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November 2, 2012          Get Retirement News  |  Advertise  |  Unsubscribe
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Employee Benefits Jobs

Data Conversion Specialist - Client Implementation
for Diversified in NY

Retirement Services Manager
for Fulton Financial Corporation in PA

Senior Health Analyst
for The Segal Company in NY

Sr. Manager, Health Programs
for Apple Inc. in CA

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Webcasts and Conferences

A Practical Guide to Plan Year End Webinar
Nationwide on November 14, 2012 [CORRECTED DATE] presented by Multnomah Group

Will Employers Play or Pay? Health Care Reform�s Shared Responsibility Provision
Nationwide on December 5, 2012 presented by Thomson Reuters / EBIA

"ERISA Workshop 2012" - Detroit
in Michigan on November 29, 2012 presented by SunGard Relius

"ERISA Workshop 2012" - Syracuse
in New York on November 29, 2012 presented by SunGard Relius

"ERISA Workshop 2012" - Boston
in Massachusetts on November 30, 2012 presented by SunGard Relius

"Post" Script: What's Next for Employment-Based Health Benefits Forum
in District of Columbia on December 13, 2012 presented by Employee Benefit Research Institute (EBRI)


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District Court in Michigan Enjoins Enforcement of Mandatory Cost-Free Contraception Coverage
"A judge has blocked the government from taking any action against a Detroit-area company that opposes the contraception mandate in the new federal health law. Federal Judge Robert Cleland says the government could eventually win the lawsuit, but he ordered a preliminary injunction Wednesday in favor of Weingartz Supply Co., which ... says the contraception mandate violates the free speech rights of company owners who are Roman Catholic." (FoxDetroit.com)


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ACA Will Ease Decline in Health Plan Sponsorship by Small Employers
"One-third of employees making less than $15 an hour at small businesses could get health insurance through their jobs, and these workers were more likely than their higher-wage counterparts to report skipping needed medical care due to costs." (The Hill)

Small Employers May Not Understand ACA Requirements (PDF)
"Only two [of 439] employers in the survey had more than 50 employees ... [O]ne-third (34%) incorrectly believed that they were required to buy insurance for employees and about one-third (35%) did not know if they would be required to do so in 2014. Slightly less than one-third (31%) knew that they were not required to provide health insurance to their employees." (eHealth)

Assessing the Impact of Health Care Reform on New Businesses In Massachusetts
"Robert Nakosteen, a professor at the Isenberg School of Management of the University of Massachusetts Amherst said 'It's absolutely certain, to a 100-percent degree of probability, that the health care law in Massachusetts has created an environment where individuals can quit their jobs to take the risk to start new companies.' There is also, however, no way to verify this with a look at data." (The New York Times; free registration required)

Health Coverage Shrinks for Young Retirees
"[O]nly 17.7% of employees in 2010 worked for a private-sector business that offered health coverage to early retirees.... down from almost 29% in 1997.... 15.9% of employees in 2010 worked for a business that offered health coverage to Medicare-eligible retirees, down from 25.4% in 1997. The few companies that still offer retiree health benefits are raising premiums, tightening eligibility or reducing coverage." (MarketWatch.com)

Can Sustainable Hospitals Help Bend the Health Care Cost Curve?
"This study examines data from selected hospitals that have implemented programs to reduce energy use and waste and achieve operating room supply efficiencies.... [S]avings achievable through these interventions could exceed $5.4 billion over five years and $15 billion over 10 years." (The Commonwealth Fund)

ML Strategies Health Care Reform Update, October 31, 2012 (PDF)
Weekly update on developments in federal and state health care reform legislation and regulations. Includes summaries of recent announcements and regulatory activity by HHS, CCIIO, IRS and CMS. (Mintz Levin)

Benefits in General; Executive Compensation

How Do Employers Calculate FMLA Leave When Workplace Closes Due to Hurricane Sandy?
"[T]he regulations indicate that, if an employer's business is closed for a week or more because of the natural disaster, the days that the business is shuttered could not count against an employee's FMLA leave allotment." (FMLA Insights)

Assessing Employee Eligibility for Family Leave During Natural Disasters
"The FMLA does not, in itself, require employers to give employees time off to attend to personal matters arising out of a natural disaster, such as cleaning a flood-damaged basement, salvaging belongings or searching for missing relatives." (Society for Human Resource Management)

Sixth Circuit Holds SUB Payments Not Subject to FICA Taxes; Employers Should Consider Filing Refund Claims
"Although a definitive ruling on this issue is probably years away, employers need to determine what potential FICA refund claims they have and what to do to protect those claims.... Before filing a refund claim, the employer must either (i) reimburse the former employee for his or her portion of the FICA tax or (ii) obtain his or her written consent to pursue a refund claim." (McGuire Woods LLP)

Insurer is Proper Party in ERISA Benefits Claim Lawsuit, Seventh Circuit Rules
"The court noted that while lawsuits of this nature generally must be filed against the plan, there is an exception to this rule.... [A] participant seeking to recover ERISA-covered benefits may file a lawsuit against a party other than the ERISA plan where: (i) that party is 'closely intertwined' with the plan; and (ii) the party determines eligibility for benefits and makes benefit payments." [Ayotte v. Prudential Insurance Co. of America, 7th Cir.] (HighRoads)

Agenda of Upcoming Meeting of ERISA Advisory Council (PDF)
"[T]he Council members will receive an update from the Assistant Secretary of Labor for [EBSA] and present their recommendations ... on the following issues: (1) Current Challenges and Best Practices Concerning Beneficiary Designations in Retirement and Life Insurance Plans; (2) Examining Income Replacement During Retirement Years in a Defined Contribution Plan System; and (3) Managing Disability Risks in an Environment of Individual Responsibility.... Organizations or members of the public wishing to submit a written statement may do so by submitting 30 copies on or before November 19, 2012[.]" (Employee Benefits Security Administration)

Press Releases

Blask Named New NTSAA President
American Society of Pension Professionals & Actuaries (ASPPA)



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