Health & Welfare Plans Newsletter |
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| October 9, 2009 \ Compliance \ Costs \ Administration \ Design \ Policy | ||
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[Guidance Overview]
EEOC Cracks Down on Leave Policies That May Violate ADA
Excerpt: "The Equal Employment Opportunity Commission (EEOC) is making it abundantly clear that employers must tread carefully in adopting and implementing medical leave policies. According to the EEOC, those policies that provide for the termination of an employee who has been out on leave for a specified amount of time violate the Americans with Disabilities Act (ADA) if they do not contemplate the possibility of a reasonable accommodation. In two recent cases publicized by the EEOC, the agency has asserted its considerable authority against two major U.S. employers, United Parcel Service (UPS) and Sears and Roebuck & Co." (Pepper Hamilton LLP)
[Guidance Overview]
ERISA Plan's Subrogation Rights Enforceable Against Workers' Compensation Award
Excerpt: "The Court concluded that the plan sufficiently pled a cause of action that plausibly entitles them to relief under contract law and the terms of the Subrogation Agreement. Note: It is rather curious that the Court felt it necessary to invoke state contract law. ERISA preempts state law occupying the field of claims by fiduciaries against plan participants. The case illustrates the difficulty plan participants have when they attempt to compartmentalize recoveries as to types of damages." (Roy Harmon III via Health Plan Law)
Employment-Based Medical Benefits Will Average $10K Next Year
Excerpt: "U.S. employers will see medical benefit expenditures increase 7% in 2010, pushing the average annual per-employee costs for healthcare across the $10,000 threshold, according to Towers Perrin's annual Health Care Cost Survey. The survey is also projecting components under consideration in healthcare reform legislation -- such as an excise tax on so-called Cadillac health plans -- could potentially increase the cost burden for employers, who will pass those additional costs to employees, exacerbating the affordability gap." (HealthLeaders Media)
Say Goodbye to Employer Deduction for Retiree Drug Subsidies?
Excerpt: "Tucked away in the amended version of America's Healthy Future Act of 2009 is a provision that would repeal the business deduction for federal subsidies for certain retiree prescription drug plans. In case you didn't know, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 created a retiree drug subsidy program to encourage employers and unions to continue providing high quality prescription drug coverage to their retirees. Employers who continue to maintain retiree health plans that provide prescription drug coverage can receive a tax-favored subsidy." (Wolters Kluwer)
Microsoft Launches Swine Flu Assessment/Response Site
Excerpt: "Microsoft Oct. 7 announced a new Website, the H1N1 Response Center, which provides users with relevant content and allows consumers to gauge symptoms and receive guidance using an H1N1 self-assessment service. The site offers consumers a self-assessment licensed from medical and public health experts at Emory University. The service assists people in deciding whether their symptoms could be caused by the H1N1 flu virus and provides guidance on what they can do next." (eWEEK.com)
The Relationship Between Union Status and Employment-Based Health Benefits (PDF)
Pages 15-21 of 24 pages. Excerpt: "Union workers are much more likely to have employment-based health benefits than nonunion workers. In September 2007, 82.7 percent of union workers were covered by health benefits through their own job, compared with 58.2 percent of nonunion workers . . . . Overall, 94.2 percent of union workers had employment-based health benefits, compared with 76.4 percent of nonunion workers." (Employee Benefit Research Institute)
Accenture Employees Can Finance Own Unpaid Leave
Excerpt: "A global consulting firm known for its innovative benefit programs is taking a novel approach to income replacement -- using it to help employees guarantee an income stream during periods of unpaid leave. Accenture's Future Leave program, offered since January 2008 after two successful pilot runs, is a self-funded sabbatical that enables employees and senior managers in good standing with at least three years of continuous employment take off up to four months, when combined with paid time off and the Family Medical Leave Act." (Employee Benefit Adviser; free registration required)
Side-by-Side Comparison of Major Health Care Reform Proposals
Excerpt: "The Foundation's interactive side-by-side health reform comparison tool now includes changes resulting from amendments approved by the Senate Finance Committee over the past two weeks. The online tool allows users to compare any or all of 12 different plans. A separate interactive calculator helps to illustrate what assistance the uninsured would get with premiums under the Congressional health reform plans." (Kaiser Family Foundation)
Research Shows Attaching a Debit Card to an HSA Is Key Driver of Enrollment
Excerpt: "Nearly everyone is familiar with swiping a card to pay for groceries, gas and movie tickets. That familiarity, ease and convenience is helping the growth of debit cards for health savings accounts, which patients can use to pay for their pharma.ceuticals, copays, medical equipment and hospital expenses. The debit card 'adoption and use continue to grow and grow rapidly,' says Jody Dietel, a compliance officer at WageWorks, a San Mateo, Calif.-based firm that administers flexible spending accounts, health savings accounts, health reimbursement arrangements and health care cards. 'The technology is increasing and improving rapidly. [The debit cards] continue to be a widely adopted and widely appreciated tool for consumers.'" (Employee Benefit News; free registration required)
Regulators Pass Deadline for Guidance on Mental Health Parity
Excerpt: "In a recent letter, Secretary of Health and Human Services Kathleen Sebelius assured lawmakers that her department, along with the Department of Labor and Department of Treasury, are diligently working to issue guidance for implementation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) by January 2010. Sebelius noted that in response to a call for public comment about how best to formulate rules governing coverage of mental health issues by group health plans in April (see Feds Ask for Help on Mental Health Coverage Rules), the department received more than 400 written comments. 'HHS has been carefully evaluating the comments, along with the Department of Labor and the Department of the Treasury, as we concurrently develop the regulations needed to implement the statutory requirements,' Sebelius wrote." (PLANSPONSOR.com; free registration required)
Opal Events (Advert.)
