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February 1, 2011 Retirement Plans Newsletter  |  Advertise  |  Unsubscribe

[Official Guidance]
Text of Opinion: District Court Rules Health Care Reform Act Unconstitutional (PDF)
"[T]his case is not about whether the Act is wise or unwise legislation, or whether it will solve or exacerbate the myriad problems in our health care system. In fact, it is not really about our health care system at all. It is principally about our federalist system, and it raises very important issues regarding the Constitutional role of the federal government." (American Benefits Council)


Register Now To Attend The Health Care Management Conference (advert.)

Sponsored by The International Foundation of Employee Benefit Plans

Attend the International Foundation’s Health Care Management Conference and receive up-to-date information on health care reform, learn how others are addressing similar issues and get tips on effective cost-saving techniques. Register Now!


[Guidance Overview]
Reviewing the Final Regulations of the Genetic Information Nondiscrimination Act
"[Employers are advised] to audit all medical-examination forms used to collect medical information and remove any unlawful inquiries." (Human Resource Executive Online)

Federal Court Judge in Florida Rules Health Law Unconstitutional
"[The judge] stopped short of granting a request by the plaintiffs to suspend the law pending further appeals, so in the short run, his ruling is unlikely to delay its ongoing implementation by the Obama Administration." (Henry J. Kaiser Family Foundation)

Contentious Clause at Heart of Health Law Challenges
"On its face, the clause gives Congress the power to regulate commerce 'with foreign Nations' and 'among the several States.' Through the decades, the U.S. Supreme Court has tended to define 'commerce' broadly, which some critics feel has given the federal government too much power at the expense of the states." (The Wall Street Journal)

PPACA Ruled Unconstitutional As a Whole
"The ruling came in State of Florida v. U.S. Department of Health and Human Services, a legal challenge to PPACA brought by governors and attorneys general in 26 states." (E Is for ERISA)

Employers Look to Bring More Restrictions and Transparency to Pharmacy Benefit Management Relationships
"[T]here's been a paradigm shift from how does an employer make the smallest impact on their employees to how do they get the most out of their prescription benefit dollar." (Employee Benefit News; one-time free registration required)

Dow Chemical Example Illustrates Success/Savings That Can Be Achieved from Introducing Electronic Health Records
"[T]he new EHR replaces and expands upon Dow's former health surveillance system by automatically identifying which employees are due for visits, notifying the employee by e-mail and allowing them to self-schedule their appointment." (Employee Benefit News; one-time free registration required)

Dental Insurance, the Third Most Requested Benefit, Can Be Voluntary
"With minor plan adjustments, a voluntary dental benefit can offer employees the flexibility in selecting their preferred dentist and provides a price point that is of value." (Employee Benefit News; one-time free registration required)

Senator Introduces Bill to Repeal HCR Employer Mandate
"[The] American Liberty Restoration Act (S. 19) would repeal the individual mandate that has prompted lawsuits by over 20 states. [The]American Job Protection Act (S.20) would repeal the employer mandate . . . ." (PLANSPONSOR.COM)

Employers Increase Flexible Workplace Options
"Employers that have taken steps recently to formalize flexibility programs promote the benefits as they try to stay competitive in a recovering economy. They contend that having options like telecommuting, flexible schedules, compressed workweeks and job sharing are crucial tools in attracting prospects, retaining talent and increasing productivity." (The Baltimore Sun)

As FMLA Absences Mount, the Employer Must Lay Down the Law
"In my experience, I find all too many employers that suffer through FMLA absenteeism percentages well above the single digits. In fact, a new client shared with me that as much as 30% of its workforce is absent on any given workday, the far majority of which is FMLA-related." (Franczek Radelet P.C.)


Complete Benefits Law Guidance from Law Journal Press (advert.)

Sponsored by ALM

The nation's workforce and health care system are constantly evolving and so are the legal issues. Law Journal Press helps you handle any benefits law question with up-to-date, authoritative books on all aspects of the field.


Benefits in General; Executive Compensation

[Guidance Overview]
Employers Should Review Severance Plans in Light of IRS Guidance
"Severance plans were included in the arrangements requiring consideration under Section 409A, since they provide for post-employment payments that can be paid beyond two-and-a-half months after the end of the calendar year in which an employee leaves." (Employee Benefit News; one-time free registration required)

Americans' Financial Capability
"Financial capability is measured in terms of how well people make ends meet, plan ahead, choose and manage financial products, and possess the skills and knowledge to make financial decisions." (The Pension Research Council; registration required to download papers)

Perks at Work, I-Deals, Can Work for Worst Performers
"These individualized deals can involve where people sit or whether they get more lab space; if they get any grief for showing up late; or whether they can duck out early to watch their children's events." (Pittsburgh Post-Gazette via The Journal Gazette)

NCEO Equity Compensation New Release Bundle
The NCEO has just released the 2011 editions of its leading equity compensation books. As a special promotion during the month of February, it is offering all five books as a bundle to everyone, NCEO members and nonmembers alike, at the discounted NCEO member price. (National Center for Employee Ownership)

Press Releases

Segal Releases 2010 Study of State Employee Health Benefits
(The Segal Company)

US Labor Department Obtains Court-appointed Independent Fiduciary for 401(k) Plan of Defunct Westerly, RI, Company
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))

Financial Engines Announces 401k Retirement Income Product
(Financial Engines, Inc.)

Integrated Benefits Institute Offers New Resource to Help Employers Improve Workforce Health, Lost Time and Productivity
(Integrated Benefits Institute)

Fiduciary Experts Partner To Strengthen Independent Certification Program
(Centre for Fiduciary Excellence (CEFEX))

Mercer’s 2011 Guide to Social Security and 2011 Medicare Booklet Now Available
(Mercer)

The Vitality Group Launches New App for iPhone® to Help Members Be More Active
(The Vitality Group)

BPAS Announces Link to Paylocity
(BPAS)

Mid Atlantic Trust Company Announces the Model Managers Selected to Participate in the Launch of ModelxChange
(Mid Atlantic Trust Company)

Mintz Levin Launches Center for Health Law & Policy
(Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.)


Employee Benefits Jobs

Pension Administrators in NJ
Northern NJ Mid-Size Pension Consulting Firm

Counsel in CO
Great-West Life

Daily Valuation Administrator/Recordkeeper in CA
Pension Specialists, Inc.

Regulatory Policy Analyst in DC
National Business Group on Health

Associate Editor in NY
Practical Law Company, Inc. (PLC US)

Pharmacy Benefits Consultant in CA
The Segal Company

Software Development Systems Analyst in CA
Pension Specialists, Inc.

Full-Time Employee Benefits Paralegal Position in TX
Texas Law/Retirement Plan Advisor Practice

Retirement Plan Administrator in MD
RSM McGladrey, Inc.

401(k) Participant Education Advisor in AZ, CA, TX
401(k) Advisors


Webcasts and Conferences

Retirement Plan Insights 2-Day Seminar
in Pennsylvania on May 10, 2011
McKay Hochman Co., Inc.

Retirement Plan Insights 2-Day Seminar
in Illinois on June 7, 2011
McKay Hochman Co., Inc.


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