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May 14, 2009 |
| Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy. |
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[Guidance Overview]
EEOC's Guidance on Health Risk Assessments as Wellness Programs
Excerpt: "Recently, the Equal Employment Opportunity Commission (EEOC), the agency responsible for enforcing the employment provisions of the ADA and the Genetic Information Nondiscrimination Act (GINA), issued an informal opinion letter to an employer stating that requiring employees to participate in an HRA in order to be eligible for health insurance would violate the ADA." (Faegre & Benson)
[Guidance Overview]
The Breadth of ERISA Preemption
Excerpt: "In Edward Marram as Trustee of the Geo-Centers, Inc. Profit Sharing Plan & Trust v. Kobrick Offshore Fund, Ltd. et al., 2009 Mass. Super. LEXIS 85, a state trial judge wrote extensively on ERISA preemption - something that is extremely rare. The judge stated that the Court finds that these claims for contribution are barred under the ERISA preemption provision, 29 U.S.C. §1144(a), which supersedes 'any and all State laws insofar as they may now or hereafter relate to any employee benefit plan . . .' 29 U.S.C. §1144(a)." (Passion for Subro)
U.S. Prescription Drug Use Fell in 2008, Study Says
Excerpt: "Prescription drug use in the U.S. fell last year, although total spending on drugs increased as prices rose sharply on brand-name products, pharmacy benefits manager Medco Health Solutions said Wednesday." (AP via The Washington Post; free registration required)
January 2009 Census Shows 8 Million People Covered by HSA Qualified High-Deductible Health Plans (PDF)
16 pages. Excerpt: "The number of people with HSA/HDHP coverage rose to 8.0 million in January 2009, up from 6.1 million in January 2008, 4.5 million in January 2007, and 3.2 million in January 2006. Between January 2008 and January 2009, the fastest growing market for HSA/HDHP products was large-group coverage which rose by approximately 35 percent, followed by small-group coverage which similarly rose at 34 percent." (America's Health Insurance Plans)
Calling for More Work/Life Balance
Excerpt: "In a recent speech, First Lady Michelle Obama called for flex time, paid leave for family illnesses and life events, and work-site childcare. While she says such work/life benefits result in increased productivity, some observers say the timing isn't right for new initiatives -- especially if they are forced upon businesses by government mandates." (Human Resource Executive Online)
Unequal Access to Employer Wellness Programs (PDF)
15 pages. Excerpt: "In the most recent nationwide Work Trends survey, the John J. Heldrich Center for Workforce Development at Rutgers University, found widespread awareness of wellness programs among American workers, but unequal access to these programs. Workers hold a variety of opinions on what companies can do to incentivize or penalize health-related behavior, and express concerns about privacy and what employers should know about their employees' health records." (John J. Heldrich Center for Workforce Development at Rutgers, The State University of New Jersey)
What Does It Cost Physician Practices to Interact with Health Insurance Plans?
Excerpt: "Physicians have long expressed dissatisfaction with the time they and their staffs spend interacting with health plans. However, little information exists about the extent of these interactions. We conducted a national survey on this subject of physicians and practice administrators. Physicians reported spending three hours weekly interacting with plans; nursing and clerical staff spent much larger amounts of time. When time is converted to dollars, we estimate that the national time cost to practices of interactions with plans is at least $23 billion to $31 billion each year." (Health Affairs)
California Assembly OKs Bill for Workers at Small Firms to Get COBRA Subsidy
Excerpt: "On Monday, the California Assembly voted unanimously to approve amendments to a bill (AB 23) that would allow laid-off workers from firms with fewer than 20 employees to qualify for federal subsidies for COBRA coverage, the Sacramento Bee reports (Sanders, Sacramento Bee, 5/12). The legislation applies to the Cal-COBRA program, which provides coverage for former workers from businesses with two to 19 employees (AP/San Francisco Chronicle, 5/11)." (California HealthCare Foundation)
EmployeeBenefitsJobs.com (Advert.)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]Compliance Considerations and Issues Surrounding the Repricing of Stock Options
Excerpt: "The accounting for stock options (including re-pricings) is governed in the United States by FAS 123(R). Under this standard, the charge for any new options is only for the incremental value. Thus, in a value-for-value exchange (or one that is less favorable to the grantees), the re-pricing may be a shareholder-neutral event from an accounting expense standpoint." (JPMorgan Chase & Co.)
[Guidance Overview]
Modified Work Arrangements for Employees Under Code Section 409A
Excerpt: "This article examines the application of Section 409A to modified work arrangements -- on-call or reduced time work arrangements, consulting arrangements, leaves of absence, rehire situations and other employment-related changes. Internal Revenue Code Section 409A allows a 'separation from service' to be a payment trigger for deferred compensation, including separation pay, supplemental retirement benefits, account-balance deferred compensation and other payments. [Originally published March 23, 2009.]" (Faegre & Benson)
Using Premium-Priced Options (PDF)
Page 9 of 12 pages. (Milliman)
Same-Gender Marriage Legal in Maine: Employers Should Prepare
Excerpt: "Employers should be aware that they may need to adjust their human resources, benefits and personnel policies in accordance with the new same-sex marriage law in Maine, [scheduled to] go into effect later this year. Same-sex marriage became legal in Maine and likely can be performed there beginning in September, after Gov. John Baldacci (D) on May 6 signed a bill the state Senate approved earlier that day. The new law allows civil marriages but does not require churches to perform or recognize same-sex marriage. It takes effect 90 days after the current session of the legislature ends; this likely means it will go into effect in mid-September." (Thompson Publishing Group)
Maximizing the Value of Benefits in a Recession
Excerpt: "Cash no longer flows as freely as it once did, and employers are responding. Many employers have cut back on funding retirement plans and other benefits. Many employers have cut back on staffing levels. Many employers have cut back on both. However, all employers want to come out of this recession ahead of their competition. History indicates that a workforce focused on achieving the next goal, rather than dodging the ax, will help an employer win. This puts pressure on human resource managers in the classic dilemma of keeping morale high while cutting employee security. Fortunately, most people value more than just cash and have the ability to do so in the workplace just as well as other parts of their life. Tapping into those values offers a source of low cost morale raisers. In this article, we outline a few ideas for motivating a workforce without a large outlay of cash." (JPMorgan Chase & Co.)
Adding More Variable Elements to Total Compensation and Control Fixed Employee Costs (PDF)
Pages 8-11 of 12 pages. (Milliman)
The Art and Science of Delivering Bad News on Layoffs/Benefit Cuts in the Workplace (PDF)
Pages 1-3 of 12 pages. (Milliman)
Employee Benefits Jobs
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Press Releases
(Click to post your press release)IRS Announces Withholding Adjustment Option for Pension Plans and Provides Taxpayer Education
Internal Revenue Service (IRS)
Press Releases
(Click to post your press release)IRS Announces Withholding Adjustment Option for Pension Plans and Provides Taxpayer Education
Internal Revenue Service (IRS)
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