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January 30, 2014          Get Retirement News  |  Advertise
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Employee Benefits Jobs

Pension Administrator/Employee Benefits Consultant
CliftonLarsonAllen LLP
in IL

Part Time On Call Retirement Education Specialist
BlueStar Retirement Services
in ANY STATE, FL, KS, NY, TX, WI

Daily Operations Associate
Alliance Benefit Group of Michigan
in MI

Client Service Manager, Defined Benefit
The Newport Group
in FL, WI

Implementation Project Manager
The Newport Group
in FL

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Webcasts and Conferences

HIPAA HITECH 101
February 3, 2014 WEBCAST
(Clearwater Compliance)

Small Business Health Options Program (SHOP) Webinar Series I
February 11, 2014 WEBCAST
(Centers for Medicare & Medicaid Services (CMS))

Affordable Care Act 101 Webinar
February 13, 2014 WEBCAST
(U.S. Small Business Administration (SBA))

4th Annual Leadership Summit on Ancillary Products and Voluntary Benefits
March 11, 2014 in FL
(World Congress)

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  LinkedIn   Twitter   Facebook Hand-picked links to the web's best news articles,
official guidance, jobs, webcasts and more.
[Guidance Overview]

Proposed Regs Expand Definition of Excepted Benefits
"Employers should review their dental, vision and EAP benefits to determine whether the benefits now meet, or could be designed to meet, the expanded definition of excepted benefits in the proposed regulations. Employers should conduct an analysis to determine the feasibility of providing the limited wraparound coverage to eligible employees and whether it makes sense for the employers' population. Finally, if changes are made to plans to amend existing benefits or add benefits that will qualify as excepted benefits under the expanded definition added by the proposed regulations, employers should update plan documents and summary plan descriptions and review and revise enrollment materials and employee communications as necessary to reflect any changes." (McDermott Will & Emery)  


[Advert.]

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Text of Seventh Circuit Decision Affirming District Court Grant of FMLA Leave for Las Vegas Trip with Terminally Ill Family Member
"[P]erhaps what the Park District means to argue is that the real reason Beverly requested leave was in order to take a free pleasure trip, and not in order to care for her mother. Whether that sort of argument is borne out by the record -- which suggests that Sarah arranged the trip with her social worker as part of her end-of-life hospice planning, that Beverly consulted with Sarah's doctor about what would be required on the trip, and that Beverly did in fact provide care in Las Vegas -- is not for us to decide at this stage. However, we note that an employer concerned about the risk that employees will abuse the FMLA's leave provisions may of course require that requests be certified by the family member's health care provider." [Ballard v. Chicago Park District, No. 13-1445 (7th Cir. Jan. 28, 2014)] (U.S. Court of Appeals for the Seventh Circuit)  

Federal Government Further Refines Individual Mandate Penalties
"If employee contributions to HRA amounts are used to pay premiums, then they would be counted as part of the employee's required contribution, when determining whether or not coverage is unaffordable. If HRA funds are used not for premiums but to pay cost-sharing amounts, such as copays and deductibles, then those contributions could not be counted. Of course, the HRA must be offered in conjunction with a major medical health plan in order to impact this determination[.]" (Thompson SmartHR Manager)  

Kaiser Health Tracking Poll: January 1 ACA Implementation Didn't Register with the Public
"[E]ven after most of the ACA's major provisions took effect on January 1, a large majority of the public (62 percent) continues to believe that only 'some' provisions of the ACA have been put into place thus far. Only about one in five (19 percent) say 'most' or 'all' provisions have been implemented, up somewhat from 9 percent last March." (Kaiser Family Foundation)  

Understanding Differences Between High- and Low-Price Hospitals: Implications for Efforts to Rein in Costs
"This study used private insurance claims data to identify hospitals receiving inpatient prices significantly higher or lower than the median in their market.... High-price hospitals fared much better than low-price hospitals did in U.S. News & World Report rankings, which are largely based on reputation, while generally scoring worse on objective measures of quality, such as postsurgical mortality rates. Thus, insurers may face resistance if they attempt to steer patients away from high-price hospitals because these facilities have good reputations and offer specialized services that may be unique in their markets." (Health Affairs)  


[Advert.]

Health Savings Accounts - February 19 webinar

Sponsored by Lorman and BenefitsLink

Focusing on final comparability rules for employer contributions and new contribution limits and IRS guidelines, this webinar will explore new design opportunities for employers. Special BenefitsLink discount.



Flu Remedy: Can an Employee Get FMLA Leave for the Flu?
"[W]hen an employee calls out sick with the flu, is the employee entitled to leave under the Family Medical Leave Act (FMLA)? Yes, if the FMLA-eligible employee is incapacitated for more than three full consecutive days and either: (1) consults with a doctor two or more times within 30 days, or (2) consults with a doctor once and receives a regimen of continuing treatment (i.e., prescription medication). However, if the flu only lasts a few days and does not require medical treatment, it will not trigger protections under the FMLA." (Society for Human Resource Management)  

Will Employers Have a Cheat Sheet for 2015 ACA Decisions?
"An employer offering compliant Play or Pay Mandate coverage to its workforce in 2014 should not receive any notice from the Exchanges. However, if an employer did not offer coverage to its workforce, offered coverage that did not provide minimum value, or offered coverage that was not affordable, the employer should receive a notice for each employee who is receiving a premium tax credit in 2014. Employers receiving the notices will have a valuable piece of information to make their Play or Pay decision in 2015." (Moulder Law)  