The Future of Medicare Advantage under the New Administration Opal Events brings together the best and brightest of the Medicare Advantage community to discuss the problems and solutions facing the managed care industry today. Topics to be covered include: logistics of transitioning members from PFFS to a network; MIPPA interpretations; risk-adjusted reimbursement issues; compliance specific to Part D; and HR6331. |
Links to Items on Executive Comp, Benefits in General
The 2009 Top 250 Survey on Long-Term Incentive Grant Practices for Executives (PDF)30 pages. Excerpt: "Key findings from the Frederic W. Cook & Co. 2009 Top 250 report include the following: The shift from the use of stock options (and stock appreciation rights) and time-vesting restricted stock awards to long-term performance awards (performance shares and performance units) appears to have stabilized, though long-term performance awards continue to grow in prevalence. Long-term performance awards are almost as common as stock options (combined with stock appreciation rights). Design variations to 'plain vanilla' stock options remain virtually extinct. Vesting periods of awards remain fairly stable while performance periods for performance awards have decreased slightly. Use of profit measures in long-term performance plans has increased in prevalence and remains the most widely used performance measure category." (Frederic W. Cook & Co., Inc.)
Employee Benefits Attorney Nick Ferrigno Dies at 50: A Life Well-Lived
Nicholas William Ferrigno, Jr. 50, died September 28. His friend and employee benefits colleague Frank J. Bitzer tells us more. (Frank J. Bitzer, Esq.)
President's Advisory Council on Financial Literacy to Meet November 3
Excerpt: "The President's Advisory Council on Financial Literacy will convene a meeting which will be open to the public. The purpose of this meeting is to discuss the Council's priorities and how it can best advise the President and the Secretary of the Treasury. The Department of Treasury will also provide an update about the status of the recommendations made by the Council in January 2008. . . . The public is invited to submit written statements to the Council." (International Foundation of Employee Benefit Plans)
Short List of Important Dates to Remember
Excerpt: "The [list] provides insurance agents/brokers, employers and benefits professionals a checklist of key upcoming dates and deadlines related to health benefits. This does not constitute all of the deadlines applicable to employers and some deadlines may be different based on variations in plan year or plan design." (Infinisource)
[Opinion]
What Do You Mean by Compensation Plan Risk?
Excerpt: "The following are a few very simple examples of compensation program features that could provide too much incentive for executives to take risk or otherwise manipulate financial results: The Company's annual (or long-term) bonus plan that provides for a payout equal to 100 percent of base salary if the Company achieves a specified EPS Target -- and no payout if the Company fails to achieve that target. Executives are already under enormous pressure to achieve announced or expected EPS figures. This all-or-nothing approach would only exacerbate the problem. Instead, the Company should consider bonus payouts at 90 percent of base salary for achieving EPS that is barely below the Target and straight-line interpolation downward for other, lesser performance targets." (Michael Melbinger via Winston & Strawn LLP)
Webcasts and Conferences
Pharmacy Benefitsin Georgia on October 15, 2009
presented by WEB (Worldwide Employee Benefit Network) Atlanta Chapter
Re-Envisioning Retirement Security Conference
in District of Columbia on October 21, 2009
presented by Retirement USA
(Click to post your webcast or conference)
Press Releases
U.S. Department of Labor Sues Defunct Cherry Hill, N.J., Company to Protect Participants of Abandoned Retirement PlanU.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Towers Perrin Health Care Cost Survey Shows Employer-Sponsored Medical Benefit Costs to Rise 7% in 2010 to Over $10,000 for the First Time
Towers Perrin
TIME Cover Story on 401(k)s Highlights Proposals to Be Discussed at October 21 Conference
Pension Rights Center
Bankrupt Retailer Appoints Independent Fiduciary on 401k Plan
Matthew D. Hutcheson, LLC
New Study Reveals Significant Challenges Hispanic Americans Face in Preparing for Retirement
Americans for Secure Retirement (ASR)
Creative Plan Designs, Inc. Is Certified To Industry Best Practices
Centre for Fiduciary Excellence (CEFEX)
American Century Investments Launches Collective Trust Program
American Century Investments
ING Unveils New Platform and Support Program for TPA Partners
ING Retirement Services
Expansion of Health Coverage as Safety Net for Young Adults
Green & Seifter, Attorneys, PLLC
New Book: The AARP Retirement Survival Guide
Sterling Publishing Co., Inc
(Click to post your press release)
Employee Benefits Jobs
Employee Benefits Paralegalfor Trucker Huss, APC
in CA
Senior Consultant - H&W, Qualified Plans and Executive Comp.
for Mahoney&Associates
in FL
Retirement Plan Relationship Manager
for Fiserv ISS
in CO
Senior Consultant
for The Segal Company
in CA
Retirement Sales Wholesaler - Inside Sales
for ExpertPlan, Inc.
in NJ
Rollover Sales Consultant
for RolloverSystems, Inc.
in CA
Account Manager
for Nova 401(k) Associates
in TX
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