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Health & Welfare Plans Newsletter

June 21, 2010

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The latest Health Care Reform information, highlighting what employers need to prepare for, is outlined in this e-learning course. The course reviews changes taking place annually between 2011 and 2014, the difference between grandfathered and nongrandfathered plans and the penalties for employers not offering health insurance. Learn how PPACA impacts your company today.

[Guidance Overview]
No Collective Bargaining Exception Under Health Care Reform
Excerpt: "In general, when federal legislation requires that significant changes be made to employee benefit plans, the question arises whether to require that such changes be made to collectively bargained plans during the term of the existing CBA that provides for such benefits, or to delay the requirement to make such changes until the next time benefits are negotiated in conjunction with a successor CBA."
(Jones Day)

[Guidance Overview]
At Least Six Types of Changes Will Cause a Plan to Lose Grandfathered Status Under Health Reform, According to Interim Final Rules
Excerpt: "The Affordable Care Act established two different types of health care plans: new plans (those established after March 23, 2010), and grandfathered plans, which are any group health plans that were in effect on March 23. Individuals who are enrolled in these plans may not be forced to terminate that coverage."
(Wolters Kluwer)

[Guidance Overview]
OPM Final Regulations Extend Leave Benefits for Domestic Partners of Federal Employees
Excerpt: "EBIA Comment: Interestingly, OPM confirms in the preamble that 'it has always been appropriate to consider same-s.ex domestic partners as a family relationship' for the purposes covered under these regulations, but that agencies have not been consistent in their interpretation."
(Employee Benefits Institute of America)

[Guidance Overview]
Agencies Issue Joint Regulations to Implement Grandfathered Plan Rules; Provide Important Clarifications Regarding Other Exceptions
Excerpt: "Employers who wish to preserve grandfathered status will need to carefully understand and apply these rules, and will be forced to design and administer plans with less flexibility than previously enjoyed."
(Employee Benefits Institute of America)

'Grandfathered' Regulations: What Do Employers Need to Know?
Excerpt: "[R]egulators are inviting comments on whether the following changes would result in a cessation of grandfathered health plan status: (1) changes to a plan structure (such as switching from a health reimbursement account to major medical coverage or from an insured product to a self-insured product); (2) changes in the plan's provider network; (3) changes to a prescription drug formulary; or (4) 'any other substantial change to overall plan design.'"
(Littler Mendelson P.C.)

Health Care Reform Information for Employers (PDF)
5 pages. The discussion focuses on the employment law provisions of health reform.
(Portfolio Media, Inc. via Haynes and Boone, LLP)

Most Employers Waiting to Make Dependent Health Coverage Changes
Excerpt: "A news release from the International Foundation of Employee Benefit Plans (IFEBP) about its survey report, Health Care Reform: What Employers Are Considering, said 67% of respondents aren't going to jump ahead of the law, while 20% say they are taking immediate action to comply."

Text of Brief of Secretary of Labor As Amicus Curiae in Support of Barboza v. California Association of Firefighters
Excerpt: "Focusing exclusively on Barboza's claim for benefits, the district court dismissed his suit in its entirety for failure to exhaust. Count 2, however, is a fiduciary breach claim that seeks injunctive and other equitable relief under ERISA section 502(a)(3) to remedy the failure of the Plan fiduciaries to operate the Plan in compliance with ERISA's full and fair review requirement, as elaborated in the Secretary's claims regulation.'
(U.S. Department of Labor)

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Webcasts and Conferences

A Roadmap for the New Electronic 5500
Nationwide on June 30, 2010
presented by Buck Consultants

Alternative Investing Summit
in California on December 5, 2010
presented by Opal Financial Group

Emerging Managers Summit South
in Texas on October 14, 2010
presented by Opal Financial Group

Endowment & Foundation Forum
in Massachusetts on November 1, 2010
presented by Opal Financial Group

European Alternative & Institutional Investing Summit
Nationwide on October 25, 2010
presented by Opal Financial Group

Global Asset Allocation Summit
in Nevada on October 3, 2010
presented by Opal Financial Group

Private equity Summit for Institutional
in California on September 15, 2010
presented by Opal Financial Group

Real Asset Investing Forum
in California on September 15, 2010
presented by Opal Financial Group

Press Releases

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Newly Posted Employee Benefits Jobs

Plan Administrator - Transaction
for New York Life Retirement Plan Services
in MA

Managing Director – Georgia & Alabama
for MassMutual Financial Group
in AL, GA

Manager of Retirement Services
for BeneTrends, Inc.
in PA

Financial Service Associate
in VA

Team Manager - Installation Services
for Transamerica Retirement Services
in CA

Team Manager - Installation Services - West Chester, Ohio
for Transamerica Retirement Services
in OH

DC Account Manager/Relationship Specialist
for Third Party Administration Firm
in GA

Strategic Communications Consultant
for New York Life Retirement Plan Services
in IL

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