Health & Welfare Plans Newsletter |
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| June 16, 2009 \ Compliance \ Costs \ Administration \ Design \ Policy | ||
International Foundation of Employee Benefit Plans (Advert.)
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[Guidance Overview]
CMS Update on Mandatory Insurer Reporting User Guide and Other Guidance
Excerpt: "This Capital Checkup summarizes key issues addressed in the updated guidance: New registration deadline for entities reporting only on Health Reimbursement Arrangements (HRAs), What it means for a person to be 'known to be entitled to Medicare'), and CMS's recommended process for collecting Medicare Health Insurance Claim Numbers (HICNs) or Social Security Numbers (SSNs)." (The Segal Group, Inc.)
[Guidance Overview]
Massachusetts Supreme Judicial Court Rules Employers Must Pay Terminated Employees for Any Unused Vacation Time
Excerpt: "On June 11, 2009, the Massachusetts Supreme Judicial Court issued a ruling in the case of Electronic Data Systems v. Attorney General holding that, under the provisions of the Massachusetts Wage Act (Massachusetts General Laws chapter 149 - 148) employers must compensate any involuntarily discharged employee for unused accrued vacation time. This ruling is consistent with a 1999 advisory issued to all employers by the Massachusetts Attorney General's office." (Fisher & Phillips LLP)
[Guidance Overview]
Pennsylvania Mini-COBRA Law Now in Effect
Excerpt: "Pennsylvania has adopted a 'mini-COBRA' law which covers group health insurance policies offered to employees of small employers. The new law protects employees who are not covered by the health coverage continuation rules imposed by COBRA at the federal level. Generally, insured group health plans offered by Pennsylvania employers with between two and 19 employees now must provide continuation of health insurance coverage under its group health insurance plans under circumstances similar to those set forth in the federal health coverage continuation rules frequently referred to as COBRA." (Fisher & Phillips LLP)
Cost Concerns Rise as Obama Pushes Health Reform Issue
Excerpt: "Congress is wrestling with how to pay for Mr. Obama's vision to extend health care to all Americans, and some lawmakers are considering tax increases and spending cuts different from the ones he has proposed. House Democrats, for example, are weighing a tax on soft drinks and a value-added tax, a broad-based consumption tax similar to the sales taxes many states levy." (The New York Times; free registration required)
Last Week's House Committee Hearing on Family and Paid Sick Leave: Some Links
Excerpt: "Last week, the Subcommittee on Workforce Protections of the House Committee on Education and Labor held hearings on paid sick leave and paid family leave. Mike Kruger, a staffer, sends along this note and these links for more info . . . ." (Workplace Prof Blog)
Understanding Healthcare Plan Costs and Complexities (PDF)
5 pages. (Milliman)
Preliminary Analysis of Major Provisions Related to Health Insurance Coverage Under the Affordable Health Choices Act (PDF)
10 pages. Excerpt: "The attached table summarizes our preliminary assessment of the proposal's budgetary effects and its likely impact on insurance coverage. According to that assessment, enacting the proposal would result in a net increase in federal budget deficits of about $1.0 trillion over the 2010-2019 period. Once the proposal was fully implemented, about 39 million individuals would obtain coverage through the new insurance exchanges. At the same time, the number of people who had coverage through an employer would decline by about 15 million (or roughly 10 percent), and coverage from other sources would fall by about 8 million, so the net decrease in the number of people uninsured would be about 16 million." (U.S. Congressional Budget Office)
Rising Commuting Costs Prompts More Employer Help
Excerpt: "A new poll by the Society for Human Resource Management (SHRM) finds the rising price of gas has prompted more companies to help employees with their commuting costs. According to SHRM, 61% of companies surveyed last month reported raising the amount they reimburse for gas to the federal cap of 55 cents a mile, up from 42% of companies a year ago." (PLANSPONSOR.com; free registration required)
Following the Money in the Health Care Debate
Excerpt: "Roughly $2.5 trillion is at stake, the amount the nation spends each year on health care, nearly a fifth of the American economy. How that money is divided up -- or prevented from rising at its current pace -- is at the center of the debate. Many doctors, insurance companies and drug companies say they fear that their revenues could shrink significantly and patient care could be threatened. Their arguments may prove to have merit." (The New York Times; free registration required)
Obama Health Reform May Rein in Medical Malpractice Suits
Excerpt: "The American Medical Association has long battled Democrats who oppose protecting doctors from malpractice lawsuits. But during a private meeting at the White House last month, association officials said, they found one Democrat willing to entertain the idea: President Obama. In closed-door talks, Mr. Obama has been making the case that reducing malpractice lawsuits -- a goal of many doctors and Republicans -- can help drive down health care costs, and should be considered as part of any health care overhaul, according to lawmakers of both parties, as well as A.M.A. officials." (The New York Times; free registration required)
Working Mothers Still Face a Struggle to Breast-Feed
Excerpt: "Despite the entreaties to breast-feed, few employers go out of their way to help women continue to do so. One in four companies offered an on-site mother's room last year, and 6 percent had lactation support services, according to the Society for Human Resource Management. Fifteen percent had paid maternity leave beyond what short-term disability covers, and only 6 percent of companies had on-site child care." (McClatchy/Tribune Newspapers via Orlando Sentinel)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]IRS Request for Comments on Three Alternatives for Substantiating Business Use of Employer-Provided Cell Phones
