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May 13, 2014          Get Retirement News  |  Advertise
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Employee Benefits Jobs

Senior Client Relationship Manager
Professional Capital Services
in PA

Associate Vice President and Actuary
USI Consulting Group
in CT, NY

Data Control Specialist
National Retirement Services, Inc.
in NC

Lead Manager, Retirement Plan Service (RPS) Institutional
T. Rowe Price
in MD

Account Manager, Defined Contribution Consulting
USI Consulting Group
in CA, CO, DC, NY, OH, TX

Investment Consultant
USI Consulting Group
in CT, TX

Retirement Plan Administrator
Retirement Plan Solutions, Inc.
in NC

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Webcasts and Conferences

Fiduciary Developments, Plan Fees and Vendor Searches
May 21, 2014 in GA
(Mazursky Constantine LLC)

Related Employers Phone Forum
May 22, 2014 WEBCAST
(IRS [Internal Revenue Service])

Back by Popular Demand: Special Enrollment Periods and Exemptions -- Recorded
May 23, 2014 WEBCAST
(Center on Budget and Policy Priorities)

2014 Webinar: Advanced HSAs
June 3, 2014 WEBCAST
(Ascensus)

Trends in Defined Contribution Plans
June 3, 2014 WEBCAST
(Institutional Investor)

2014 IRA Institute
June 9, 2014 in MN
(Ascensus)

Tax Forms Workshop: 5500 and More - Irvine
June 10, 2014 in CA
(SunGard Relius)

Tax Forms Workshop: 5500 and More - San Francisco
June 13, 2014 in CA
(SunGard Relius)

Tax Forms Workshop: 5500 and More - Denver
June 13, 2014 in VA
(SunGard Relius)

The ERISA Assembly
September 23, 2014 in DC
(Momentum Events Group)

View All Webcasts and Conferences


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

Supreme Court to Hear Case on Vesting of Retiree Health Benefits Under Collective Bargaining Agreement
"[T]he employer/petitioner asserts that the earlier decision by the Sixth Circuit Court of Appeals conflicts with every other circuit in the country, in holding that an absence of language in a Collective Bargaining Agreement (CBA) about how long retirees will be entitled to their health care benefits creates an 'inference' that they are vested for life.... The employer claims that on the opposite end of the spectrum is the Third Circuit Court of Appeals which holds that retiree health care benefits will only be considered vested indefinitely when the CBA includes a clear statement of such intention. In the middle of the spectrum are multiple circuit courts, including the Second and Seventh, that hold that at least some language in a CBA must support the interpretation that health benefits will be vested indefinitely." [M&G Polymers USA, LLC v. Tackett, No. 13-1010 (on appeal from 6th Cir., cert. granted May 5, 2014)] (The Lowenbaum Partnership, LLC)  


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A Snake in the Grass No More? DOL Proposes New COBRA Forms
"[A]lthough the DOL encourages employers to use the model forms, they are 'one size fits all' and will need to be customized to track existing (or desired) administrative policies.... [It] will be important to coordinate with [an employer's] third-party administrator to ensure that the notices and forms being distributed are consistent with the updated model forms and, as relevant, the plan terms.... [T]he new COBRA notices offer an opportunity for employers to provide further encouragement and education to plan participants about non-COBRA coverage options." (Ogletree Deakins)  

Much Ado About the New COBRA Notice Proposed Regulations and Forms
"Historically the model notices ... have not always addressed the end of the election periods, and where there is a gap in providing a limitation on the duration of a period, courts have found the periods to continue beyond what the employer had expected. The new model notices mention the availability of the marketplace and the potential tax credits ... but [they do not] talk about the recent guidance from CMS on the interaction of the marketplace coverage availability with COBRA coverage ... [E]mployers may want to consider whether they want to address this in their notice or refer their COBRA eligible employees or dependents to this guidance as they assess their decision on electing COBRA." (Winstead PC)  

Defining What 'Defined Contributions' Mean for Work-Based Health Insurance
"While giving employees more plan choice could be a plus for some workers, some experts are wary of a shift toward defined contributions in health benefits, which they say may encourage employees to buy less expensive, less comprehensive coverage than they would otherwise have through their employer. They scoff at the notion put forward by some private exchange proponents that wider choice allows employees to 'rightsize' their coverage." (Kaiser Health News)  

