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Health & Welfare Plans Newsletter

November 24, 2010

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Health Savings Account Answer Book answers over 600 questions in a format that's quick and easy to use. It tells you virtually everything you have to know to profit from HSAs - from how they work, what they offer participants, and how they can benefit employers to helping you determine how well they will fit your company or clients. It answers key questions on all aspects of HSA establishment, administration, and compliance - including rules and penalties, medical coverage, contributions and deductions, distributions, rollovers and transfers, and more.
Sponsored by Aspen Publishers

[Guidance Overview]
Group Health Plans May Change Insurers Without Losing Grandfathered Status (PDF)
Excerpt: "The amendment provides prospective relief only; it only applies to changes to group health insurance coverage that are effective on or after November 15, 2010. The amendment does not apply retroactively to changes to group health insurance coverage that were effective before November 15."
(Drinker Biddle & Reath LLP)

[Guidance Overview]
Group Health Plans Can Change Issuers Without Losing Grandfathered Status
Excerpt: "The new rule requires that, in order to maintain grandfathered status, the group health plan must provide - and the new health insurance issuer must require - documentation of the plan's prior coverage terms (including benefits, cost-sharing, employer contributions, and annual limits) sufficient to determine whether one of the identified changes that will cause loss of grandfathered status has occurred."
(Deloitte via

A Study of Employee Education Assistance Provided Under Section 127 of the Internal Revenue Code (PDF)
Excerpt: "This report updates the findings of [a] 1995 report by examining full-time employees who enrolled as students in 2007-08 and benefited from the Section 127 provision."
(Society for Human Resource Management via The Coalition To Preserve Employer Provided Education Assistance)

EBSA Public Hearing Agenda on Section 408(b)(2) Regulation Fee Disclosures to Welfare Benefit Plans (PDF)
2 pages. Hearing to be held December 7, 2010.
(U.S. Employee Benefits Security Administration)

Early Retiree Health Insurance under Health Care Reform
Excerpt: "The program began in June 2010 and is slated to operate until the end of 2013. It is intended to slow the decline in employer health coverage for retirees and to help tide people over until 2014, when other provisions of the law go into effect."
(Health Affairs)

Medical Loss Ratio Regulations Good for Consumers
Excerpt: "The new requirements are reasonable and achievable. Several significant coverage and system reform provisions in the new law will help insurers reduce wasteful spending and meet the targets."
(The Commonwealth Fund)

If Employers Walked Away from Health Coverage
Excerpt: "With such a large financial stake in the process, most employers are carefully watching the health reform battle and its potential implications. Those could be very different, depending on which side prevails. Now that the Republican Party has resurged in Congress, in large measure galvanized by a 'Repeal Reform' platform, let's imagine two scenarios."
(Henry J. Kaiser Family Foundation)

'McSurance' Health Coverage Wins a Regulatory Victory
Excerpt: "How's this for a deal: You pay me $13.09 a week. In exchange, I will pay your medical bills, but only up to $2,000 a year. Maybe that deal makes sense if you know with absolute certainty that your medical expenses in the coming year will fall between $680.68 ($13.09 each week for 52 weeks) and $2,000. It makes no sense at all if there's the slightest chance you might end up in the hospital."
(Washington Post.Newsweek Interactive Co. LLC)

Sessions by: Whirlpool, Office Depot, State of Missouri, INTEL, Time Warner, Inc., CDC (DHHS), St. Louis Co., Manatee Schools, City of Clearwater, Univ of Michigan, Mayo Clinic, Pinellas Co., St.Johns Schools, Quad Graphics/Quad Med, Athens-Clarke Co., City of Sarasota, Univ. of Iowa, Natíl Business Group on Health, Ironworkers Funds, Univ. of South Florida, Workers Comp Research Institute, Univ. of Minnesota, NCH Healthcare System, Update on Health Reform...and more sessions. Best Value in Health Benefits Continuing Education (HBCE) - highest quality and modest registration: $275 - $345. SHRM and other CE credits. Phone 941-484-1430 or Email:

Benefits in General; Executive Compensation

[Guidance Overview]
New IRS Reporting Required in Early 2011 for 2010 Exercises of Incentive Stock Options and Transfers of Stock Purchased Under ESPP (PDF)
3 pages. Excerpt: "Corporations that award incentive stock options to employees or sponsor an employee stock purchase plan are now required to use the Internal Revenue Service's newly issued Forms 3921 and 3922 in order to comply with the participant information statement and IRS information return requirements of Section 6039 of the Internal Revenue Code."
(Pillsbury Winthrop Shaw Pittman LLP)

ISS Publishes its 2011 U.S. Corporate Governance Policy Updates
Excerpt: "Last week . . ., ISS published its 2011 U.S. Corporate Governance Policy Updates, giving corporate America an indication of how ISS will recommend as to votes on executive compensation (and other) issues. [This Blog presents] the key policies for 2011, including changes from last year's policy . . . ."
(Michael S. Melbinger via Winston & Strawn LLP)

New Form 1099 Reporting May Be Repealed
Excerpt: "Senate Bill 3946 was introduced on November 15 to repeal the expanded Form 1099 reporting requirements under the Affordable Care Act."
(Deloitte via

Benefits Plan Management at Year-End
Excerpt: "Executives and managers responsible for their organization's employee benefit plans can find themselves busier than usual during year-end, with open enrollment periods, benefits modifications, health care reform, and the like. Where to start? This article highlights a number of year-end compliance tasks of which you may already be aware, and a few big picture decisions you may want to think about before it is too late."
(Chang, Ruthenberg & Long PC)

McGuireWoods Comments on Proposed Rules for Shareholder Approval of Executive Compensation and Golden Parachute Compensation (PDF)
5 pages. Excerpt: "Our comments focus on to the interplay of several of the proposed rules with common executive compensation practices."
(McGuireWoods LLP via U.S. Securities and Exchange Commission)

Webcasts and Conferences

Ethical Issues in Responding to Health Care Reform
Nationwide on December 16, 2010
presented by ABA Joint Committee on Employee Benefits

Understanding the New Cash Balance Plan Regulations
Nationwide on December 2, 2010
presented by Kravitz

Press Releases

PBGC Hails Continuation of Abitibibowater Pensions
Pension Benefit Guaranty Corporation (PBGC)

Charles Schwab Expands DCIO Sales Team
Charles Schwab & Co., Inc.

US Labor Department Settles Dispute with Former Tampa, Fla., Pharmaceutical Corporation over Retirement Plan Assets
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

US Labor Department Sues Former Orlando, Fla., Security Consulting Company to Restore 401(k) Plan Assets
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Newly Posted Employee Benefits Jobs

Defined Contribution Plan Administrator
for Brown & Brown of Detroit
in MI

Benefits Analyst (Program Analyst III, DBM)
for Maryland Department of Budget and Management
in MD

Relationship Manager
for The Standard
in OR

Director, Account Management- IRC25768
for Lincoln Financial Group

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