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Health & Welfare Plans Newsletter

December 21, 2010

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P&I Retirement Plan Connections Online Conference - Thursday, January 27
Connect with leading industry experts, your colleagues & solutions providers without leaving your desk.
In straightforward language, this online conference will provide time-tested strategies from experts & your peers. Whether your objective is to build your business & best help your clients, or make prudent decisions for your plan participants, this conference will provide the answers you need. Register today FREE of charge.

[Official Guidance]
Text of Notice of Proposed Rulemaking: Health Insurance Premium Rate Increase Disclosure and Review (PDF)
136 pages. Excerpt: "This document contains proposed regulations implementing the rules for health insurance issuers regarding the disclosure and review of unreasonable premium increases under section 2794 of the Public Health Service Act. The proposed rule would establish a rate review program to ensure that all rate increases that meet or exceed an established threshold are reviewed by a State or HHS to determine whether the rate increases are unreasonable."
(U.S. Department of Human and Health Services)

[Guidance Overview]
Employer Notice Regarding Children's Health Insurance Program (PDF)
1 page. Excerpt: "Employers subject to this requirement must provide this notice by the date that is the later of (a) the first day of the first plan year after February 4, 2010, or (b) May 1, 2010, and annually thereafter. Therefore, employers operating group health plans on a calendar year basis must provide this notice by January 1, 2011."
(Patterson Belknap Webb & Tyler LLP)

[Guidance Overview]
Are Over-the-Counter Drugs, Bought During a Grace Period in 2011, Reimbursable from an FSA?
Excerpt: "No, for expenses incurred in tax years beginning after December 31, 2010, over-the-counter drugs may not be reimbursed from an FSA, unless they are prescribed drugs or insulin. The fact that the amounts would be reimbursed from unused 2010 contributions has no effect, since the drugs are purchased in 2011."
(Wolters Kluwer)

[Guidance Overview]
District Court Holds That ERISA Precludes a Plan Administrator with Claim Against the Insured from Pursuing Equitable Remedies Against Insured Attorney's Contingency Fee
Excerpt: "[The ruling] underscores that an employee medical benefit plan must seek reimbursement directly from the participant, and that the Supreme Court's ruling on ERISA reimbursement and subrogation provisions in Sereboff does not expand the scope of equitable restitution against third parties.'
(North Carolina Bar Association)

[Guidance Overview]
HHS's Additional Guidance on Waivers of Annual Limit Requirement, Including Model Notice Language
Excerpt: "Several large insurance companies have received waivers, so this new guidance is likely to be relevant for large numbers of employers. For these employers, the notice requirement may raise a few issues. For example, it is not clear who has primary responsibility for providing the notice, and, as a result, employers should consult with their insurer about the process to be followed."
(Employee Benefits Institute of America)

State Legislation and Actions Challenging Certain Health Reforms, 2010
Excerpt: "In response to federal health reform legislation and enacted law, some members of at least 40 state legislatures proposed legislation to limit, alter or oppose selected state or federal actions, including single-payer provisions and mandates that would require purchase of insurance.'
(National Conference of State Legislatures)

State Trends in Premiums and Deductibles, 2003-2009: How Building on the Affordable Care Act Will Help with Rising Costs and Eroding Benefits (PDF)
32 pages. Excerpt: "The authors describe how health reform offers the potential to reduce insurance cost growth while improving value and protection. If reforms succeed in slowing premium growth by 1 percentage point annually in all states, by 2020 employers and families together will save $2,323 annually for family coverage, compared with projected trends."
(The Commonwealth Fund)

National Business Group on Health Targets Cancer in the Workplace
Excerpt: "The National Business Group on Health has launched an ambitious, three-year initiative aimed at helping employers design benefit plans that reflect the latest scientific information and expert recommendations on cancer treatment and prevention."
(Employee Benefit News; one-time free registration required)

New Rules Would Require Health Insurers to Justify Double-Digit Rate Increases
Excerpt: "Health insurers seeking a rate increase of 10 percent or more in 2011 must publicly detail why the increase is needed, under proposed rules released by the Obama administration [today]."
(Henry J. Kaiser Family Foundation)

