401(k) Administrator
Pollard & Associates, Inc.
in MD

Sales Specialist
Northwestern Benefit Corporation of Georgia
in GA

Long-Term Care Claims Consultant
AUL / OneAmerica Partners
in IN

Project Manager, Product Development
The Newport Group
in FL

401(k) Plan Administrator
Guidant Financial
in WA

Retirement Plan Administration Opportunities
United Retirement Plan Consultants
in ANY STATE

Post Your Job

View All Jobs

RSS Feed: All Jobs

Focused Topics Series - Average Benefit Test: A Closer Look, Topic 1 of 12
March 24, 2014 WEBCAST
(SunGard Relius)

Form 5500 and Other Filing Updates
March 27, 2014 WEBCAST
(McKay Hochman Co., Inc.)

401(k) Investment Lineup Summit - Dallas
April 3, 2014 in TX
(Pensions & Investments)

View All Webcasts and Conferences

[Official Guidance]

Text of HHS Extension of Comment Period for Proposed Regs on HIPAA Administrative Simplification: Certification of Compliance for Health Plans
"The proposed rule is different from previous HIPAA administrative simplification regulations in that the number and type of entities that would be impacted by the requirements is much greater. For example, many self-funded health plans that meet the HIPAA definition of health plan would be subject to the requirements in the proposed rule; however, many self-funded health plans have not been impacted by previous HIPAA administrative simplification requirements because many do not directly conduct HIPAA covered transactions. Representatives of entities that are new to HIPAA administrative simplification requirements have requested more time to analyze the Compliance Certification proposed rule and educate themselves and their peers, as well as solicit feedback from their membership on the business impact of the propose rule, which they believe can be better achieved with more time for public comments.... Therefore, we are extending the comment period until April 3, 2014." (U.S. Department of Health and Human Services)  

[Advert.]

Seeking expertise in benefit administration trends and technologies - $50 for a 10 minute online survey

The Newton Strategy Group, a market research firm, is surveying benefit administration brokers and advisors to better understand professionals' views on the technologies available for healthcare benefits enrollment and eligibility determination. Respondents who complete the survey will receive a $50 Amazon gift card.

[Guidance Overview]

Consequences of ACA Noncompliance for Group Health Plans (PDF)
16 pages. Excerpt: "The consequences of noncompliance can be severe, with the applicable penalty depending on which of the many and complex ACA provisions is violated and the nature and extent of the violation. Employers should keep these penalties in mind -- outlined in the chart at the end of this article -- as they work to ensure ACA compliance for their group health plans." (Buck Consultants)  

[Guidance Overview]

Agencies Release Final and Proposed Regs on ACA 90-Day Waiting Period Limit
"The 90-day waiting period limit does not affect all group health plans. (For example, according to a 2013 survey cited by the preamble, only 30% of covered workers were subject to waiting periods that would violate the limit.) For affected plans that already shortened their waiting periods (in reliance on the 2013 regulations), the new orientation period concept comes too late, at least for the 2014 plan year. Still, as employers and their advisors plan for implementation of employer shared responsibility, they will want to consider the interplay between the 90-day waiting period limit and the shared responsibility rules, paying particular attention to the required coverage start dates under each provision." (Thomson Reuters / EBIA)  

[Guidance Overview]

Upcoming HIPAA Compliance Deadlines (PDF)
"Plan sponsors should check with their third party administrators to determine if they will assist with, or handle on behalf of the plan, obtaining [a health plan identifier number (HPIN)] ... [P]lan sponsors should consider updating their business associate agreements or service contracts as necessary, to require the business associate to perform testing in order for the plan to satisfy the certification requirements... Plan sponsors should identify which business associates conduct the standard transactions that are subject to the certification requirements and reach out to them to ensure they are ready to move forward when the final rules on the certification process and attestation are issued." (Wilkins Finston Law Group)  

[Guidance Overview]

Proposed Rules on HIPAA Certification Requirement Issued
"Although the final rules are expected to contain substantial changes, while waiting for the final rules, health plans should take the following steps: [1] Identify your [controlling health plans (CHPs)] and [subhealth plans (SHPs)]. [2] Determine who's conducting covered transactions on behalf of your health plans and ensure that business associates are using applicable standards and operating rules. [3] Obtain [a health plan identifier (HPID)] by the deadline and communicate HPIDs to business associates that conduct standard transactions.... [4] Determine if your business associates have obtained a Phase III CORE Seal, or if they are in the process of obtaining one.... [5] Consider whether you will use a HIPAA Credential or Phase III Core Seal to document compliance." (Seyfarth Shaw LLP)  

[Advert.]

