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January 31, 2011 Retirement Plans Newsletter  |  Advertise  |  Unsubscribe

'Mini-Med' Health Plan Waivers Top 700, Says HHS
"As of Wednesday, HHS said it had approved a total of 733 waivers, up from 222 waivers that had been approved as of Dec. 3, 2010, the most recent prior date that information was available." (Business Insurance)


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[Guidance Overview]
Defendant's Counterclaim Dismissed In Provider Reimbursement Dispute
"In this litigation between BCBS and a group of health care providers, the defendant BCBS filed a counterclaims seeking alleged overpayments. The alleged overpayments were claimed due under the terms of collateral subscriber agreements." (Roy Harmon III via Health Plan Law)

[Guidance Overview]
Employer Not Liable for COBRA Notice Failure
"The court rejected the employee's claim that the employer had a duty to oversee the plan administrator or follow up with the plan administrator to ensure receipt." (PLANSPONSOR.COM)

[Guidance Overview]
Deadline to Submit Creditable Coverage Disclosures to CMS Approaches (PDF)
"Calendar year plans must submit this year's disclosure to CMS by March 1, 2011." (Buck Consultants)

[Guidance Overview]
TPA Breached Fiduciary Duties by Using Plan Assets to Pay Its Expenses Instead of Claims
"The court's holding regarding the TPA's fiduciary status is in line with other reported cases. . . . Not addressed, however, was why the funds in the segregated account were ERISA plan assets in the first place." (Thomson Reuters/EBIA)

Federal Agency to Launch Long-Term Care Insurance Open Season for Federal Employees
"In a Federal Register notice issued on Friday, the Office of Personnel Management announced that open season for the Federal Long-Term Care Insurance Program will run from April 4 through May 27." (Government Executive)

Upcoming Rules Pursuant to the Patient Protection and Affordable Care Act (PDF)
"A previous CRS report identified more than 40 provisions in PPACA that require or permit the issuance of rules to implement the legislation." (U.S. Congressional Research Service)

Insurers' Efforts to Prevent Health Care Fraud (PDF)
"This report presents updated information based on AHIP's 2010 study of fraud and abuse claims, detection strategies, and reported savings attributable to anti-fraud efforts from 2006 to 2008. The study included both quantitative data collection and open-ended questions that allowed anti-fraud professionals to describe their views and challenges." (America's Health Insurance Plans)

Health Insurance Premiums: Past High Costs to Continue for the Present and Future Without Health Reform (PDF)
"This report examines the past, present, and future regarding the likely effects of the law on premiums - along with what might happen without it." (U.S. Department of Health & Human Services)

Employer Liability for the Regular Commute (PDF)
"The 'going and coming' rule is not absolute, though. For example, it does not apply when the employee is involved in a trip that creates an incidental benefit to the employer." (The Daily Recorder via Shaw Valenza LLP)


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Benefits in General; Executive Compensation

[Guidance Overview]
Final SEC Rules on Say-on-Pay, Say-on-Frequency and Say-on-Parachutes
"The final rules require disclosure of golden parachute compensation arrangements under Item 402(t) for any transaction at which shareholders are asked to approve an acquisition, merger, consolidation or a proposed sale or other disposition of all or substantially all assets of the company, including Rule 13e-3 'going private' transactions and third-party tender offers." (McDermott Will & Emery)

[Guidance Overview]
SEC's Final Rules on Shareholder Say on Golden Parachute Pay
"Most important, the Final Rules clarify that the advisory vote 'Golden Parachute' payments will not be effective until proxy statements are initially filed on or after April 25, 2011 (unlike the SSOP and Frequency votes, which went into effect on January 21, 2011)." (Michael S. Melbinger via Winston & Strawn LLP)

[Guidance Overview]
SEC's Final Rules for Say-on-Pay, Say-When-on-Pay, and Golden Parachute Arrangements
"The say-on-pay and say-when-on-pay votes are required for companies' first annual or other meeting of shareholders occurring on or after January 21, 2011." (Wilson Sonsini Goodrich & Rosati)