Excerpt: "EBIA Comment: As the IRS has previously acknowledged, the 'listed property' substantiation rules -- especially the requirement that an employee prove the business purpose of each business use -- are difficult to satisfy in the context of employer-provided cell phones. Notice 2009-46 represents a welcome first step toward making those substantiation rules more manageable. While this is encouraging news, employers should remember that, until substantiation guidance is actually issued and becomes effective, there are no special simplified substantiation methods for cell phones (as there currently are for employer-provided vehicles), so full compliance with the 'listed property' substantiation rules is required." (Employee Benefits Institute of America)
[Guidance Overview]
Comments Requested on Proposed Methods for Substantiating the Business Use of Employer-Provided Cell Phones (PDF)
3 pages. Excerpt: "On June 8, the Internal Revenue Service (IRS) issued Notice 2009-46, seeking comments on proposed simplified procedures for substantiating the business use of employer-provided cell phones under Section 274(d)(4). This provision generally requires employees to allocate their personal and business use of employer-provided cell phones and contemporaneously document such use in a business log or diary. The IRS views the value of any such personal use as income to the employee. The Notice is the first step towards future IRS guidance that will better clarify how to substantiate the allocation between employees' business and personal use of their employer-provided cell phones." (Morgan, Lewis & Bockius LLP)
[Guidance Overview]
Treasury Outline of Compensation Practices Reform and Interim Final Rule on TARP Compensation Standards (PDF)
6 pages. Excerpt: "On June 10, the U.S. Department of Treasury . . . outlined a set of broad-based principles regarding compensation practices for companies to follow, particularly those companies in the financial sector, which it believes will encourage sound risk management, long-term growth, and value creation; align compensation practices with the interests of shareholders; and ultimately reinforce the stability of firms and the financial system. The Treasury Department specifically stated that its intention is not to cap pay. The principles are as follows: Compensation plans should properly measure and reward performance; Compensation should be structured to account for the time horizon of risks; Compensation practices should be aligned with sound risk management; Golden parachutes and supplemental executive retirement benefits should be reexamined to determine whether they align the interests of executives with shareholders; Transparency and accountability should be promoted in the process of setting compensation[.]" (Morgan, Lewis & Bockius LLP)
The Search for the Next Workplace Perk (PDF)
1 page. (Time Inc. via Towers Perrin)
Audit Risk Is Rising: What an Employer Can Do Before an Audit Happens
Excerpt: "The IRS announced that it will begin conducting detailed employment tax audits on certain taxpayers as early as November of this year. Employers will be selected for audit based on a statistical sampling method, and not necessarily on suspicious past tax returns. One IRS representative speculated that there may be 6,000 of these employment tax audits over the next three years. Among the employment tax items the IRS may scrutinize on an audit are: worker classification, fringe benefits, officers' compensation, and expense reimbursements." (Poyner Spruill LLP)
Webcasts and Conferences
ASPPA Annual Conferencein Maryland on November 1, 2009
presented by American Society of Pension Professionals & Actuaries (ASPPA)
ASPPA Cincinnati Pension Conference
in Ohio on November 19, 2009
presented by American Society of Pension Professionals & Actuaries (ASPPA)
DOL Speaks: The 2009 Employee Benefits Conference
in District of Columbia on September 14, 2009
presented by American Society of Pension Professionals & Actuaries (ASPPA)
SPDs for Health and Welfare Plans: A Step-by-Step Guide to Preparation and Distribution
Nationwide on June 11, 2009
presented by EBIA / Thomson Reuters
The Effect of Bankruptcy on Retirement Plans, Participants and Sponsors
Nationwide on July 14, 2009
presented by ASPPA (American Society of Pension Professionals & Actuaries)
Western Benefits Conference
in Colorado on June 28, 2009
presented by American Society of Pension Professionals & Actuaries (ASPPA)
What! I Can't Get My Lump Sum? A Discussion on Restricted Distribution Rules
Nationwide on August 11, 2009
presented by ASPPA (American Society of Pension Professionals & Actuaries)
(Click to post your webcast or conference)
Press Releases
Public Opinion on Health Reform Stable and Supportive as Debate Heats Up, But Moveable TooKaiser Family Foundation
Benefit Advisors Network Plans Expansion Into 21 Markets
Benefit Advisors Network
U.S. Labor Department and SEC to Hold Hearing on Target Date Funds and Similar Investment Options
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Revzon Taps Brooks to Head Recordkeeping Services
Revzon Consulting Group
(Click to post your press release)
Employee Benefits Jobs
Retirement Plan Salesfor Solenture, Inc.
in DE, MD, NJ, PA
Outsourcing Consultant
for Diversified Investment Advisors
in NY
ERISA/Employee Benefits Associate
for Brownstein Hyatt Farber Schreck, LLP
in NV
Defined Benefit Actuary I
for The Standard
in MA
Pension Consultant
for Third Party Consulting Firm
in NJ, PA
Account Manager, Retirement Plans
for Boutique Firm with Local Clients in the Glens Falls/Albany Area
in NY
(Click to post your job opening | View all jobs |
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