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Health & Welfare Plans Newsletter
December 18, 2009 
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DataPath Reaches Out to Banks in Need of HSA Services with HSAToday®
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[Guidance Overview]
In 2010, Employers Must Self-Report Excise Tax for Failure to Comply with Group Health Plan Requirements
Excerpt: "Beginning with the 2010 plan or taxable year, employers and plan administrators will be required to self-report and pay the applicable excise taxes for their failure to comply with certain group health plan requirements. To accomplish the reporting obligation, a new IRS Form 8928 is expected to be finalized." (Deloitte via BenefitsLink.com)
[Guidance Overview]
Self-Reporting and Excise Taxes for Health and Welfare Plan Problems in 2010
Excerpt: "Affected parties must report the excise taxes on Form 8928, 'Return of Certain Excise Taxes Under Chapter 43 of the Internal Revenue Code.' Failure to file Form 8928 and pay excise taxes may lead to the imposition of penalties and interest. A draft form is available on the IRS Web site." (Davis Wright Tremaine LLP)
The Growth of State and Local Laws Prohibiting Family Responsibilities Discrimination (PDF)
33 pages. Excerpt: "[A]s this report details -- many localities provide employees who experience family responsibilities discrimination with additional legal remedies, beyond state and federal law. An awareness of these local laws is essential for employers and employment attorneys, and important to fully understand the developing law of family responsibilities discrimination." (Center for WorkLife Law)
Will New Voluntary Long-Term Care Insurance Program, CLASS, Succeed?
Excerpt: "Both the House and Senate health care reform bills currently being debated1 would establish a new voluntary long-term care insurance program. Called CLASS,2 the new program would be offered to all workers through the Department of Health and Human Services (DHHS)." (Watson Wyatt Worldwide)
Meeting Health Care Expenses in Retirement: How Ready Are Near-Retirees?
Excerpt: "A current challenge for colleges and universities is to manage the retirement patterns of their workers, particularly faculty. But if individuals feel ill-prepared to meet health care expenses, many will likely delay their retirement. Any changes to employer-sponsored retiree health benefits should consider the potential for such unintended consequences." (TIAA-CREF Institute)
Health Care Reform's Core Concepts for Employer Group Health Plans (PDF)
6 pages. Excerpt: "These core concepts appear in roughly similar form in both the House and Senate bill language and, while they may differ somewhat in content, timing, or application, already provide useful guideposts that employers should consider as they wrap up open enrollment for 2010 and begin to consider group health plan design parameters for 2011." (Morgan, Lewis & Bockius LLP)
A Comparative Analysis of Private Health Insurance Provisions of H.R. 3962 and S.Amdt. 2786 to H.R. 3590
Excerpt: "Besides the subsidies to individuals, small businesses would be eligible for tax credits to help them pay toward their employees' coverage. The Congressional Budget Office (CBO) estimated the bills' costs would be fully offset in both the 5- and 10-year budget windows by increased excise taxes and other revenues and decreased spending." (U.S. Congressional Research Service via opencrs)
Patients Sue HMOs and Insurance Companies Over Lack of Inspections Before Hepatitis Crisis
Excerpt: "HMOs and health insurance companies have a reputation for being immune to patients' lawsuits, but an avalanche of court cases has been filed against them in connection with a hepatitis outbreak in Southern Nevada. Health maintenance organizations and health insurance companies must be held accountable for telling people which doctors they must use, say the attorneys of people who contracted or were exposed to hepatitis C at Dr. Dipak Desai's Las Vegas Valley endoscopy clinics." (Las Vegas Sun)
Implications of Health Reform for Retiree Health Benefits (PDF)
20 pages. Excerpt: "Health insurance reform legislation pending in Congress would have a mixed impact on retiree health benefits, according to a study published today by EBRI. In the short term, some provisions of the legislation would help bolster early retiree coverage, while in the longer term other provisions could create significant incentives for employers to drop retiree coverage." (Employee Benefit Research Institute)
Communications Workers of America Issues Report Regarding So-Called 'Cadillac Tax'
Excerpt: "The Hill quotes as statement by CWA president Larry Cohen as saying, ''[t]his new data demonstrates irrefutably that the excise tax -- which will result in reduced coverage and increased costs for our middle-class families -- is the opposite of reform.' ... The CWA statement also makes note that its analysis 'tells a different story' from a White House blog post published Wednesday by Jason Furman, deputy director of the National Economic Council' (Bogardus, 12/17)." (Kaiser Family Foundation)
What's Fair Policy for Medical Liens?
