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May 9, 2011 Get Retirement News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

[Guidance Overview]
IRS Seeks Comments on Employer Shared Responsibility, Provides Clues to Future Rules on Full-Time Employees
"Some of the specific topics addressed in Notice 2011-36 include the following: how 'employer' would be defined; how 'employee' would be defined; definition of 'hours of service;' how hours of service would be calculated; applicable large employer status determined based upon the sum of full-time employees and full-time equivalents . . . ." (Wolters Kluwer Law & Business)

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[Guidance Overview]
Potential IRS Approaches to Employer Shared Responsibility Under Health Care Reform
"These provisions, commonly known as the 'play or pay' mandate, will impose a penalty on applicable large employers that do not provide employee health care benefits satisfying the requirements of the Affordable Care Act." (Verrill Dana, LLP)

[Guidance Overview]
Agencies Seek Comments on Health Care Reform's Shared Responsibility (Play or Pay) Provisions
"While this request for comments is not guidance, it provides helpful insight into the government's current thinking about the shared responsibility and 90-day waiting period provisions." (Thomson Reuters/EBIA)

[Guidance Overview]
HHS's HIPAA Opt-Out Procedures and Requirements for Self-Funded Nonfederal Governmental Plans (PDF)
"This opt-out election is not available to private plans, nor is it available to governmental plans that are not self-funded. Federal plans are also excluded from opting out. The model notice and enrollee notice are straightforward and most state and local governments will have no reason not to use the models if they wish to make opt-out elections." (Buck Consultants, LLC)

[Guidance Overview]
Interim IRS Guidance on W-2 Health Cost Reporting (PDF)
"Notice 2011-28 generally delays reporting of health costs on any W-2 Form until 2012. The Notice also provides transitional relief that exempts specific types of plans and coverages from reporting until further guidance is issued." (Buck Consultants)

[Guidance Overview]
Employer's Enrollment Mistake Leads to Damages for ERISA Fiduciary Breach Plus State-Law Claims
"The facts, procedural history, and some of the rulings in this case are out of the ordinary (for example, we question how the award of medical expenses was equitable relief under ERISA), and it appears that the employer may still defeat the state-law claims based on ERISA § 514 'ordinary preemption' . . . ." (Thomson Reuters/EBIA)

[Guidance Overview]
Updated CMS User Guide for MSP Reporting Clarifies an Exception for HRAs and Makes Various Technical Changes
"This latest iteration of the User Guide includes lots of refinements to the reporting process but few additions, a sign that many of the kinks have now been worked out of the reporting rules, and the program rules are becoming more stable." (Thomson Reuters/EBIA)

Evaluating Paid Sick Leave: Social, Economic and Health Implications for Seattle (PDF)
"[F]our in ten workers get no paid sick leave - including many restaurant, grocery, and health care workers who are on the front lines of food safety and public health." (Economic Opportunity Institute)

Vermont Lawmakers Approve Tax Conformity to PPACA
"Business Insurance reports that the measure would conform Vermont tax law to the federal health care reform law and subsequent Internal Revenue Service rules providing that the coverage can be extended on a tax-free basis through the end of the year in which the child turns 26." (PLANSPONSOR.COM)

Paternity Leave No Longer Restricted to Cubicle-Bound
"Texas Rangers pitcher Colby Lewis last month became the first Major League Baseball player to officially go on paternity leave, thanks to the MLB's new collective bargaining agreement with the players' union." (Business Insurance)

Preparing for Open Enrollment: Communication
"The first in EBN's three-part series on open enrollment offers benefits practioners' first-hand advice for creating effective open enrollment communications." (Employee Benefit News; free registration required)

San Diego Court Finds Retiree Medical Benefit Promises Are 'Not Vested'
"Officials in other states will be watching this case closely if it goes to appeals, and will clearly reference it in their own efforts to roll back OPEB (other post-employment benefits) elsewhere." (Governing)

Vermont Passes Final Version of Single Payer Health Care Bill
"The legislation works within existing structures but does guarantee publicly financed health care to every resident of Vermont." (Firedoglake)

Health Benefits Provided Under a 'Typical' Employer Plan
"The report does not purport to identify all the health benefits in a typical employer plan, but only a subset for which data are available." (Deloitte via

Benefits in General; Executive Compensation

IRS Seeking Public Comments on 2011-2012 Priority Guidance List
"The 2011-2012 Guidance Priority List will establish the guidance that the Treasury Department and IRS intend to issue from July 1, 2011 through June 30, 2012." (Wolters Kluwer Law & Business)

Equity Compensation Update Course Now Available
The NCEO's latest Equity Compensation Update course is now available. It provides articles and quizzes on recent developments in the field (from January 2010 through March 2011) in corporate and securities law; taxation; accounting; and equity plan design, administration, and analysis. The course provides 15 hours of continuing education credit for Certified Equity Professional (CEP) designees. (National Center for Employee Ownership (NCEO))

Press Releases

Employee Benefits Jobs

Executive Retirement Plans Reporting Specialist
for GuideStone Financial Resources in TX

VP, Investment Product Management & Development
for Prudential in CT

Account Manager
for ING Americas in FL

Education Consultant
for AXA Equitable in CA, TX

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Webcasts and Conferences

401(k) Rekon Advisor Symposium - Tampa
in Florida on June 7, 2011 presented by 401(k) Rekon

PPA Hot Topics Audiocast
Nationwide on May 11, 2011 presented by Conference of Consulting Actuaries

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Jeanette Hull, News Editor
David Rhett Baker, J.D., Editor and Publisher

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