Alphabet Soup News: 'Un-Excepted' FSA Benefits
"'Excepted' FSA plans continue to enjoy tax-advantaged status and the various benefits that accrue to both the employer and employee in these arrangements. But plans that 'fail the test' will be required to pay the Patient-Centered Outcomes Research Institute (PCORI) fee.... [T]here are two major criteria for maintaining 'Excepted' status: First, there's a limit on the maximum benefit payable under an FSA plan... Second -- and this one's a doozy -- there's the 'Availability Condition.'" (InsureBlog)  

Marketplace Tax Credit Notices are Coming!
"[E]mployers should be aware that the IRS will soon be sending notices about employees who have received tax credits (subsidies) for obtaining coverage through the Marketplace.... In 2014, employers will not be penalized for failing to provide affordable and essential coverage to employee -- a penalty that is triggered when an employee obtains a tax credit. In 2015, however, employers will need to evaluate and respond to Marketplace Tax Credit Notices that are incorrect." (Marsh Consulting Group)  

More People Have Health Insurance, But the Choices Are Narrowing
"Outside the exchanges, insurers are also promoting smaller networks for employers as a way to reduce overall health care costs, said Larry Boress, chief executive of the Midwest Business Group on Health.... Employers remain concerned about the quality of the networks, said Mr. Boress, and many are doing an analysis to see how disruptive changing the network would be for their workers. Nonetheless, the bottom line is that more employers are considering smaller networks." (The New York Times; subscription may be required)  

The Federal Medical Loss Ratio Rule: Implications for Consumers in Year 2
"[T]otal rebates for 2012 were $513 million, half the amount paid out in 2011, indicating greater compliance with the MLR rule. Spending on quality improvement remained low, at less than 1 percent of premiums. Insurers continued to reduce their administrative and sales costs, such as brokers' fees, without increasing profit margins, for a total reduction in overhead of $1.4 billion. In the first two years under this regulation, total consumer benefits related to the medical loss ratio -- both rebates and reduced overhead -- amounted to more than $3 billion." (The Commonwealth Fund)  

Repeal of Employer Mandate Could Shake Up Group Insurance
"Urban Institute policy analyst[s] ... recently estimated that repealing it would have a marginal impact on the rate of overall insurance -- perhaps just 200,000 fewer insured ... [E]nding the employer mandate ... could lead to further erosion of the group insurance market, while increasing the individual markets of public exchanges. It may also pave the way for employers, especially self-funded plans, to ask and pay certain high-risk employees to opt-out of their group plan and instead turn to exchanges." (Healthcare Payer News)  


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[Opinion]

Here to Stay -- Beyond the Rough Launch of the ACA
"[R]eform had to be built on the most complex, kludgy, and costly system on planet Earth. Multiple layers of health coverage -- as a fringe benefit of private employment, as compensation for military service, as public charity for the poor, as public coverage for the elderly and disabled, and as a private commodity purchased by individuals in a remarkably dysfunctional market -- overlap and intersect to pay for care through a bewildering variety of agents in a system that even experts seldom fully comprehend. A reform built on that system could not escape its complexity." (The Brookings Institution)  

Benefits in General; Executive Compensation

Sixth Circuit: ERISA Section 510 Requires Employee Action Within Formal Proceeding
"A single unsolicited complaint to an employer about alleged violations of [ERISA] doesn't give rise to retaliation claims under Section 510 after the complainant is terminated from employment, the U.S. Court of Appeals for the Sixth Circuit ruled.... [T]he court addressed arguments by the employee and the Secretary of Labor ... that Section 510 should apply to all complaints regarding violations of the statute. The court found this argument ignored the wording of the provision that required that the employee testify or give information 'in any inquiry or proceeding relating to' ERISA." [Sexton v. Panel Processing, No. 13-1604 (6th Cir. May 9, 2014)] (Bloomberg BNA)  

How Changes in Marital Status Requirements Affect Various Benefit Plans (PDF)
"Now that the dust [from the Supreme Court's Windsor decision] has settled ... this might be a good time to review some of the benefit impacts of the DOMA decision as well as actions that may be necessary for any change in marital status -- marriage, divorce, or death -- regardless of same or opposite sex spouse. [Topics include:] Plan Document -- Spouse Definition ... COBRA Continuation Notices ... Retirement Plans ... Change in Marital Status To-Do's ... Communication with Employees." (Kushner & Company)  

Press Releases

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