Excerpt: "There are several types of medical liens. Medicare, Medicaid and ERISA are three of them. Each has a right of recovery that Congress or the U.S. Supreme Court has granted or identified, but not all have the same rights." (Michigan Lawyers Weekly)
[Opinion]
American Benefits Council Letter Finding the Current Senate Health Care Legislation Unacceptable (PDF)
6 pages. Excerpt: "We are unable to support the Senate bill in its current form and are increasingly disturbed that significant progress has yet to be made to address the problems it poses for employer-sponsored health care. Without significant improvements, we will have no alternative but tooppose the legislation as it is considered further by the Senate." (American Benefits Council)
[Opinion]
American Benefits Council/HR Policy Association Comments on Interim Final Rules on Genetic Information in Health Insurance Coverage and Group Health Plans (PDF)
12 pages. Excerpt: "We are particularly concerned about the significant restrictions the Rules impose on employers' ability to effectively use HRAs and disease and case management programs to improve employee health." (American Benefits Council)
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THE DEFINED CONTRIBUTION PLANS SUMMIT
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Executive Compensation; Benefits in General
[Guidance Overview]Treasury Correction of Rules on TARP Executive Compensation Restrictions
Excerpt: "The corrections provide that, for purposes of any TARP rule that applies only to the most highly compensated employees . . ., the determination of which employees are considered amongst the most highly compensated employees of a TARP recipient is made without regard to whether an employee is an SEO. Conversely, if a provision is applicable to both SEOs and a certain number of most highly compensated employees, the SEOs are excluded for purposes of determining the most highly compensated employees that are also subject to the provision, since SEOs are already subject to the provision." (McGuireWoods LLP)
[Guidance Overview]
SEC's Rules Related to Executive Compensation and Corporate Governance Disclosure (PDF)
Excerpt: "In her opening statement,3 Chairman Schapiro stated that although the new amendments will help shareholders exercise their 'oversight responsibility,' the SEC Staff continues to work on a comprehensive review of the infrastructure supporting the proxy process, including the role of proxy advisors. Chairman Schapiro also reiteratedher intention to bring final shareholder director nomination rules before the full Commission early next year." (Alston & Bird LLP)
SEC Approves Rules on Proxy Enhancements
Excerpt: "The Securities and Exchange Commission (SEC) has approved rules to enhance the information provided to shareholders to evaluate the leadership and compensation policies of public companies." (PLANSPONSOR.com)
House-Passed Financial Regulatory Overhaul Includes Say on Pay and Executive Pay Standards
Excerpt: "House-approved legislation to overhaul the nation's financial regulatory system includes measures requiring public companies to give shareholders an annual, nonbinding 'say on pay' vote and setting new independence standards for compensation committees and their advisers." (Mercer LLC)
2009 Equity Compensation Update now available
The NCEO's 2009 Equity Compensation Update, covering recent developments in the equity compensation field, is now available. It provides 15 hours of continuing education credit for CEP designees. (National Center for Employee Ownership (NCEO))
Tax Planning for a Happy New Year
Excerpt: "As the end of the year approaches, it is a good time to consider actions that may lower your tax bill this year and possibly next year as well. Year-end tax planning could be especially beneficial this year because several tax breaks will not be around next year unless Congress acts to extend them." (Haynes and Boone LLP)
Press Releases
US Labor Department Sues Owner of Minneapolis Coffee Company to Recover Employee SIMPLE IRA ContributionsU.S. Department of Labor, Employee Benefits Security Administration (EBSA)
U.S. Labor Department Investigation Results in Consent Judgment Requiring Zebulon, NC, Health Care Provider to Repay More than $73,000 to 401(k) Plan
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
U.S. Department of Labor Obtains Judgment Barring Officers of Defunct Charlotte, NC, Employee Staffing Company from Serving as Plan Fiduciaries
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
U.S. Department of Labor Sues Owner and Chief Operating Officer of Former Nashville, Tenn., Mortgage Banking Business to Protect Pension Funds
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
NBCH’s 2009 eValue8™ Results Stress Importance of Focusing on Keeping People Well, Not Just Treating the Sick
National Business Coalition on Health
John Hancock Retirement Plan Services Wins Communications Awards
John Hancock Retirement Plan Services
Benefit News: ACI Specialty Benefits Acquires Life Care Services EAP
ACI Specialty Benefits Corporation
BB&T Institutional Services Wins "Best in Class" Awards
BB&T Corporation
PlanServe Announces Release of Latest 403(b) Common Remitter Platform
PlanServe Data Systems
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