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February 27, 2014          Get Retirement News  |  Advertise
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Employee Benefits Jobs

Business Development - Pension Admin
The Pension Studio
in FL

Account Manager
Cammack Retirement Group
in NY

Senior Consultant/Operations Manager
United Retirement Plan Consultants
in TX

Director of Member Relations - Key Accounts
National Association of Plan Advisors (NAPA)
in DC, VA

Sr. Associate - Compensation Consultation
Verisight, Inc.
in IL, MN, WI

Office Manager
The Angell Pension Group, Inc.
in ANY STATE

Client Relationship Manager
Goldleaf Partners
in MO

Senior Benefits Specialist
Comcast Cable
in NY

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Webcasts and Conferences

Wellness Programs After Health Care Reform: Compliance Checkup for Employers and Advisors
February 26, 2014 WEBCAST
(Thomson Reuters / EBIA)

Federally-facilitated Small Business Health Options Program (FF-SHOP) Series II
March 4, 2014 WEBCAST
(Centers for Medicare & Medicaid Services (CMS))

Earned Income: Computing Compensation for the Self-employed
March 20, 2014 WEBCAST
(SunGard Relius)

Focused Topics Web Series, 12 new one-hour sessions, March - June
March 24, 2014 WEBCAST
(SunGard Relius)

Pharmacy Coverage on Public Exchanges: How Plans Can Ensure Access While Controlling Costs
March 27, 2014 WEBCAST
(Atlantic Information Services, Inc)

How to Prepare for OCR Enforcement Actions
May 1, 2014 WEBCAST
(Clearwater Compliance)

HIPAA Privacy & Security
May 23, 2014 in MN
(Thomson Reuters / EBIA)

View All Webcasts and Conferences


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

Paragraph in ACA Final Rules Raises Questions for Staffing Firms
"A parenthetical remark refers to 'the typical case in which the professional employer organization or staffing firm is not the common law employer of the individual.' One wonders whether IRS is saying [1] that it is typical overall for staffing customers and not staffing firms to be the common law employers and therefore usually OK for customers to take credit for offered coverage, or [2] that, in typical manifestations of the few cases where staffing customers are the common law employers, customers may take credit for the offered coverage. An aggressive application of the test could be extremely disruptive to the staffing industry." (Staffing Industry Analysts)  


[Advert.]

A Comprehensive, Plain-English ACA Guide for Employers

Sponsored by International Foundation of Employee Benefit Plans (IFEBP)

The New Health Care Reform Law: What Employers Need to Know - A Q&A Guide, Fourth Edition provide detailed information in a question and answer format, on the issues employers must consider when complying with the Affordable Care Act. Order Now!



[Guidance Overview]

San Francisco 's Minimum Health Care Expenditure Law Remains in Place After ACA (PDF)
"[San Francisco's] Office of Labor Standards Enforcement recently provided guidance ... [which] confirmed that the Health Care Security Ordinance (HCSO] employer spending requirement will 'not expire or go away when the federal health reform takes effect in 2014.' In addition to providing general information about the ACA, the guidance describes the ACA implications for existing stand-alone HRAs and explains that excepted benefit coverage and excepted benefit HRAs may be used to satisfy the HCSO requirement." (Buck Consultants)  

[Guidance Overview]

Guidance on ACA 90-Day Waiting Periods Issued
"The agencies also proposed rules that would provide that one month is the maximum allowed length of any reasonable and bona fide employment-based orientation period.... Under the proposed rules, one month would be determined by adding one calendar month and subtracting one calendar day, measured from the employee's start date in a position that is otherwise eligible for coverage.... If there isn't a corresponding date in the next calendar month after adding a calendar month, the last permitted date in the orientation period would be the last day of the next calendar month." (Bloomberg BNA)  

Diving Deep on Commonly Encountered Health Plan Eligibility and Enrollment Issues (PDF)
75 presentation slides. Section titles include: COBRA coverage options; Health coverage for young adults and students; and Reporting changes in circumstances. (Center on Budget and Policy Priorities)  

