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Health & Welfare Plans Newsletter
December 23, 2009 
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HIPAA Privacy After HITECH: E-learning and Book Bundle Save up to 20%!
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[Guidance Overview]
Two-Month Extension to COBRA Subsidy Signed into Law on December 19th (PDF)
2 pages. Excerpt: "We understand that the Department of Labor will issue model notices, possibly within 30 days after enactment (i.e., January 18, 2010) and that the agencies may also issue Q&As to assist group health plans with compliance with these new requirements." (Groom Law Group)
[Guidance Overview]
Airline Flight Crew Technical Corrections Act Eases FMLA Eligibility Requirements for Airline Flight Crew
Excerpt: "Airline employers should take the following steps to comply with the Airline Flight Crew Technical Corrections Act. Carriers should amend their FMLA policies and procedures for pilots and flight attendants to comply with the new requirements for calculating hours of service requirements. Even though many carriers, by contract or policy, have already adopted their practices to allow for family and medical leave for flight crews, they should still review and modify their policies as necessary to comply with the new law and regulations that will be forthcoming." (Littler Mendelson P.C.)
Side-by-Side Comparison of Major Health Care Reform Proposals
Excerpt: "The Foundation has updated its interactive side-by-side health reform . . . comparison tool to reflect the Senate bill as amended and as expected to face a final vote on Thursday, Dec. 24. The update reflects provisions of the Senate Majority Leader's 'manager's amendment' approved by the Senate early Monday morning." (Kaiser Family Foundation)
Medicare Part D 2010 Data Spotlight: A Comparison of PDPs Offering Basic and Enhanced Benefits
Excerpt: "Companies that sponsor Medicare Part D prescription drug plans are required to offer a basic benefit, either the standard Part D benefit defined by law or an actuarially equivalent benefit design. Plan sponsors can also offer plans with enhanced drug benefits. Enhanced plans are required to have a greater actuarial value than basic plans, but plans vary in the ways in which they improve coverage. This Part D Data Spotlight examines key differences between basic and enhanced Medicare stand-alone prescription drug plans (PDPs), including monthly premiums, cost sharing, and gap coverage." (Kaiser Family Foundation)
Pre-65 Retirees Vexing Part of Retiree Health Issue
Excerpt: "As employers continue to evaluate retiree health benefits, a new study finds the most vexing part of the issue is what to do with coverage for pre-65 retirees. A news release about the joint study between Towers Perrin and the International Society of Certified Employee Benefit Specialists (ISCEBS) says the critical issue is that there continues to be a lack of affordable coverage before retirees hit age 65." (PLANSPONSOR.com)
OPM Says It Won't Follow Court Orders on Same-S.ex Benefits
Excerpt: "The federal Office of Personnel Management says it won't follow a federal court's orders to provide health benefits for same-s.ex spouses of the court's employees." (PLANSPONSOR.com)
[Opinion]
Public Employee Health Care Obligations (PDF)
4 pages. Excerpt: "Center President and CEO Elizabeth Kellar tells UK-based Life & Pensions magazine that pay-as-you-go funding of public [sector] retiree health benefits is not sustainable." (Risk.net via Center for State and Local Government Excellence)
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Complete Benefits Law Guidance from Law Journal Press
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Executive Compensation; Benefits in General
[Guidance Overview]New SEC Rules on Enhanced Compensation and Governance Disclosure and Top Ten Tips for Upcoming Proxy Season
Excerpt: "This Update provides an executive summary of the final rules and a more detailed summary of the key components of the final rule changes, as well as practical guidance on actions public companies should take to prepare for the 2010 proxy season." (Perkins Coie LLP)
[Guidance Overview]
Amended SEC Disclosure Requirements: Practice Pointers to Facilitate Compliance in 2010
Excerpt: "Following the effective date, companies will be required to disclose in their proxy statement or Form 10-K whether any of the company's compensation policies and practices (for all employees, not just executives) create risks that are reasonably likely to have a material adverse effect on the company." (Pepper Hamilton LLP)
[Guidance Overview]
SEC Amendments to Proxy Rules Concerning Disclosure of Executive Compensation and Corporate Governance
Excerpt: "Specifically, public companies now must begin considering new or expanded discussion of: Compensation policies for all employees that may present material risks. Stock option and other equity awards for named officers and directors. Director and nominee qualifications. Board leadership structure and role in risk oversight. Compensation consultants. Accelerated Reporting of Shareholder Votes on Form 8-K." (K&L Gates LLP)
[Guidance Overview]
SEC's New Proxy Disclosure Rules (PDF)
5 pages. Excerpt: "The new rules focus on disclosure regarding risk and risk oversight, director and director nominee qualifications, board leadership structure, potential conflicts of interest of compensation consultants, and other compensation matters." (Dechert LLP)
[Guidance Overview]
SEC's New Compensation and Corporate Governance Disclosure Requirements
6 pages. Excerpt: "The New Rules require the disclosure of shareholder voting results on a Form 8-K within four business days of the shareholder meeting, rather than in the next Form 10-Q or Form 10-K." (Dewey & LeBoeuf LLP)
Key Studies on Employee Ownership and Corporate Performance
In this article, the NCEO presents a concise table-based summary of the main research on the relationship between employee ownership and corporate performance. (National Center for Employee Ownership)
Webcasts and Conferences
Extension of COBRA Premium Subsidy Rules: How to Keep Turning on a Compliance DimeNationwide on January 21, 2010
presented by EBIA / Thomson Reuters
Risky Business? How To Comply With The New Proxy Disclosure Rules
Nationwide on January 13, 2010
presented by ABA Joint Committee on Employee Benefits
(Click to post your webcast or conference)
Press Releases
U.S. Department of Labor Sues to Protect Participants of 401(k) Profit-sharing PlanU.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Senate Health Care Reform Measure Still Does Not Meet Test of Strengthening Employer-sponsored Health Coverage
American Benefits Council
BNA Books Releases 2009 Cumulative Supplement to 'Employee Benefits Law'
BNA, Inc.
Vanguard Announces Plans for New Actively Managed Equity Fund
Vanguard
Costs For Long-Term Care Insurance Rise Slightly Study Finds
American Association for Long-Term Care Insurance
First National Study Examines U.S. Buyers Of Critical Illness Insurance
American Association for Critical Illness Insurance
(Click to post your press release)
Newly Posted Employee Benefits Jobs
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