Antitrust Suit in Michigan Tests Health Law
Excerpt: "When the Justice Department filed an antitrust lawsuit against Blue Cross Blue Shield of Michigan in October, the unusual action was widely seen as a warning shot to dominant health insurance carriers in many other states. The case is viewed as a test for the Obama administration's introduction of the federal health care law, which is aimed at spurring competition and driving down costs."
(The New York Times; one-time registration required)

State of Nebraska's Wellness Program Wins Honor from Wellness Council of America
Excerpt: "Nebraska has been named the second state to win a Well Workplace Award, which recognizes organizations that have developed comprehensive programs that are producing results."
(Omaha World-Herald)

2010-2011 Treasury/ IRS Priority Guidance Plan Includes Guidance for Cafeteria Plans, Health Plans, and Fringe Benefits
Excerpt: "We note that there is no mention of guidance on a number of health care reform topics (e.g., the insured plan nondiscrimination rules and simple cafeteria plans), although we hope to see these issues addressed relatively soon."
(Employee Benefits Institute of America)

[Opinion]
American Benefits Council Comments to HHS Regarding PPACA Federal External Review Process (PDF)
4 pages. Excerpt: "The comments . . . do not directly relate to the specific operational questions regarding Independent Review Organization (IRO) standards as set out in the RFI, but instead are intended to address how such standards might relate to the Federal external review process as that process applies to self-insured plans under the Affordable Care Act, the interim final regulations, sub-regulatory and any future guidance."
(American Benefits Council)




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Benefits in General; Executive Compensation

[Guidance Overview]
IRS Relaxes Rules on Fixing Release-Contingent Payments in Nonqualified Deferred Compensation Plan
Excerpt: "IRS Notice 2010-80, issued November 30, 2010, grants NQDC plan sponsors more flexibility in correcting impermissible timing provisions for payments that are conditioned on employee actions, such as execution of a general release of claims or restrictive covenant agreement, and provides transition relief for such violations."
(Pillsbury Winthrop Shaw Pittman LLP)

The 2010 Year in Review for Plan Sponsors
The article presents a look at what happened, the current status, and what's ahead.
(PLANSPONSOR.COM)


Webcasts and Conferences

"Best of the 2010 IRS Q&A's" Web Seminar
Nationwide on January 18, 2011
presented by SunGard Insurance Systems

Accounting 203: Tax Accounting Basics
Nationwide on November 8, 2011
presented by National Center for Employee Ownership

Administration Software: Cloud- vs. Server-Based Technology
Nationwide on August 2, 2011
presented by National Center for Employee Ownership

Becoming an S Corporation ESOP
Nationwide on April 26, 2011
presented by National Center for Employee Ownership

Best Practices for Other Retirement Plans When You Have an ESOP
Nationwide on March 8, 2011
presented by National Center for Employee Ownership

Best Practices for S Corporation ESOPs
in Illinois on October 18, 2011
presented by National Center for Employee Ownership

Business Literacy
Nationwide on March 24, 2011
presented by National Center for Employee Ownership

Communicating Your ESOP
Nationwide on February 3, 2011
presented by National Center for Employee Ownership

Corporate Governance and Equity Compensation
Nationwide on October 12, 2011
presented by National Center for Employee Ownership

Death and Divorce and Equity Compensation
Nationwide on December 7, 2011
presented by National Center for Employee Ownership

Effective Boards of Directors: Best Practices in Governing an ESOP Company
in Georgia on June 15, 2011
presented by National Center for Employee Ownership

Effective ESOP Committees
Nationwide on February 15, 2011
presented by National Center for Employee Ownership

Equity Administration and Compliance - A Closer Look at FAS 123(R) (Now ASC Topic 718)
Nationwide on July 19, 2011
presented by National Center for Employee Ownership

ESOP Accounting: Financial Reporting by ESOPs
Nationwide on February 1, 2011
presented by National Center for Employee Ownership

ESOP Accounting: Financial Reporting by Plan Sponsors
Nationwide on February 8, 2011
presented by National Center for Employee Ownership

ESOP Audits and Voluntary Compliance Programs
Nationwide on June 7, 2011
presented by National Center for Employee Ownership