IHC FORUM & Expo - HealthCare Consumerism: The Solution for HealthCare Reform

The 2014 IHC FORUM & Expo conference is host to industry-wide collaboration and education during one of the most monumental shifts in our industry's history. May 7-9, 2014 - Cobb Galleria Centre in Atlanta, GA
LEARN MORE & REGISTER!

[Guidance Overview]

IRS Issues Final Pay-or-Play Regs
"'Smaller' applicable large employers get an extra year before the employer mandate penalties apply.... For 'larger' applicable large employers, 70 is the new 95 until 2016.... And 80 is the new 30 in 2015.... Coverage for dependents -- you get an extra year if you can show you are trying." (Stinson Leonard Street)  

[Guidance Overview]

IRS Replaces Long-Proposed Regs for Calculating UBTI of VEBAs and SUBs
"[In] a 2003 decision, the U.S. Court of Appeals for the Sixth Circuit had concluded that the set-aside investment income taken into account should only include amounts accumulated and remaining in the set-aside fund at the end of the tax year. The New Regulations ... preclude the Sixth Circuit's interpretation going forward. The New Regulations also explicitly incorporate the statutory provisions that: [1] a Covered Entity's UBTI includes UBTI derived from any unrelated trade or business regularly conducted by the Covered Entity; [2] a Covered Entity is not subject to the 419A Limit for a tax year if substantially all the contributions to the Covered Entity during the tax year are made by employers who had been tax exempt for the preceding five-year period; and [3] a Covered Entity that is part of a 10- (or more) employer plan is subject to the 419A Limit." (McGuire Woods LLP)  

[Guidance Overview]

CMS Bulletin Provides Retroactive Premium Tax Credits and Cost-Sharing Reductions
"Presumably the Bulletin is intended to assist enrollees in states like Massachusetts, Oregon, Maryland, Nevada, and Hawaii, where technical problems have made it difficult or impossible for individuals to enroll in QHPs through the exchange on a timely basis. It could also, however, apply to the federal exchange. Each exchange must apparently decide whether or not to effectuate this policy.... If states have been assisting with cost sharing or with premiums prior to retroactive eligibility being determined, they must arrange for a refund with the QHP insurer. Exchanges may not discriminate between enrollees or insurers in applying retroactive coverage." (Timothy Jost in Health Affairs Blog)  

SPD Was Enforceable in Absence of Formal Self-Insured Health Plan Document
"Although Amara clearly created certain restrictions on the enforceability of SPDs, the holding in this case illustrates that the courts will not interpret Amara to preclude enforceability in all circumstances. The case also provides a helpful description of the key components of an ERISA plan document, which will control regardless of the document's format or label. While the plan prevailed here, plan sponsors are nevertheless reminded that their documentation should be thorough and free from conflicts and ambiguities." [L&W Associates Welfare Benefit Plan v. Wines, No. 12-cv-13424 (E.D. Mich. Jan. 13, 2014)] (Thomson Reuters / EBIA)  

[Advert.]

Interaction of the Affordable Care Act with Other Laws

This March 17 webinar will discuss strategies, potential traps for the unwary, and best practices for integrating rules under the ACA with other laws. Special BenefitsLink discount.

Three New Court Rulings on Retiree Health Care Cuts by California Local Governments
"The majority ruling in a 2-to-1 vote of a 9th Circuit panel said [Sonoma County] retirees have a 'heavy burden' showing county intent to create a lifetime contract, which the dissenting justice said is not supported by dozens of labor agreements submitted to a lower court. Another 9th Circuit federal panel unanimously ruled Feb. 13 that Orange County retirees do not have an implied contract preventing the county from separating their health care from a pool with active workers, sharply increasing premiums paid by retirees. And a state Appellate panel published a unanimous ruling Jan. 23 that upheld a cap on San Diego retiree health care payments, rejecting an attempt to relitigate a federal court ruling that the city's police retiree health care is not a contractual vested right." (Calpensions)  

CBO Cost Estimate for Proposed Legislation to Change ACA Definition of Full-Time to 40 Hours Per Week
"CBO and JCT estimate that enacting H.R. 2575 would increase budget deficits by $25.4 billion over the 2015-2019 period and by $73.7 billion over the 2015-2024 period. The 2015-2024 total is the net of an increase of $83.0 billion in on-budget costs and $9.3 billion in off-budget savings (the latter attributable to increased revenues)." (Congressional Budget Office)  