Compliance Issues for On-Site Health Clinics
"Providing on-site health services to employees can provide significant cost savings and increase employee productivity, but there are a number of compliance challenges and risks you should consider, particularly when the services go beyond first-aid.... Workplace safety and health requirements... Application of employee benefits rules... Possible labor relations issues... Drug and alcohol testing considerations." (McKenna Long & Aldridge LLP)  


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Consumer Engagement through Health Plan Innovation - March 11-12 - Orlando, FL

Sponsored by World Congress

Insights and experiences from leaders at Medicare Advantage plans, commercial under-65 plans, providers of voluntary and specialty benefits, and plan sponsors/employers. Practical solutions and actionable tools. BLINK3 for discount.



Ninth Circuit Upholds Verdict Against Employee Who Declined Use of FMLA Leave
"[T]he appeals court found that the FMLA's implementing regulations, which require employers to inquire as to whether an employee is seeking FMLA leave, 'strongly' suggest that 'there are circumstances in which an employee might seek time off but intend not to exercise his or her rights under the FMLA.' ... '[An] employee can affirmatively decline to use FMLA leave, even if the underlying reason for seeking the leave would have invoked FMLA protection,' the Ninth Circuit said. It also rejected [the employee's] contention that allowing an employee to expressly decline FMLA leave would constitute an impermissible waiver, pointing out the difference between a permanent relinquishment of a statutory right and a decision to preserve the right for later use." [Escriba v. Foster Poultry Farms, Inc., No. 11-17608 (9th Cir. Feb. 25, 2014)] (Bloomberg BNA)  

Sixth Circuit to Rehear Disability Benefits Claim That Resulted in Both Benefits Award and Disgorgement of $3.8 Million
"The Sixth Circuit's [earlier] decision was 2-1. The two votes in the majority were from a district court judge sitting on the panel by designation, and a Sixth Circuit judge on senior status. The judge who dissented is a 'regular, active' member of the Sixth Circuit.... In response to a motion to rehear the case en banc by the entire Sixth Circuit -- which is only considered by active judges, not senior status judges or district court judges who sometimes sit by designation -- a majority of the Sixth Circuit's active judges voted to vacate the opinion and will re-hear the case en banc. That's not a guaranty that the decision will be reversed, but can be an indication of which way the wind is blowing before the case is re-briefed and re-argued." [Rochow v. LINA, No. 12-2074 (6th Cir. Dec. 6, 2013); rehearing granted Feb. 19, 2014] (James E. Arnold & Associates, LPA)  

New Online Resource: eHealth Price Index
"The eHealth Health Insurance Price Index is the first and only tool of its kind, tracking on a daily basis the average monthly cost of individual and family health insurance for plans based on applications submitted nationwide through eHealth. All data is for 2014 Affordable Care Act plans without a subsidy applied.... eHealth is one of the few organizations with national source health insurance data that broadly reflects consumer buying patterns and purchase prices in the self-purchased individual and family health insurance market." (eHealth)  

Despite Recession, Children's Health Care Spending Increased Every Year Between 2009 and 2012
"Spending on health care for children covered by employer-sponsored insurance ... increased between 2009 and 2012, rising an average 5.5 percent a year, with more dollars spent on boys than girls, and higher spending on infants and toddlers (ages 0-3) than any other children's age group ... Per capita spending on children reached $2,437 in 2012, a $363 increase from 2009. The study shows a growth in prescription use by children through age 18, as well as a rise in the number of teens being admitted for mental health and substance use ... treatment." (Health Care Cost Institute)  

Health Care Exchanges as a Cost Management Tool: A Guide for CFOs
"Health care exchanges offer U.S. organizations the promise of a lasting solution to rising health benefit costs and risks, without negating employers' commitment to provide coverage for employees. But questions abound: What drives the savings? What level of savings can an organization anticipate? And what's the impact on your HR or benefit organization?" (Towers Watson)  

Massachusetts Requires Hospitals and Doctors to Disclose Fees So Patients Can Shop for Health Care
"'The experience was pretty frustrating from beginning to end,' [said Caroline Collins, a 32-year-old pregnant real estate agent comparing prices for non-surgical childbirth at a hospital]. 'It was definitely surprising how many machines I spoke to within the last few days.' This is the world in which Collins is supposed to become a savvy health care consumer, making informed decisions about where to get the best care at the best price." (Kaiser Health News)  

