In a down economy such as this one, everyone seems to be feeling sick about something. And that may go a long way in explaining the results of a new survey on companies' health-plan usage by the Brookfield, Wisc.-based International Foundation of Employee Benefit Plans. The survey, conducted from March 30 through April 6 of this year, found that plan participants -- perhaps fearing impending layoffs -- are increasing utilization of their benefits. About one-third of plan sponsors have noticed an increase in the number of participants filling prescriptions and engaging in costly medical procedures." (Human Resource Executive Online)
A Second Look at the Tax Exemption for Employer-Sponsored Health Insurance Premiums
Excerpt: "The major argument for capping the exemption of health insurance benefits from income tax is that doing so will generate significant revenue that can be used to finance an expansion of health coverage. This analysis finds that given the state of insurance markets and current variations in premiums, limiting the current exemption could adversely affect individuals who are already at high risk of losing their health coverage. Evidence suggests that capping the exemption for employment-based health insurance could disproportionately affect workers in small firms, older workers, and wage-earners in industries with high expected claims costs." (The Commonwealth Fund)
Medical Groups Aim to Cut $2T in Health Care Costs Over 10 Years
Excerpt: "President Obama will announce today that the health care industry will try to cut $2 trillion in expenses over the next decade to slow the rising cost of medical care, two White House officials familiar with the plan said. If successful, the cuts could help reduce costs for families and provide money for an expansion of health care coverage backed by Obama and some Democrats in Congress, said the officials, who briefed reporters but refused to be identified ahead of Obama's announcement." (USA Today)
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Links to Items on Executive Comp, Benefits in General
Hay Group's May 2009 'The Executive Edition' (PDF) The Hidden Peril of Deferred-Compensation PlansExcerpt: "Here's a nightmare for you: Imagine waking up one morning to discover that your employer is bankrupt and the money you have set aside in your deferred compensation plan belongs to the company's creditors. Unfortunately, this possibility is a real one for employees of companies like Chrysler. A 401(k) plan is safe from those your company owes money. But creditors can -- and will -- go after deferred-compensation plans, which allow high-level employees and many others earning more than $100,000 to $200,000 or so annually to contribute money, which then grows on a tax-deferred basis for use later. And if a company goes bankrupt, employees may end up with nothing." (The New York Times; free registration required)
Hay Group's May 2009 'The Executive Edition' (PDF)
12 pages. Excerpt: "The Executive Edition is Hay Group's executive compensation publication offering real-world examples of how companies design and implement executive packages to attract, retain, and motivate key personnel. In this issue: The Wall Street Journal/ Hay Group 2008 CEO compensation study; What TARP means for the future of executive pay; An action plan for compensation committees; Executive pay for sustainable performance: restoring investor trust in financial services institutions; Bonus banking: a better way to reward?" (Hay Group)
House Veterans' Affairs Committee Approves Bills on USERRA Changes
Excerpt: "The U.S. House Veterans' Affairs Committee has approved two bills that address employment rights for veterans." (International Foundation of Employee Benefit Plans)
Webcasts and Conferences
(Click to post your webcast or conference)"Form 5500 for Welfare Plans: EFAST & EFAST 2" - A Two-Part Web Seminar
Nationwide on June 3, 2009
presented by SunGard Relius
How to Fix a Broken Plan
in Massachusetts on May 14, 2009
presented by ASPPA Benefits Council (ABC) of New England
Webcast: Managing Participant Disclosures - A Review of Current Disclosure Requirements and How to Best Meet Them
Nationwide on June 17, 2009
presented by National Institute of Pension Administrators
Press Releases
(Click to post your press release)PBGC Protects Pension Plan at LandAmerica Financial Group
Pension Benefit Guaranty Corporation (PBGC)
Milliman Study Indicates Second Consecutive Month of Pension Gains
Milliman USA
Millions of Dollars in Unclaimed Retirement Benefits
PenChecks, Inc.
New Benefit Plan Will Cut Premiums for Employees Who Stay Healthy and Fit
Carolinas HealthCare System
Employee Benefits Jobs
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Pension Consultants/Administrators
for Northern & Central NJ Mid-Size Pension Consulting Firm
in NJ
Retirement Plan Specialist
for Diversified Investment Advisors
in MN
Pension Administrator
for Growing Financial Services Firm
in NY
Pension Manager
for UFCW & Employers Trust Health and Retirement Benefits
in CA
Regional Sales Consultant
for Gallagher Retirement Services
in NJ, PA
Trust Administrator II - Employee Benefits
for Hancock Bank
in MS
ERISA Paralegal/Plan Document Specialist
for Pension Consulting and Administration Firm
in PA
EmployeeBenefitsJobs.com (Sponsor)
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