Presentation by CBO Director on Federal Health Care Spending
"[T]he main factors that are causing federal health care spending to grow much faster than the economy: [1] The U.S. population is aging; [2] Health care costs per person have risen substantially over time, and that trend is likely to continue; [3] The federal government is expanding its subsidies for health insurance through the [ACA]; that expansion will significantly reduce the number of people without health insurance. [The presentation then] summarized CBO's analysis of a wide range of possible approaches in Health-Related Options for Reducing the Deficit: 2014 to 2023." (Congressional Budget Office)  

Administration Grants Subsidies for Insurance Policies Bought Outside Exchanges
"Until now, people who bought insurance outside an exchange were not eligible for subsidies. Under the new policy, insurers may have to give refunds or credits to reimburse consumers for some of the money they spent on insurance premiums and co-payments before getting subsidies." (The New York Times; subscription may be required)  

Another Court Upholds Provision of Premium Tax Credits in Federally Facilitated Exchanges
"A second federal trial court (this time in Virginia) has rejected a challenge to the IRS regulation that makes health care reform's premium tax credits available in federally facilitated Exchanges (FFEs) as well as in state-based Exchanges.... The court dismissed the case, noting that while the challengers' argument seemed 'comprehensible' when viewed in a vacuum, it became 'implausible' when viewing the statute as a whole." [King v. Sebelius, No. 3:i3-CV-630 (E.D. Va. Feb. 18, 2014)] (Thomson Reuters / EBIA)  

Key Watchwords in Long Term Incentive Compensation: Efficiency, Diversification and Performance (PDF)
"The return of a more robust and competitive U.S. business environment -- in the midst of increased scrutiny over executive pay -- creates a powerful opportunity for companies to rethink their philosophies regarding significant portions of their total rewards packages. To maintain LTI compensation as a competitive tool, companies have eliminated or replaced stock options or moved to 100 -percent restricted stock or a mixture of options, restricted stock and cash. In the area of retirement income accumulation, many companies are opting for performance-earned awards to a defined contribution supplemental executive retirement plan (SERP)." (Fulcrum Partners, LLC)  

McKesson Corp. Responds to Shareholder Feedback, Changes Executive Comp Program
"McKesson said the changes to pay structure announced Friday are intended to address feedback from shareholders, who voted 'no' by more than a 3-to-1 margin last year on a nonbinding resolution to approve McKesson's executive-compensation package.... [CEO John] Hammergren said he was voluntarily reducing his pension benefit because it had become 'a source of distraction' for the company. The revised $114 million pension benefit will be a fixed amount in cash, the company said, not subject to big potential moves that can result from factors like changes in interest rates. McKesson also said it had made 'adjustments' to the financial measurements it uses in determining incentive pay." (The Wall Street Journal; subscription may be required)  

[Guidance Overview]

IRS Regs Clarify When Property Is Subject to Substantial Risk of Forfeiture
"Not only must the service provider's property interest be subject to a service condition or condition related to the purpose of the transfer for the property interest to be subject to a substantial risk of forfeiture, but the facts and circumstances at the time of the property transfer must establish the likelihood that the condition leading to forfeiture will occur, and that the service recipient is likely to enforce the forfeiture." (Stinson Leonard Street)  

IRS Issues Final Regs Under Section 83 Regarding Substantial Risk of Forfeiture Analysis
"The Final Regulations make three important clarifications relevant to 'substantial risk of forfeiture' analysis: [1] A substantial risk of forfeiture generally may only be established through a service condition or a condition related to the purpose of the transfer ... [2] In determining whether a substantial risk of forfeiture exists, both [a] the likelihood that a forfeiture condition will occur and [b] the likelihood that the forfeiture condition will be enforced must be taken into consideration. [3] Transfer restrictions on securities (such as lock-up provisions, buyback provisions, blackout periods and limited trading windows insider trading compliance programs) generally do not create a substantial risk of forfeiture[.]" (Proskauer's ERISA Practice Center)  

BPAS Launches On Track Report
BPAS

Hubbell Consulting Expands Investment Group
Hubbell Consulting, LLC

Benefit Advisors Network Hires Kloss As Human Resource Director
Benefit Advisors Network

Mercer Acquires Transition Assist as it Expands its Exchange Solution
Mercer

Edward Chairvolotti is Certified for Fiduciary Excellence
Centre for Fiduciary Excellence (CEFEX)

View All Press Releases