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February 9, 2011 Retirement Plans Newsletter  |  Advertise  |  Unsubscribe  |  Past Issues

[Guidance Overview]
Affordable Care Act Nondiscrimination Provisions for Insured Plans
"PPACA, for the first time, extends the nondiscrimination rules already applicable to self-insured arrangements to fully-insured group health plans." (Miller & Chevalier Chartered)


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[Guidance Overview]
Company Call-In Policy Upheld, No Interference with Employee's FMLA Rights
"This decision illustrates the value of clearly stating company expectations with respect to employees' absence-notice requirements." (Jackson Lewis LLP)

[Guidance Overview]
Suffering from Super Bowl-Induced FMLA Leave?
"Prepare a list of probative questions you ask of all employees when they call in to report an absence. The employer has the right to know why the employee cannot report to work." (Franczek Radelet P.C.)

Summary of Major Health Care Reform Provisions That Vary by Employer Size (PDF)
(William Gallagher Associates Insurance Brokers, Inc.)

Affordable Care Act Ruled Unconstitutional by Florida District Court
"Addressing the government's Necessary and Proper Clause argument, the court explained that the Clause is not an independent source of federal power; it merely states the proposition that Congress can make effective the powers otherwise afforded to it by the Constitution." (Miller & Chevalier Chartered)

Out-of-Pocket Spending Caps Protect America's Families
"[The project] examines how the Affordable Care Act will protect insured people from high medical costs through new caps on out-of-pocket spending. It provides state-level estimates of how many residents will have spending that exceeds these caps and by how much, and it looks at how many of those residents work for small businesses." (Families USA)

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

Vermont Governor Proposes Single-Payer Health Plan
"[The governor released a bill] that would abolish most forms of private health insurance and move state residents into a publicly funded insurance pool." (Henry J. Kaiser Family Foundation)

Employers Increasing Use of Incentives for Wellness Programs
"A study by Fidelity Investments and the National Business Group on Health . . . suggests financial incentives have taken on greater importance in the drive to increase employee participation in health improvement programs." (PLANSPONSOR.COM)

48% of Employers Indicate They Are Waiting Regulatory Guidance Before Deciding on Health Benefits Packages
"Fifty-one percent of HR managers in a recent poll said they will keep their employee health coverage offerings." (PLANSPONSOR.COM)


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Benefits in General; Executive Compensation

[Guidance Overview]
Executive Compensation: Guidance on the Application of Code Section 162(m)(6)
"The Code section 162(m)(6) deductible limit also applies to compensation (1) earned, but deferred in 2010, 2011, and 2012 and (2) to which a deduction for such deferred compensation may be taken in 2013 or for any taxable year thereafter." (Miller & Chevalier Chartered)

[Guidance Overview]
Proposed Rules on Incentive Compensation for Financial Institutions with Assets Mandate the Deferral of Compensation
"The proposed rules [provide that, for covered institutions, any incentive-based compensation arrangement for any executive officer must provide for:] At least 50% of the annual incentive-based compensation of the executive officer to be deferred over a period of no less than three years, with the release of deferred amounts to occur no faster than on a pro rata basis . . . ." (Michael S. Melbinger via Winston & Strawn LLP)

[Guidance Overview]
SEC's Final Rules Under Dodd-Frank Regarding Proxy Disclosure of Shareholder Advisory Votes on Say-on-Pay Proposals
"The final rules, which can be found at www.sec.gov/rules/final/2011/33-9178.pdf, were adopted substantially as proposed, with only limited modifications. We discuss those modifications [in the target page]." (Cooley LLP)

New York Employment Tax Audits Increasing for Deferred Compensation Paid to Retirees
"[A] common issue is the proper sourcing, for state income tax purposes, of annual and long-term bonuses, equity compensation, and deferred compensation paid to retirees and other employees who move from New York." (Miller & Chevalier Chartered)

2010 State Legislative Development Update (PDF)
"On February 2, 2011, the U.S. Department of Labor released a report summarizing notable state labor and employment legislation enacted in 2010. These new laws included the following . . . ." (Winston & Strawn LLP)

Press Releases

PBGC Negotiates $8.2 Million Additional Pension Funding for Workers at Peterbilt unit of PACCAR Inc.
(Pension Benefit Guaranty Corporation (PBGC))

US Labor Department Obtains Judgment Restoring Nearly $194,000 to New Castle, Del., Company's 401(k) Plan
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))

Employers Voice Opinions on Benefit Plans, Gain Insight Into Plan Management and Strategies
(United Benefit Advisors)

Frank Moore Joins CPI Qualified Plan Consultants, Inc.
(CPI Qualified Plan Consultants, Inc.)

Employers Using HighRoads Procurement Services as Health Care Reform Increases Costs
(HighRoads, Inc.)

Chase Zander Appoints Kevin O’Shea as a Director and Relocates to New Offices in the City of London
(Chase Zander)

Healthcare Interactive, RMDDx Partner to Fight Heart Disorders
(Healthcare Interactive)

Middle-Income Americans Making Wrong Assumptions About Professional Retirement Advice, Study Says
(Bankers Life and Casualty Company)


Employee Benefits Jobs

Executive Director in WV for West Virginia Consolidated Public Retirement Board

Defined Benefit Administrator in CA for The Ryding Company

Defined Benefit Administrator in OH for Western & Southern Financial Group

Project Manager in AZ for WilmingtonTrust Company

Customer Service Associate in CT for Prudential

Post Your Job on EmployeeBenefitsJobs.com

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Webcasts and Conferences

EP Technical Guidance Phone Forum
Nationwide on March 4, 2011 presented by Internal Revenue Service (IRS)

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


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Jeanette Hull, News Editor
David Rhett Baker, J.D., Editor and Publisher
dbaker@benefitslink.com

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