ESOP Company Case Studies: Open Book Management & Incentive Systems
Nationwide on June 28, 2011
presented by National Center for Employee Ownership

ESOP Company Case Studies: Structuring an ESOP Transaction
in California on April 28, 2011
presented by National Center for Employee Ownership

ESOP Company Symposium
in Texas on October 11, 2011
presented by National Center for Employee Ownership

ESOP Distribution Policies
Nationwide on February 22, 2011
presented by National Center for Employee Ownership

ESOP Feasibility
Nationwide on March 22, 2011
presented by National Center for Employee Ownership

ESOPs as a Business Transition Tool
Nationwide on March 15, 2011
presented by National Center for Employee Ownership

ESPP Pointers & Pitfalls
Nationwide on February 16, 2011
presented by National Center for Employee Ownership

Executive Compensation in ESOP Companies
Nationwide on March 10, 2011
presented by National Center for Employee Ownership

Executive Compensation in ESOP Companies
in Georgia on June 16, 2011
presented by National Center for Employee Ownership

Financial Reporting v2.0: A Look at Issues, Challenges, and Opportunities
Nationwide on May 25, 2011
presented by National Center for Employee Ownership

Fundamentals of Health and Welfare Plans
in Pennsylvania on April 13, 2011
presented by Towers Watson

Fundamentals of Retirement Plans
in Pennsylvania on April 11, 2011
presented by Towers Watson

Handling the Repurchase Obligation - How Repurchase Affects Valuation
Nationwide on May 26, 2011
presented by National Center for Employee Ownership

Handling the Repurchase Obligation - Legal Issues
in California on May 24, 2011
presented by National Center for Employee Ownership

Handling the Repurchase Obligation - Planning Issues
Nationwide on May 25, 2011
presented by National Center for Employee Ownership

How the Proposed Department of Labor Regulations will Affect ESOP Appraisals
Nationwide on June 23, 2011
presented by National Center for Employee Ownership

How to Navigate Problem Countries - Legal and Administrative Nightmares Around the Globe
Nationwide on March 15, 2011
presented by National Center for Employee Ownership

Is an ESOP Right for You?
in California on September 20, 2011
presented by National Center for Employee Ownership

Measuring and Managing Ownership Culture
Nationwide on March 29, 2011
presented by National Center for Employee Ownership

NCEO/Beyster Institute Employee Ownership Conference
in Colorado on April 13, 2011
presented by National Center for Employee Ownership (NCEO) and the Beyster Institute

Perfecting Performance: Using the CEPI's GPS Research for a Fresh Perspective on Performance Awards
Nationwide on January 13, 2011
presented by National Center for Employee Ownership

Recent Research on ESOP Companies
Nationwide on June 21, 2011
presented by National Center for Employee Ownership

Restricted Stock Units - Best Practices
Nationwide on June 7, 2011
presented by National Center for Employee Ownership

S Corporation ESOPs - Administrative Issues
Nationwide on May 18, 2011
presented by National Center for Employee Ownership

S Corporation ESOPs - Legal Issues
Nationwide on May 17, 2011
presented by National Center for Employee Ownership

S Corporation ESOPs - Valuation Issues
Nationwide on May 19, 2011
presented by National Center for Employee Ownership

Second-Stage ESOP Transactions
Nationwide on March 1, 2011
presented by National Center for Employee Ownership

Sustainable Leadership
Nationwide on January 26, 2011
presented by National Center for Employee Ownership

What You Need to Know as an Internal ESOP Fiduciary
Nationwide on May 3, 2011
presented by National Center for Employee Ownership

Year-end Review and Audit Preparation
Nationwide on September 7, 2011
presented by National Center for Employee Ownership


Press Releases

NTSAA & ASPPA To Launch New Magazine for Advisors
American Society of Pension Professionals & Actuaries (ASPPA)


Newly Posted Employee Benefits Jobs

Retirement Plan Supervisor
for SVA Retirement Plan Services, LLC
in WI

Retirement Plan Administrator
for Central IL company providing ERISA compliance related services
in IL

Regional Pension Consultant
for Retirement Alliance, Inc.
in ANY STATE

I3 Investment Product Manager
for Prudential
in CT

Senior Plan Consultant
for BPA, A BPAS Company
in PA




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