New York City Council Swiftly Passes Bill to Extend Paid Sick Leave for All But Smallest Employers
"The new law will require businesses with five or more employees to provide up to five paid days off a year if the employees or their relatives become ill. The original law applied only to businesses with 15 or more employees. The new law will take effect in April, when the original law was set to take effect." (The New York Times; subscription may be required)  

District of Columbia Orders Insurers to Cover Sex-Change Surgery
"A bulletin issued Thursday by the city's Department of Insurance, Securities and Banking says that gender dysphoria is a recognized medical condition. It says the various forms of treatment for that condition, including sex-change procedures, are covered benefits." (The Washington Post; subscription may be required)  

House Subcommittee Reviews Benefits of Self-Insured Plans
"[Robert Melillo, an executive at USI Insurance Services, said,] 'I believe a plan sponsor's choice to self-insure with the use of quality and customizable stop-loss insurance programs is essential if they have any chance of managing their future health care spending.' .... Michael Ferguson, president and CEO of the Self-Insurance Institute of America, warned, 'The administration may make this option more difficult by restricting the availability of stop-loss insurance. Specifically, it is believed that the federal agencies may "interpret" the definition of health insurance coverage to include stop-loss insurance.'" (Committee on Education and the Workforce, U.S. House of Representatives)  

Benefits in General; Executive Compensation

The Perceived Value of Benefits Among Today's Working Americans
72 pages. Excerpt: "[T]he majority of workers do not place a high value on benefits. So a key conclusion is that there is a tremendous opportunity to increase workers' satisfaction with their benefits and help them feel more confident about benefits decisions. It is also evident that American workers have not fully recovered from the financial crisis of 2008. With a focus on making ends meet, their financial security gap has widened as they struggle to give longer-term financial needs the attention they deserve. So the imperative to help employees take advantage of benefits that increase financial protection is perhaps greater than ever before." (Guardian Life Insurance Company of America)  

Tax Reform Draft Released by Ways and Means May Serve as Model for Future Employee Benefit Tax Law Changes (PDF)
"The plan proposes significant changes to the tax rules for employee benefits, which raise revenue to pay for reductions to tax rates and other tax cuts. The plan is highly unlikely to become law this year. However, it's possible that the provisions that raise revenue will be used in the future to offset federal spending and deficits even in the absence of full tax reform." [Article includes a detailed discussion of employee benefits provisions.] (Buck Consultants)  

Republican Tax Overhaul Would Come at Cost of Hundreds of Credits, Deductions
"There would be no more personal exemptions for you, your spouse and your dependents; no more credits for child care; no more deductions for medical bills or for state and local taxes.... And the plan would cut in half the amount of money most people can put away tax-free for retirement, forcing additional savings into Roth IRAs, where contributions are subject to immediate taxation.... Camp's prospects for passing any part of his plan before he gives up his chairmanship early next year were dismissed as exceedingly dim." (The Washington Post; subscription may be required)  

Section-by-Section Summary of Republican-Proposed Tax Reform Act of 2014 (PDF)
Internal Revenue Code changes related to retirement plans include elimination of the ability to establish new SEPs or new SIMPLE 401(k)s; elimination of deductible contributions to IRAs; modification of the required distribution rules; elimination of ability to undo a Roth IRA recharacterization; reduction in minimum age for allowable in-service distributions; modification of rules governing hardship distributions; and inflation adjustments for qualified plan benefit and contribution limitations. Changes related to welfare benefits include repeal of education assistance plans, termination of deductions and income exclusions for contributions to Archer Medical Savings Accounts, and a new limitation on the exclusion of employer-provided housing from an employee's income. (Committee on Ways and Means, U.S. House of Representatives)  

Press Releases

Brian Graff, ASPPA’s Executive Director/CEO Comments on Rep. Camp's Tax Reform Proposal
American Society of Pension Professionals & Actuaries (ASPPA)

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