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March 1, 2011 Retirement Plans Newsletter  |  Advertise  |  Unsubscribe  |  Past Issues

[Guidance Overview]
MEWA That Was Still Not Fully Insured After Revisions to Insurance Certificate Remained Subject to State Regulation
"Despite revisions to an insurance certificate, a welfare trust fund that was a MEWA was not fully insured for purposes of preemption provisions of ERISA and, thus, was subject to state insurance regulation to the extent that the state law was not inconsistent with ERISA, according to EBSA Advisory Opinion No. 2011-01A." (Wolters Kluwer)


The 8th Annual World Health Care Congress(WHCC). April 4-6, 2011 (advert.)

Sponsored by World Congress

The 8th Annual World Health Care Congress (WHCC) is World Congress' flagship event in which over 1,800 health care, government and corporate leaders formulate solutions to the challenges of health care cost, quality and delivery.


[Guidance Overview]
Employee's Failure to Return Supervisor's Phone Calls Dooms FMLA Claim
"When an employee's request for medical leave is vague or is unclear, the Family and Medical Leave Act regulations specifically allow (in fact, they require) the employer to question the employee further to determine whether the absence potentially qualifies under the FMLA." (Franczek Radelet P.C.)

[Guidance Overview]
Schedule of Benefits Properly Described the Plan's Out-of-Pocket Maximum
"This case illustrates the importance of adequate disclosure to participants. The DOL regulations require an SPD to include, among other things, a description of the plan's cost-sharing provisions and the circumstances under which coverage is provided for out-of-network services." (Thomson Reuters/EBIA)

Health Care Cost Increases Moderated In 2010
"The average per capita cost of health care services covered by commercial insurance and Medicare programs rose 6.06% over the 12 months ending December 2010, according to the Standard & Poor's (S&P) Healthcare Economic Composite Index." (Wolters Kluwer)


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.


San Diego County, California, Sick Payout Is No Universal Perk: Fewer Than Half of Employers in Survey Offer It, Almost All Pay Less
"The county's sick leave payout for its managers is uncommon in the region, and a survey of 39 employers by The San Diego Union-Tribune found only one that offers a benefit more generous." (The San Diego Union-Tribune)

Insurance Trade-Off: Reducing Premiums by Eliminating Expensive Doctors and Hospitals
"When consumers and employers pick health plans, some increasingly are being offered a trade-off these days: They can get a hefty break on their premiums if they agree to pay more out-of-pocket when they use certain high-cost providers in their network or if they cut those providers out of their network altogether." (Henry J. Kaiser Family Foundation)

Government Presses Fight Over Les.bian Employee's Benefits
"Given the recent Obama policy shift on the marriage act, U.S. District Judge Jeffrey White issued a written order last week asking the administration to explain how it could continue defending the Golinski lawsuit." (The New York Times; free registration required)

[Opinion]
American Benefits Council Comments Regarding Value-Based Insurance Design in Connection with Preventive Care Benefits (PDF)
"The Council supports the development of additional guidelines for value-based insurance designs that ensure value and quality, while ensuring access to evidence-based preventive services." (American Benefits Council)

Benefits in General; Executive Compensation

[Guidance Overview]
Not Readily Apparent What the DOJ Means by a 'Definitive' Finding of Unconstitutionality of DOMA
"The DOJ Letter states that the Executive Branch and Federal Agencies will continue to enforce DOMA 'unless and until Congress repeals Section 3 or the judicial branch renders a definitive verdict against the law's constitutionality.' Therefore, employers should continue to administer their plans and report taxes as required by DOMA." (Dorsey & Whitney LLP)

Text of Background Information on Tax Expenditure Analysis and Historical Survey of Tax Expenditure Estimates
"Tax expenditure analysis can help both policymakers and the public to understand the actual size of government, the uses to which government resources are put, and the tax and economic policy consequences that follow from the implicit or explicit choices made in fashioning legislation." (U.S. Congress Joint Committee on Taxation)

ERISA Loopholes: Accidental Death Becomes Suicide When Insurers Don't Pay
"Insurers can make erroneous arguments with near impunity when it comes to the 112.8 mil.lion life and accidental death policies provided by companies and associations to their employees and members. That's because of loopholes in a federal law intended to protect worker benefits." (Bloomberg L.P.)

Ma.le Pensioners to Lose Out If European Court Backs Insurance Gender Equality
"Millions of men approaching retirement could be left thousands of pounds worse off if a European court rules on 1 March that insurance companies can no longer use gender to calculate annuity rates and insurance premiums." (Guardian News and Media Limited)

Brewing Firm's Recipe for a Great Place to Work Includes Beer, Bikes and Open Books
"At New Belgium, doing business is about something bigger. Its purpose statement: 'To operate a profitable brewery which makes our love and talent manifest.'" (www.DesMoinesRegister.com)

Impact on Employer Plans of President Obama's Decision Not to Defend DOMA
"For now, President Obama's decision not to defend the constitutionality of the Defense of Marriage Act . . . should not affect how employers administer their employee benefit plans. This Communique explains the President's decision and its impact on employer-sponsored plans." (Thorp Reed & Armstrong, LLP)

[Opinion]
Limit Pay, Not Unions
"Across the country, taxpayers are providing pensions, benefits and job security protections for public workers that almost no one in the private sector enjoys. Taxpayers simply cannot afford to continue paying these costs, which are growing at rates far outpacing inflation." (Michael R. Bloomberg via The New York Times; free registration required)

Press Releases


Employee Benefits Jobs

Retirement Plan Internal Wholesaler in IL for John Hancock

Defined Benefit Pension Plan Administrator in NJ for E.H. Thomson & Co., Inc.

Plan Administrator for Retirement Plan & ERISA Specialists in IL for Dana Consulting Group, Ltd.

Consulting Actuary in ANY STATE for The Angell Pension Group, Inc.

Client Coordinator in NC for Hill, Chesson & Woody Employee Benefits Services

Pension Participant Service Specialist in WI for CUNA Mutual

Assistant Director of Pension Services in MD for Snyder Cohn, PC

Retirement & Investment Specialist in WI for CUNA Mutual

Qualified Plan Analyst in FL for The Newport Group

Recordkeeping Administrator in CO for Envoy Financial

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Webcasts and Conferences

2011 Second Quarter Update
Nationwide on May 17, 2011 presented by McKay Hochman Co., Inc.

2011 Second Quarter Update
Nationwide on May 18, 2011 presented by McKay Hochman Co., Inc.

Looking Ahead to the Health Care Exchanges: What You Need to Know Now
Nationwide on March 10, 2011 presented by International Foundation of Employee Benefit Plans


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