CBO's Analysis of Federal Health Care Policy (PDF)
18 presentation slides. Excerpt: "Federal spending for health care programs is growing much faster than other federal spending and the economy as a whole... Even after the [ACA] is fully implemented, most federal dollars for health care will support care for older people... Improving the health of the population would help people and might (or might not) help the federal budget... Cutting federal subsidies for health insurance would help the budget but would leave affected people to bear higher costs." (Congressional Budget Office)  

Hobby Lobby Supreme Court Amicus Briefs
"Over 50 briefs were filed in support of the Green family." [The linked page provides a list of the amicus briefs filed in this case, with hypertext links to the text of each.] (The Becket Fund)  

[Opinion]

Four Words in the ACA Could Spell Its Doom
"Some have suggested that the language limiting subsidies to state-run exchanges is a drafting error. Well. Some of the ACA's myriad defects do reflect its slapdash enactment, which presaged its chaotic implementation. But the four potentially lethal words were carefully considered and express Congress's intent. Congress made subsidies available only through state exchanges as a means of coercing states into setting up exchanges." (George F. Will in The Washington Post; subscription may be required)  

[Opinion]

Imposing Limits to First-Dollar Coverage Would Increase Cost-Sharing for Medigap Policyholders
"Adding a new tax on Medigap would increase costs for vulnerable beneficiaries who rely on the predictability and financial protection Medigap provides. In addition, proposals that would limit first-dollar coverage in Medigap policies 'would cause the most harm to those beneficiaries who have the greatest need for coverage, the sickest individuals and people with low and modest incomes' ... This finding echoes stakeholders' concerns regarding proposals that would prohibit Medigap first dollar coverage[.]" (America's Health Insurance Plans [AHIP])  

Benefits in General; Executive Compensation

'An ERISA Claim Walks Into a Bar ...' -- A Follow-up on Heimeshoff V. Hartford Life
"The Court further stated that even in the rare cases where internal review prevents participants from bringing ERISA 502(a)(1)(B) actions within the contractual period, 'courts can apply traditional doctrines that may nevertheless allow participants to proceed. If the administrator's conduct causes a participant to miss the deadline for judicial review, waiver or estoppel may prevent the administrator from invoking the limitations provision as a defense.'" [Heimeshoff v. Hartford Life and Accident Ins. Co., No. 12-729 (S. Ct. Dec. 16, 2013)] (Bloomberg BNA)  

Tying a Windsor Knot (PDF)
"Proponents of same-sex marriage had momentum on their side in 2013 as the Supreme Court struck down parts of the Defense of Marriage Act and overturned California's Proposition 8, and five state legislatures legalized same-sex marriage. In addition, New Jersey and New Mexico state courts decided marriage licenses cannot be denied to same-sex couples, while federal court rulings striking down Oklahoma's and Utah's bans on same-sex marriage are on hold pending appeal. In light of these developments, employers need to ensure that they have made all necessary changes to their retirement and employee benefit plans and their employment policies to reflect the changing legal landscape." (Buck Consultants)  

Supreme Court Says Clock for Appeal of ERISA Decision Began Running Sooner Than Plaintiff Expected
"ERISA section 502(g) entitles an ERISA litigant to ask for an award of fees if the litigant can demonstrate that it has achieved 'some degree of success on the merits', and motions to recover those fees will certainly continue. However, the decision in [Ray Haluch Gravel Co. is a strong reminder that the Supreme Court believes that the requirements of federal procedure are important, and that failure to comply with them could result in the loss of important rights and claims under ERISA. The practical outcome of Ray Haluch Gravel Co. is likely to be filings of appeal notices earlier in the proceedings, with subsequent requests to consolidate appeals of any later decisions relating to fees and costs." (Williams Mullen)  

Recent Trends in Federal Civilian Employment and Compensation
"[Of] the 1.96 million permanent career employees on board as of September 2012, nearly 270,000 (14 percent) were eligible to retire. By September 2017, nearly 600,000 (around 31 percent) will be eligible to retire, government-wide. Spending on total government-wide compensation for each full-time equivalent (FTE) position grew by an average of 1.2 percent per year, from $106,097 in 2004 to $116,828 in 2012. Much of this growth was driven by increased personnel benefits costs, which rose at a rate of 1.9 percent per year." (U.S. Government Accountability Office)  

Alert: Don't Miss April 15 Deadline to File a Protective Refund Claim for 2010 FICA Tax on Severance Payments
"Taxpayers may be entitled a FICA tax refund if the [Quality Stores] decision is upheld by the Supreme Court on appeal. In order to preserve the right to a refund, taxpayers must file a protective claim before the applicable statute of limitations runs.... [T]he deadline to file a protective order for severance payments made in 2009 was April 15, 2013. At this time, the deadline to file a protective claim for 2010 severance payments is quickly approaching on April 15, 2014." (Benefits Bryan Cave)  

Director/Investor Survey Reveals Executive Pay Issues Requiring Closer Attention from Boards and Management
"[W]hile perspectives on some aspects of executive compensation depend on whether you sit in the boardroom or in the seats reserved for shareholders, a closer look at the survey findings also points to a number of pay issues on which directors and investors are clearly on the same page. Among the most noteworthy is the general alignment of director and investor views regarding opportunities to further improve the executive pay model in U.S. companies. Key areas for improvement include: [1] More disciplined incentive target setting; and [2] Enhanced disclosure of pay-for-performance alignment." (Towers Watson)  

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