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January 13, 2011 Retirement Plans Newsletter  |  Advertise  |  Unsubscribe

[Guidance Overview]
The EEOC Final Regulations for GINA Effective January 10, 2011 (PDF) – 3 pages. "GINA contains a wide range of available remedies including: reinstatement, injunctive relief, back pay, compensatory and punitive damages, attorneys' fees, costs and monetary fines of up to $100 per day per individual. Therefore, an employer who takes no adverse employment action against an employee, but has received an employee's genetic information, may still be liable for a fine of up to $100 per day." (Haynes and Boone, LLP)


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[Guidance Overview]
AK Steel Settles Another Lawsuit Over Retiree Benefit Cuts – "AK Steel has agreed to a settlement of a class-action lawsuit by a group of retirees from a Pennsylvania plant over cuts to benefits they thought were for life. The Pittsburgh Tribune-Review reports that the settlement requires AK Steel to put about $86 mil.lion into a Voluntary Employees Beneficiary Association (VEBA) to cover future benefits costs of retired hourly workers." (PLANSPONSOR.COM)

State Statutory Authority to Review Health Insurance Rates, Small Group Plans, 2010 – "New data on state statutory authority to review health insurance rates in the small group and individual markets are now available for 2010 from the Kaiser Family Foundation and Georgetown University's Health Policy Institute." (Henry J. Kaiser Family Foundation)

2010 Study of State Employee Health Benefits (PDF) – 6 pages. "State governments continue to balance providing valuable health benefits that meet the needs of employees and retirees and their dependents with the ever-increasing cost pressure of these benefits on limited budgets. Examining what other states are offering can be helpful in making tough decisions about potential changes." (The Segal Group, Inc.)

Workers' Health Risk Behaviors by State, Demographic Characteristics, and Health Insurance Status (PDF) – 13 pages. "In this national survey study, we found that workers' health risk behaviors vary substantially by state and by workers' socioeconomic status, insurance status, and race/ethnicity. Employers and workplace health promotion practitioners can use the prevalence tables presented in this article to inform their workplace health promotion programs." (U.S. Centers for Disease Control and Prevention)


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Benefits in General; Executive Compensation

[Guidance Overview]
Reporting Deadline for 2010 ISO Exercises and ESPP Stock Transfers Approaches – "For ISO exercises and ESPP stock transfers that occurred in 2010, the information statement must be provided to employees by January 31, 2011." (Dorsey & Whitney LLP)

[Guidance Overview]
Seventh Circuit Rules That Buyer of an Employer's Assets Is Not Liable for Retirement Benefits Payable Under the Employer's Top Hat Plan – "Generally, when a federal right is involved-here the plaintiff's right to retirement benefits under ERISA- the courts will impose liability on the buyer, even in a bonafide sale, so long as two conditions are met: (1) the buyer had notice of the liability before the purchase and (2) there is substantial continuity in the operation of the business before and after the sale. Prong (2) is normally met if no major changes are made in that operation. Here, the plaintiff failed to show that no major changes had occurred." (Stanley D. Baum)

Court's Ruling on WARN Act Could Benefit Employers – "In a decision that could be beneficial to employers, the 7th U.S. Circuit Court of Appeals has ruled that DHL Express (USA) Inc. and its German parent company did not violate the federal Worker Adjustment and Retraining Notification Act when it reached severance agreements with hundreds of unionized drivers." (Business Insurance)

Nancy Dittmer Discusses Diversification in an ESOP – In her latest column on the NCEO's Web site, Nancy Dittmer continues her discussion of diversification in an ESOP. (National Center for Employee Ownership)

Press Releases

US Department of Labor Announces a Public Hearing on Proposed Definition of Fiduciary Regulation U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

US Labor Department Obtains Consent Judgment Protecting 401(k) Assets of Former Raleigh, NC-based Human Resources Company U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

US Department of Labor Sues Defunct Minnesota Land Clearing Company and Owners to Recover Retirement Plan Assets U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

The SPARK Institute Urges EBSA To Clarify And Modify Proposed Target Date Fund Disclosure Rule SPARK Institute

Milliman Analysis: Corporate Pensions End 2010 on Strong Note but Funded Status Still Down for the Year Milliman USA

'10 for 2011': New Year’s Resolutions Defined Contribution Plan Sponsors Should Make Now Mercer


Employee Benefits Jobs

Sales Support Specialist
for Northwestern Benefit Corporation of Georgia in GA

TL II RP Administration
for The Standard in OR

Retirement Plan Administrator
for MVP Plan Administrators, Inc. in NC

Senior Employee Education Consultant
for PNC Bank, N.A. in PA


Webcasts and Conferences

Evaluating Your Third-Party Administrator: Are You Getting What You're Paying For?
Nationwide on February 3, 2011 Lorman Education Services

Interaction of Health Care Reform with Other Laws
Nationwide on February 7, 2011 Lorman Education Services

Roth Conversion and Portability
Nationwide on February 17, 2011 McKay Hochman Co., Inc.

Terminating 401(k) Plans & Other Defined Contribution Plans
Nationwide on January 19, 2011 McKay Hochman Co., Inc.

Understanding Roth Accounts in 401(k), 403(b), and 457(b) Plans
Nationwide on February 18, 2011 Lorman Education Services

Understanding the Impact of Health Care Reform
Nationwide on February 10, 2011 Lorman Education Services

WEB Chicago Chapter Lunch Meeting
in Illinois on January 26, 2011 Worldwide Employee Benefits Network (WEB)


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