[Guidance Overview]
IRS 2011 Maximums for Cents-Per-Mile and Fleet-Average Methods of Valuing a Vehicle's Personal Use
"If a company car is used for commuting or other personal uses that are more than de minimis, the employee will recognize income on the value of the personal use. That value may be determined using a general valuation rule or one of three special valuation rules . . . ." (Thomson Reuters/EBIA)

[Guidance Overview]
2011 Reporting & Disclosure Calendar for Staff Plans (PDF)
This version is for international union staff plan and fund office staff plan contacts. (The Segal Group, Inc.)

[Guidance Overview]
2011 Reporting & Disclosure Calendar for Multiemployer Plans (PDF)
An interactive online version of this calendar is available at http://www.segalco.com/publications-and-resources/multiemployer-publications/rd-calendar/. (The Segal Group, Inc.)

[Guidance Overview]
Supreme Court Holds Chevron Deference Applicable to 'Interpretive' Regulations (PDF)
"The U.S. Supreme Court's recent decision in Mayo Found. for Medical Education and Research v. United States . . . on the standard of deference for judicial review of 'interpretive' tax regulations, will inform both the future regulation-writing process for and challenges to employee benefit and executive compensation tax regulations." (Sutherland Asbill & Brennan LLP)

Say-on-Pay 2011: What Companies Have to Say on the Frequency Vote (PDF)
"Buck's analysis of proxy statements recently filed by nearly 150 companies indicates that a majority of the companies that included a say-on-frequency vote recommended a say-on-pay vote every three years." (Buck Consultants)

Presidential Memo on Extending Benefits to Same-S.ex Domestic Partners of Federal Employees
"Although legislative action is necessary to provide full equality to LGBT Federal employees, the agencies have identified a number of benefits that can be extended under existing law. OPM, in consultation with the Department of Justice, has provided me with a report recommending that all of the identified benefits be extended." (FedSmith Inc.)

Press Releases


Employee Benefits Jobs

Senior Client Relationship Manager in FL
The Newport Group

DC Administrator in OH
Third Party Pension Administration and Consulting Firm

Employee Benefits Associate in DC, IL
McDermott Will & Emery LLP

ERISA Attorney in NY
New York City Law Firm

Employee Benefits Associate in VA
Willcox & Savage, P.C.

401k Sales Hunter !!!! in AZ, CA, CT, FL, GA, IL, KY, MA, MI, MN, NY, OR, WA
ADP Retirement Services

401(k) Relationship Manager/Customer Service Representative in CO
ePlan Services, Inc.

Director, Risk Management in NJ
Prudential


Webcasts and Conferences

2011 First Quarter Update
Nationwide on February 9, 2011
McKay Hochman Co., Inc.

2011 First Quarter Update
Nationwide on February 9, 2011
McKay Hochman Co., Inc.

2011 First Quarter Update eSeminar
Nationwide on February 9, 2011
McKay Hochman Co., Inc.

2011 Spring Back-to-Basics Series
Nationwide on March 31, 2011
McKay Hochman Co., Inc.

Automatic Contribution Arrangements
Nationwide on April 14, 2011
McKay Hochman Co., Inc.

Complex RMD Issues
Nationwide on March 17, 2011
McKay Hochman Co., Inc.

Ethics for the Retirement Plan Professional
Nationwide on June 15, 2011
McKay Hochman Co., Inc.

Forces of Change: New Strategies for the Evolving Health Care Marketplace
in Massachusetts on September 12, 2011
Harvard School of Public Health Center for Continuing Professional Education

Form 5500 Update
Nationwide on March 22, 2011
McKay Hochman Co., Inc.

Participant Loans
Nationwide on June 21, 2011
McKay Hochman Co., Inc.

Qualified Default Investment Alternative
Nationwide on May 20, 2011
McKay Hochman Co., Inc.

Schedule C (Form 5500): The Second Time Around
Nationwide on March 29, 2011
McKay Hochman Co., Inc.


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