Health & Welfare Plans Newsletter |
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| July 6, 2009 \ Compliance \ Costs \ Administration \ Design \ Policy | ||
University Conference Services (Advert.)
What’s Your Next Move? Managing your organization’s health and welfare plans can seem like a game of chess. You always want to be one move ahead of your "opponent"—cost increases that outpace inflation, employees who ignore the principles of good nutrition and healthy living, or regulators who impose ever more complicated rules. The Las Vegas Health and Welfare Plan Management for Mid-Sized Employers conference, September 13–16, is an unmatched educational opportunity to evaluate your health care programs and create a winning strategy for keeping costs under control. |
[Guidance Overview]
Wisconsin FMLA Leave Rights Broadened To Include Domestic Partnerships, Effective June 30, 2009
Excerpt: "On June 29, 2009, Governor Doyle signed the Wisconsin budget into law . . . . The Budget contained provisions which extend the Wisconsin Family and Medical Leave Law ('WFMLA') to domestic partners. There are two categories of domestic partner recognized by the Budget . . .: registered and unregistered. WFMLA leave rights for registered and unregistered domestic partnerships become effective on June 30, 2009. However, WFMLA leave rights for registered domestic partners will not be available to exercise until August 1, 2009, the date domestic partners may begin registering in the State of Wisconsin." (Michael Best & Friedrich LLP)
[Guidance Overview]
California Appeal Court Clarifies Law on Employee Vacation Pay
Excerpt: "A California court of appeal has issued an opinion establishing that an employer in California need not provide paid vacation to its employees; need not provide paid vacation to new employees for a certain period of their initial employment; and may maintain a policy that employees will cease to accrue vacation time in excess of any earned but unused amount in their vacation bank." (Ballard Spahr Andrews & Ingersoll, LLP)
[Guidance Overview]
From Judge Frank Easterbrook: 'Independent' May Replace 'de Novo' to Describe Court's Role
Excerpt: "In a June 29 Seventh Circuit opinion, Judge Frank H. Easterbrook, writing for the court, said that it is time to scrap the Latin phrase 'de novo.' For now, 'de novo review' has only been replaced with 'independent decisionmaking,' when a district court engages in its own factfinding. But the opinion could lead to abandonment of 'de novo review' altogether. Paul M. Krolnik brought suit under ERISA against The Prudential Insurance Company of America, after it terminated his long-term disability payments. At issue was whether Krolnik's ability to work is entirely physical, or mental. The district court barred discovery on medical questions, and granted summary judgment in favor of Prudential based on the administrative record. Krolnik appealed, and the Seventh Circuit reversed. The court began by explaining that 'de novo review' is a misleading phrase for describing a district court's role." (Wisconsin Law Journal)
New Details of Senate Health Reform Bill Emerge: Employers Must Pay Some Insurance Costs or Face 'Annual Fee'
Excerpt: "The Senate bill also prohibits employees who can afford their employer's health insurance from purchasing a plan through the proposed government-regulated health insurance exchange." (Workforce Management; free registration required)
The Effects of Consumer-Directed Health Plans on Health Care Spending
Excerpt: "We use unique data from an insurer that exclusively offers high-deductible, 'consumer-directed' health plans to identify the effect of plan features, notably the spending account, on health care spending. Our results show that the marginal dollar in the spending account is entirely spent on outpatient and pharmacy services. In contrast, inpatient and out-of-pocket spending were not responsive to the amount in the spending account. Our results represent the first plausibly causal estimates of the components of consumer-driven health plans on health spending. The magnitudes of the effects suggest important moral hazard consequences to higher spending account levels." (National Bureau of Economic Research; paid subscription or individual purchase required to retrieve fulltext)
Consumer-Directed Health Plans: Enrollment Grows in Less-Costly Coverage Option
Excerpt: "At Aetna for example, about 60 percent of new business sales for small-group employers in Connecticut have been in consumer-directed health plans, according to Steve Logan, head of small and middle market business in the Northeast.' (Hartford Business Journal)
CBO Letter to the Honorable Edward M. Kennedy on the Affordable Health Choices Act (PDF)
8 pages. Preliminary analysis of the provisions of Title I of draft legislation from the Senate Committee on Health, Education, Labor, and Pensions. (U.S. Congressional Budget Office)
EEOC Opinion Letter Questions Legality of HRAs
Excerpt: "In a recently released letter, the EEOC found that a county's conditioning of eligibility for its health plan on the completion of an HRA violates the Americans with Disabilities Act. County employees were required to fill out a short health-related questionnaire, take a blood pressure test and give a blood sample for screening. As is typical, the results were given directly to the employee; the county received only aggregate results. Employees who refused or failed to participate in the HRA (and dependents) were ineligible for coverage under the county's group health plan." (Employee Benefit Adviser; free registration required)
Look to Retirement, Disability Plan Taxation for Clarity in Taxing Health Benefits
Excerpt: "A June 23, 2009, New York Times column by David Brooks advocates 'ending the tax exemption on employer-provided health benefits...' Unfortunately, the term 'tax exemption' is not easily understood, and many of its possible definitions are taken for granted and not fully recognized by the general public." (Ross D. Spencer via Wolters Kluwer)
Preview of a National Benefit Standard: What's In, What's Out
Excerpt: "There are proposals on the health care reform table that would require a national benefit standard to be set. So, the question arises, which benefits should be required to be covered?" (Wolters Kluwer)
Factors Affecting the Demand for Long-Term Care Insurance: Issues for Congress (PDF)
24 pages. Excerpt: "A number of factors have adversely affected the demand for LTCI. The cost and complexity of LTCI policies have been cited as major deterrents to purchasing LTCI. In addition, increased concerns have arisen about the adequacy of consumer protections for LTCI as a result of inconsistencies in LTCI laws and regulations across the states. More recently, adverse publicity about potential problems with claims denials and heightened concerns about the future solvency of LTCI insurers in the current economic environment have further dampened demand." (U.S. Congressional Research Service)
BenefitsLink Vendor Directory (Advert.)
