[Guidance Overview] Informal Guidance on Health Risk Assessments and the ADA Excerpt: "The Equal Employment Opportunity Commission (EEOC) has released an opinion letter saying an employer's health risk assessment program violates the Americans with Disabilities Act (ADA). While many employers have moved forward with health risk assessments and other mandated wellness arrangements, the EEOC's letter is a reminder of the importance of considering ADA implications before instituting a wellness program. In the opinion letter's initial release, the EEOC identified an appropriate financial incentive for purposes of ADA compliance, but a later version omitted that information. Apparently, the EEOC is still mulling over that issue." (Watson Wyatt Worldwide) Emergency Retiree Health Benefits Protection Act Reintroduced Excerpt: "Representative John Tierney (D-Mass.) has reintroduced the Emergency Retiree Health Benefits Protection Act (H.R. 1322), which would prevent employers from reducing or eliminating health benefits for retirees or their dependents. The bill has been around for years but has attracted more attention since it appeared in a pension bill last year. Under the act, employers could not make changes to their retiree health plans that would eliminate, reduce or limit benefits, increase out-of-pocket costs or make it more difficult to obtain medical care." (Watson Wyatt Worldwide) Covering Health Issues, 2009: Interactive Edition Excerpt: "The latest edition of 'Covering Health Issues' is now complete online, made possible by the Robert Wood Johnson Foundation. [The target page is the online version with interactive features]. To download a PDF duplicate of the print version, [go to http://www.allhealth.org/covering-health-issues-5th-edition/toc.asp]." (Alliance for Health Reform) Senator Baucus Reportedly Considering Ways to Tax Health Benefits Excerpt: "FOX Business claims to have obtained a five-page presentation, prepared by the chairman of the Senate Finance Committee, Senator Max Baucus (D-Montana), that proposes 'options to limit allowable tax free health benefits.' According to FOX Business the document lists four ways to tax benefits starting in 2013, when many reform proposals would take full effect . . . ." (PLANSPONSOR.com; free registration required) [Opinion] The Myth of Prevention in Health Care Excerpt: "It is true that if the prevention strategies we are talking about are behavioral things -- eat better, lose weight, exercise more, smoke less, wear a seat belt -- then they cost very little and they do save money by keeping people healthy. But if your preventive strategy is medical, if it involves us, if it consists of screening, finding medical conditions early, shaking the bushes for high cholesterols, or abnormal EKGs, markers for prostate cancer such as PSA, then more often than not you don't save anything and you might generate more medical costs. Prevention is a good thing to do, but why equate it with saving money when it won't?" (The Wall Street Journal)
Links to Items on Executive Comp, Benefits in General[Guidance Overview]Supreme Court Ruling that 'Motivating Factor' Standard Not Allowed Under ADEA (PDF) 2 pages. Excerpt: "Last week, the United States Supreme Court ruled (5 to 4) that employees bringing disparate-treatment claims pursuant to the Age Discrimination in Employment Act (ADEA) must prove that age was the 'but-for' cause of the challenged adverse action, rather than simply a 'motivating factor'. (Gross v. FBL Financial Services, Inc., __ U.S. __, 2009 WL 1685684 (2009). The Supreme Court further ruled that the burden-shifting framework set forth in Price Waterhouse does not apply to ADEA cases. (Price Waterhouse v. Hopkins, 490 U.S. 228 (1989))." (Winston & Strawn LLP) [Guidance Overview] Interim Final Rule on Executive Compensation Restrictions for TARP Recipients (PDF) 7 pages. Excerpt: "On June 10, 2009, the Treasury Department issued an interim final rule on the executive compensation restrictions for companies receiving federal assistance under the Troubled Asset Relief Program (TARP). Among other things, the regulations establish a Special Master, prohibit tax gross-ups, require adoption of an excessive or luxury expenditures policy, expand clawback provisions, place additional prohibitions on bonuses and incentive compensation for senior executive officers and certain highly compensated employees, and implement more rigorous requirements for companies receiving 'exceptional financial assistance.'" (Buck Consultants) A Note on the Financial Accounting Standards Board Accounting Standards Codification Excerpt: "Avi Lev, [a very smart tax lawyer,] recently pointed out that, effective July 1, there is a new codification of accounting opinions. This sounds dry, but for those who work in this area, it is a phenomenal endeavor. These are the rules that regulate the reporting of most financial activity, and they have previously been scattered and disunited in their presentation. [See the Codification Website at http://asc.fasb.org/home.]" (theworkplace.biz) Extending Benefits Under Federally-Regulated Employee Benefit Plans to Same-S.ex Couples Excerpt: "The article examines state, county, municipal and private employer initiatives extending rights and benefits to same-s.ex couples and how those initiatives are negated in the area of federally-regulated employee benefit plans. The article also analyzes recent federal and state court decisions challenging federal and state laws denying legal recognition to same-s.ex couples, and concludes that court decisions are unlikely to extend rights to same-s.ex couples in the area of federally-regulated employee benefit plans. Finally, the article recommends an amendment to the federal regulatory scheme that will afford benefits and tax advantages to same-s.ex couples consistent with ERISA's goals. The recommended amendment is also palatable in that it confers rights under these plans to same-s.ex couples while avoiding the political 'hot potato' of federal recognition of same-s.ex civil marriages or civil unions." (Social Science Research Network) Webcasts and Conferences2009 Web/Telephone Seminar: HSA BasicsNationwide on July 16, 2009 presented by Ascensus 2009 Web/Telephone Seminar: Introduction to QRP Distributions Nationwide on July 28, 2009 presented by Ascensus 2009 Web/Telephone Seminar: Retirement Distribution and Income Planning Nationwide on July 23, 2009 presented by Ascensus (Click to post your webcast or conference) Press ReleasesCompanies Planning to Reinstate Some Programs Cut During the Economic CrisisWatson Wyatt PBGC Assumes Pension Plans of Dan River Inc. Pension Benefit Guaranty Corporation (PBGC) SouthWest Benefits Association Survey Finds Employers Continue to Focus on Health and Wellness during Economic Downturn SouthWest Benefits Association Update on 2009 CRR Grant Programs for Retirement Research Center for Retirement Research at Boston College CFDD Launches Women In Pensions Networking Group Center for Due Diligence The Source 403(b) and 457(b) Plans CD Is Available National Tax Sheltered Accounts Association RelayHealth Partners with Lighthouse1 to Provide Consumer Driven Healthcare Payment Solutions RelayHealth (Click to post your press release) Employee Benefits JobsTransition Managerfor American United Life a OneAmerica Financial Partner in IN Benefits/HR Lawyer for Baltimore Benefits Boutique in MD Benefits Consultant (Multiemployer) for The Segal Co. in CA Account Administrator for Retirement Strategies, LLC in NM (Click to post your job opening | View all jobs | RSS feed of all jobs )
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