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August 2, 2011 Get Retirement News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

Retirement Plan Business Development Manager
for Huntington National Bank in OH

Director & Consulting Actuary - Retirement Plan Strategy
for Prudential in CT, IL

DC Plan Administrator
for WIA Consultants, Inc. in NY

401(k) Sales Professional
for Established New Jersey RIA Company in NJ

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Webcasts and Conferences

EPCRS: Plan Correction Issues Phone Forum
Nationwide on August 25, 2011 presented by Internal Revenue Service (IRS)

ERISA Update: Employer Liability Risks
Nationwide on August 1, 2011 presented by FutureOffice Network

FASB - Final Standards for Employer Participation in Multiemployer Plans Webcast
Nationwide on August 25, 2011 presented by International Foundation of Employee Benefit Plans


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[Official Guidance]
Text of Interim Final Rules on Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under PPACA (PDF)
Defines "religious employer" and incorporates the Preventive Services guidelines issued yesterday by HHS. "Written comments may be submitted . . . ." (U.S. Internal Revenue Service / Employee Benefits Security Administration / Centers for Medicare & Medicaid Services)


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Read our briefing, Medicare Insurance Exchanges: Reducing Health Care Costs without Reducing Benefits, to learn more about the advantages of providing your Medicare-eligible retirees with access to a Medicare insurance exchange.


[Guidance Overview]
Court Refuses to Dismiss COBRA Claim Based on Employer's Allegation That Termination Was for Good Cause
"As this court points out, the COBRA triggering event of termination of employment does not include termination because of gross misconduct." (Thomson Reuters/EBIA)

Corrections to Rules on Internal Appeals and External Reviews of Health Claims Issued
"None of the changes affect substantive requirements of the amended rules published in June. In issuing the July 26 corrections, regulators did not extend the comment deadline, which closed July 25." (Mercer LLC)

Keep Personal and Occupational Health Information Separate, EEOC Warns Employers
"Employers should not maintain employees' personal and job-related health data in the same electronic medical record, the Equal Employment Opportunity Commission (EEOC) cautions in an informal opinion letter." (Mercer LLC)

PPACA's Dependent Eligibility Rule Bumps Enrollment up 2%
"According to a survey of nearly 900 employers released by Mercer, PPACA's rule requiring employers to automatically enroll newly hired, or newly eligible, full-time employees into a health plan will cause enrollment to grow by another 2% on average in 2014, when the provision is slated to go into effect." (PLANSPONSOR.COM)

Is It OK Under the ADA and the GINA to Offer Wellness Incentives? EEOC Provides Answer
"The Bureau of National Affairs has obtained and released an opinion letter from Peggy Mastroianni, legal counsel for the Equal Employment Opportunity Commission, addressing [the question]." (Constangy, Brooks & Smith, LLP)

GAO Correspondence: CMS Conducts Oversight of Mid-Year Changes to Medicare Part D Formularies; Most Were Enhancements
"Sponsors also vary in the content of their formularies—the list of covered drugs and associated utilization management (UM) requirements. UM requirements include (1) step therapy, which requires that a beneficiary try lower-cost drugs before a sponsor will cover a more costly drug; (2) prior authorization, which requires a beneficiary to obtain the sponsor's approval before a drug is covered for that individual; and (3) quantity limits, which restrict the dosage or number of units of a drug provided within a certain period of time." (U.S. Government Accountability Office)

[Opinion]
Proposed HIPAA Reporting Requirement May Lead to Increased Compliance Costs and Enforcement Action
"Individual privacy complaints filed with covered entities and OCR may well increase if this new rule is adopted, either because covered entities will fail to completely or timely provide the access report, or because individuals reviewing their access report will find real or (more likely) perceived cases of inappropriate access to their records." (Poyner Spruill LLP)

Benefits in General; Executive Compensation

[Guidance Overview]
Forum Selection Clause Enforced in ERISA Claim Litigation
"The Plaintiff presented three reasons that the Court should not enforce the forum selection clause: #1 the SPA's forum selection clause is not explicit enough to be enforceable because it was 'buried' in the SPA and does not specifically reference Plaintiff's severance agreement; #2 forum selection clauses are not enforceable under ERISA; and #3 the forum selection clause was unreasonable." (Roy Harmon III / Health Plan Law)

SEC Pushes Back Adoption Date for Several Dodd-Frank Act Executive Compensation Provisions
"On Friday, the SEC modified its schedule for adopting rules relating to the Dodd-Frank Act, including the key provisions applicable to executive compensation, as follows . . . ." (Michael S. Melbinger via Winston & Strawn LLP)

July 2011 Employee Benefits Update (PDF)
The newsletter includes select compliance deadlines and reminders, retirement plan developments, health and welfare plan developments, and other issues of note. (Reinhart Boerner Van Deuren s.c.)

Press Releases

TIAA-CREF Institute Requests Submissions for the 2011 TIAA-CREF Paul A. Samuelson Award
(TIAA-CREF Institute)

CFDD 2011 Advisor Conference Illuminates The Path To The $2 Trillion Nonprofit Retirement Plans Opportunity & How To Replace The Noncompetitive Products Offered To The Nation's Educators
(Center for Due Diligence)

Chatham Partners Study on DCIO Market Available
(Chatham Partners)

Employer Health Plan Enrollment up 2% under PPACA’s Dependent Eligibility Rule, With Another Jump Predicted When the 2014 Provisions Take Effect
(Mercer)

Pacific Life Acquires Pension Advisory Group from JPMorgan Chase
(Pacific Life)

Callan Hires Four to Tackle Growing Business
(Callan Associates)

BPAS Hires Retirement Wholesaler in Northeast
(BPAS)

Castle Rock Partners With Morningstar to Support Fee Disclosure Reporting
(Castle Rock Innovations)



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