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Links to Items on Executive Comp, Benefits in General
Employers Turn to Lobbyists to Navigate Benefits Policy IssuesExcerpt: "In the face of stepped-up activity on workplace law in Washington, employers are increasingly turning to lobbying organizations to help them navigate actual and potential changes in benefits policy." (Workforce Management; free registration required)
IRS Publishes Convenient List of Links to Guidance for Nonbank Trustees and Custodians
Excerpt: "Pursuant to Treas. Reg. §1.408-2(e), an entity that is not a bank (or, in the case of Archer medical savings accounts and health savings accounts, not a bank or an insurance company) must receive IRS approval to serve as a nonbank trustee or custodian of the following types of tax-exempt trusts or accounts . . . ." (Internal Revenue Service)
The Principal Financial Well-Being Index Summary, Second Quarter 2009
Excerpt: "This is one in a series of quarterly studies to identify and track changes in the workplace of small and mid-sized (growing) businesses. . . . Employees and retirees were asked how they think they will do financially twelve months from now as a result of the government's economic stimulus plan. The majority of both employees (60%) and retirees (56%) believe they will be the same financially in twelve months as a result of the government's economic stimulus plan." (Principal Financial Services, Inc.)
Call for Papers: Living to 100 Symposium IV, January 5-7, 2011
Excerpt: "This Call For Papers is addressed to professionals knowledgeable in the subject matter and interested in preparing a high quality paper for the symposium that will advance knowledge in the important area of longevity and its consequences. Collaboration is encouraged and authors may submit more than one paper. . . . The Committee on Living to 100 Research Symposia is seeking papers exploring aging, longevity and the implications thereof. A list of suggested topics is presented [on the target page]. " (Society of Actuaries)
A Review of Judge Sotomayor's Second Circuit ERISA Cases
Excerpt: "Five of the Second Circuit opinions authored by Judge Sonia Sotomayor deal with the Employee Retirement Income Security Act (ERISA). ERISA cases aren't considered as sexy as a lot of employment law cases, but the number of such cases is growing. The U.S. Supreme Court is occasionally asked to consider a case filed under this complicated statute. Getting a sense for how Sotomayor approaches ERISA is, therefore, useful." (M.Lee Smith Publishers)
[Opinion]
The Challenge of Improving the Long-Term Focus of Executive Pay
Excerpt: "A consensus is developing that executive compensation in the U.S. is inadequately linked to long-term company performance, resulting in reckless, short-term decision making. Congress, the Obama administration, and academic commentators have recently embraced dramatic restrictions on the form and holding period of senior executive pay, at least at some companies. A common view, apparently, is that while regulation of the amount of executive pay would do more harm than good, regulation of form and term is desirable. This essay questions that view." (Boston University School of Law via Social Science Research Network)
[Opinion]
Social Security Reform May Happen Now
Excerpt: "Add the possibility of Social Security reform to the continuing likelihood of healthcare reform, and HR leaders have workforce-planning issues of substantial complexity to work through -- including the possibility that workers will remain on the job longer." (Dallas Salisbury via Human Resource Executive Online)
Webcasts and Conferences
146th Meeting of the Advisory Council on Employee Welfare and Pension Benefit Plansin District of Columbia on July 21, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Annual Plan Administration & An Introduction to 401(k) Plan Basic Operation Seminars
in California on August 4, 2009
presented by Actuarial Consultants, Inc.
Webcast: Is Your Firm Prepared to Manage EFAST2 and the 2009 Form 5500 Changes?
Nationwide on August 20, 2009
presented by National Institute of Pension Administrators
(Click to post your webcast or conference)
Press Releases
MetLife Resources Submits Comments On Proposed IRS 403(b) Prototype ProgramMetLife
The Codification is Now Officially the Single Source of Authoritative Nongovernmental U.S. GAAP
Financial Accounting Standards Board (FASB)
(Click to post your press release)
Employee Benefits Jobs
Project Specialist - Administrativefor University of Southern California (U.S.C.)
in CA
Vice President, Defined Contribution Investment Only Sales
for New York Life Retirement Plan Services
in NJ
Pension Analyst
for Milliman
in TX
Senior DC Plan Administrator
for Columbus Retirement Administrators, Inc.
in OH
(Click to post your job opening | View all jobs |
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Handy Links:
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