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February 16, 2011 Retirement Plans Newsletter  |  Advertise  |  Unsubscribe  |  Past Issues

[Guidance Overview]
Health Care Reform Update
"Even though a federal judge in Florida ruled in late January that Health Care Reform is unconstitutional, don't expect any changes in the immediate future. Until and unless the U.S. Supreme Court invalidates the law, you can expect that federal and state governments will continue to implement it." (Warner Norcross & Judd LLP)


ftwilliam.com launches their DB(k) plan document. (advert.)

Sponsored by ftwilliam.com

The DB(k) document is available under any volume submitter 401(k) plan (prototype or IDP format) included in the retirement document package. See how to create a DB(k) and learn about issues raised by these new document types in our technical update.


[Guidance Overview]
Affordable Care Act's Small Business Tax Credit Available to Employers that Contribute to Multiemployer Plans
"[Employers may claim the tax credit] provided the two following conditions are met: (1) the multiemployer fund provides insured health coverage (i.e., medical, dental and/or or vision coverage); and (2) the small employers are otherwise eligible for the credit." (The Segal Group, Inc.)

[Guidance Overview]
The IRS Delay of Nondiscrimination Rules for Insured Health Plans
"If you currently offer a self-insured plan, check for current compliance with the Code Section 105(h) nondiscrimination rules. In the short-term, insured plans may still be a 'workaround' for executive plans or extended severance coverage." (Nelson Mullins Riley & Scarborough LLP)

[Guidance Overview]
New Claims Appeals and Review Rules Present Some Opportunities to Claimants and Concomitant Risks to Plans
"The regulations require 'strict adherence' to the new claims procedure. Substantial compliance or de minimus violations are not, the regulations state, sufficient to avoid the determination of non-compliance." (Roy Harmon III via Health Plan Law)

[Guidance Overview]
Employer's Frequent Calls to Employee During FMLA May Create Interference with That Leave
"One federal court recently found that an employer's frequent phone calls to the employee asking when she would return to work while she was on FMLA leave may have interfered with the employee's FMLA rights." (Ogletree, Deakins, Nash, Smoak & Stewart PC)

Employee Perspectives on Health Care: Employee Engagement (PDF)
"Only 59% of respondents say managing their health is a top priority, compared with 69% in 2008." (Towers Watson)

House Lawmakers Reintroduce Paid Parental Leave Bill for Federal Employees
"In addition to the four weeks of paid leave, the legislation also would allow feds to use any accumulated annual or sick leave to offset the 12 weeks of unpaid leave mandated by FMLA." (Government Executive)

MEWA Is Subject to State Laws, DOL Asserts
"The Custom Rail Employer Welfare Trust Fund . . ., an employee health care benefit program designed exclusively for the rail industry, is a MEWA and is not fully insured for purposes of ERISA, according to Department of Labor Advisory Opinion 2011-01A." (Wolters Kluwer)

Managing Employee Health Key to Controlling Benefit Costs
"The report calls on companies to incorporate workforce health into their overall strategy for protecting and developing their human capital resources. It also explains how HR teams are deploying healthcare performance management technology to improve employee health and productivity." (PLANSPONSOR.COM)


The Most Complete, Current, Easy-to-Use HSA Resource Available! (advert.)

Sponsored by Aspen Publishers

Health Savings Account Answer Book answers every HSA question... clarifies every HSA issue... in a format that's quick and easy to use. It tells you virtually everything you have to know to profit from HSAs.


Benefits in General; Executive Compensation

[Guidance Overview]
Proposed Rules Issued on Incentive Compensation of Financial Institutions (PDF)
"On February 7, 2011, federal regulators of financial institutions jointly issued proposed rulemaking . . . on Incentive-Based Compensation Arrangements under Section 956 of the Dodd-Frank Wall Street Reform and Consumer Protection Act." (Vorys, Sater, Seymour and Pease LLP)

[Guidance Overview]
Proposed Rules on Incentive-Based Compensation Arrangements
"A covered financial institution must submit an annual report to its appropriate federal regulator disclosing the structure of its incentive-based compensation arrangements. The format for the annual report will be specified by the appropriate federal agency." (Hinshaw & Culbertson LLP)

[Guidance Overview]
Your Employee Benefit Plans' Compliance Checklist for 2011
"In addition [to health care reform], there are significant 401(k) regulations issued by the DOL that become effective in 2011." (Nelson Mullins Riley & Scarborough LLP)

NCEO Offers Issue Brief Subscription
The NCEO is now offering a subscription to its issue briefs. Every time it releases an issue brief, subscribers will be able to download it immediately (a print-only subscription is available at an additional cost). The issue brief subscription replaces the Journal of Employee Ownership Law and Finance, and everyone who subscribed to the Journal as of the fall 2010 issue has been transitioned to an issue brief subscription. (National Center for Employee Ownership)

Responding to Acquisition Offers in ESOP Companies
Whether or not an ESOP company is for sale, it needs to understand what should happen when offers are made or solicited. This issue brief addresses the issues involved and also contains a step-by-step case study of the actual sale of an ESOP company. (National Center for Employee Ownership)

Employee Ownership Update for February 15, 2011
Corey Rosen comments: Many companies on the 100 Best Companies to Work For list have broad-based ownership plans. The NCEO has seen major technical problems in draft equity compensation plans it has reviewed. FASB shelved its project on whether the ESOP repurchase obligation should appear as a balance sheet liability. The CEPI offers a discount to NCEO members for its exam. Principal Financial is accepting applications for the 10 Best Companies for Employee Financial Security awards. (National Center for Employee Ownership)

Press Releases


Employee Benefits Jobs

Relationship Manager in CO for The Standard

Relationship Manager II/III in CA for The Standard

Relationship Manager in OH for The Standard

Relationship Manager in LA for The Standard

Account Manager in OH for Transamerica Retirement Services Corporation

Director, Retirement Strategy & Planning in CT for Prudential

Stock Plan Services Representative in AZ, CO for Charles Schwab

Senior Client Employee Benefits Advisor in DC, IL, NY, PA, TX for Morgan, Lewis & Bockius LLP

Post Your Job on EmployeeBenefitsJobs.com

View All Jobs

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Webcasts and Conferences

"Earned Income: Computing Compensation for the Self-employed" Web Seminar
Nationwide on March 3, 2011 presented by SunGard Relius

401(k) Rekon Advisor Symposium- Pittsburgh
in Pennsylvania on March 17, 2011 presented by 401(k) Rekon

Health Savings Accounts
Nationwide on March 1, 2011 presented by Lorman Education Services

Utilizing Mobile and On-Site Medical Clinics to Reduce Health Care Costs
Nationwide on March 24, 2011 presented by Lorman Education Services


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