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BenefitsLink Health & Welfare Plans Newsletter

July 12, 2011 Get Retirement News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

Distribution Manager
for Heintzberger - Payne in OR

Vice President - Retirement Plan Services
for First National Bank of Omaha in NE

Supervisor, Policy Administration
for The Newport Group in FL

Account Executive Director - Retirement Services
for Principal Financial Group in KS

Sr. Retirement Plan Marketing Specialist
for Stifel, Nicolaus & Company, Inc. in MO

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Webcasts and Conferences

Fee Disclosure and Conflicts of Interest for ERISA 403(b) Plan Service Providers Webcast
Nationwide on August 11, 2011 presented by ASPPA (American Society of Pension Professionals & Actuaries)

Voluntary Fiduciary Correction Programs Workshop
in Illinois on August 16, 2011 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)


We also publish the BenefitsLink Retirement Plans Newsletter (free): Subscribe

[Guidance Overview]
Top Reasons to Change Your GASB 45 Valuation Schedule
"GASB 45 requires a complete actuarial valuation of public retiree health plans to be completed every 2 to 3 years (depending on number of plan members), and sponsors usually don't look forward to the administrative hassles of their next study. However, there are several situations where a new valuation could be advantageous and, likely, mandatory." (Van Iwaarden Associates)


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[Guidance Overview]
Transcript Now Available from DOL: Automatic Enrollment in Large Employer Health Plans
"[T]he Patient Protection and Affordable Care Act . . . require[s] an employer, to which the FLSA applies and who has more than 200 full-time employees, to automatically enroll new full-time employees in one of the employer's health benefits plan, subject to any waiting period authorized by law, and to continue the enrollment of current employees on the health benefits plan offered through the employer. . . . This public forum is meant to provide a guided conversation that we hope will generate a productive and informative exchange of ideas about these new health plan automatic enrollment provisions." (U.S. Employee Benefits Security Administration)

[Guidance Overview]
State Privacy Breach Laws May Trump HIPAA/HITECH
"[T]he HITECH Act limits the money damages that attorneys general can collect to $100 per individual affected, however not to exceed $25,000 for all violations of an identical requirement or prohibition during a calendar year. Some state health privacy laws impose higher money penalties on breaching parties, and recently the Indiana Attorney General invoked state law, over HIPAA/HITECH . . . ." (E is for ERISA)

[Guidance Overview]
Automatic Six-Month Filing Extension Is Provided for Health Plan Excise Tax Returns
"The automatic six-month extension applies if the group health plan or employer properly submits Form 7004—Application of Automatic Extension of Time to File by the original deadline for filing the Form 8928 and pays the excise taxes by the original due date." (Deloitte via BenefitsLink.com)

[Guidance Overview]
Accountable Plan Reimbursements May Not Substitute for Wages
"[A]n employer may not structure its compensation arrangement so as to avoid the payment of employment taxes by substituting reimbursements and expense allowances for amounts that would otherwise be paid as wages, as illustrated by a temporary reduction in an hourly wage amount only for as long as the tool rate amount is paid." (Deloitte via BenefitsLink.com)


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[Guidance Overview]
Illinois and New York State Tax Treatment of Domestic Partner Health Coverage
"Recent changes to Illinois and New York state laws impact health benefits, specifically the taxation of covering domestic partners, civil union partners and same-s.ex spouses." (Faegre & Benson)

Some Cities Moving Toward Transgender Health Care Coverage
"Last month, city commissioners in Portland, Ore., voted unanimously to offer employees insurance covering gender reassignment surgery." (USA TODAY)

Wisconsin to Review Health Savings Accounts for State Employees
"Budget legislation that has been signed into law requires Wisconsin regulators to examine the feasibility of offering state employees a high-deductible health insurance plan linked to health savings accounts." (Workforce.com)

Eliminating Tax Benefits for Employer-provided Health Coverage May Drive Workers to Insurance Exchanges
"[W]orkers may prefer to enter health insurance exchanges rather than keeping employment-based health coverage if the tax treatment for employer-provided health benefits is eliminated or significantly cut back as part of the federal debt reduction effort." (Wolters Kluwer Law & Business: Health Refom Talk Blog)

States Can Let Large Employers Tap Health Insurance Exchanges
"The regulations do not address whether employers with early retiree health care plans could obtain coverage through the exchanges or the extent to which employers could pay a share of the retirees' premiums." (Business Insurance)

Obama Administration Rolls Out Standards for Health Insurance Marketplaces
"[The health exchanges] may not satisfy liberals who argue that the exchanges should tightly regulate insurance and contract with selected health plans that offer the best deals. And they may not satisfy conservatives who want the exchanges to be wide open to any insurers that want to participate and meet minimum federal standards." (New York Times; free registration required)

Minn. Budget Stalemate Halts Removal of Adult-child Health Insurance Coverage Taxes
"Minnesota and Wisconsin are the only two states that have not conformed their tax laws to federal health care law concerning employer-provided coverage to employees' adult children." (Business Insurance)

Small Group Health Insurance in 2010: A Comprehensive Survey of Premiums, Product Choices, and Benefits (PDF)
"Within the small group market, premiums fell as firm size increased. Firms with between 26 and 50 employees paid an average of $406 per month for single coverage, while firms with between 11 and 25 employees paid an average of $419 per month for single coverage, and firms with 10 or fewer employees had average monthly premiums of $446 for single coverage." (AHIP Center for Policy & Research)

New Proposed HIPAA Privacy Rule Impacts Accounting of Disclosure Requirements
"On May 31, 2011, the Department of Health and Human Services (HHS) released a notice of proposed rulemaking (NPRM) to implement the statutory requirement under the Health Information Technology for Economic and Clinical Health Act (HITECH Act), whereby covered entities and business associates must account for disclosures of protected health information (PHI) made through an electronic health record (EHR) to carry out treatment, payment, and health care operations (TPO)." (Polsinelli Shughart)

Benefits in General; Executive Compensation

[Guidance Overview]
IRS Issues Proposed Rules on Performance-Based Pay
"[S]ince the IRS views these rules as a clarification of requirements already in effect, there would seem to be little reason to wait until the issuance of final regulations before making changes to a plan." (Dinsmore & Shohl LLP)

[Guidance Overview]
ERISA Prohibited Transaction Exemptions Not Subject to Dodd-Frank Credit Rating Reviews
"Individual prohibited transaction exemptions (PTEs) with credit-rating conditions will remain in force despite the Dodd-Frank Act, according to an online FAQ from the Department of Labor (DOL)" (Mercer Select)

A $108,000 Pension for Lifeguards?
"Lionized—and trivialized—by movies and TV shows, especially the long-running 'Baywatch,' they too have been hit by the tsunami against public employees with six-figure paychecks and pensions." (MSN Money)

Press Releases



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Jeanette Hull, News Editor
David Rhett Baker, J.D., Editor and Publisher
Lois Baker, J.D., President
Holly Horton, Business Manager

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