Part Time On Call Retirement Planning Consultant
Transamerica Retirement Solutions
in AR, CA, HI, IL, MI, MO, NJ, NY, TN, TX, UT

WFIS Health & Welfare Consultant 2
Wells Fargo
in TX

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Federally-facilitated Small Business Health Options Program (FF-SHOP) Series III - Update and Issuer Q&A
July 29, 2014 WEBCAST
(Centers for Medicare & Medicaid Services [CMS])

West Coast Defined Contribution Conference
October 26, 2014 in CA
(Pensions & Investments)

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[Official Guidance]

Text of DOL Notice of Proposed Rulemaking: Family and Medical Leave Act; Definition of Spouse (PDF)
"The Department proposes to change the regulatory definition of spouse ... to look to the law of the jurisdiction in which the marriage was entered in to (including for common law marriages), as opposed to the law of the State in which the employee resides, and to expressly reference the inclusion of same-sex marriages in addition to common law marriages. The Department also proposes to include in the definition same-sex marriages entered into abroad. The Department proposes to define spouse as follows: Spouse, as defined in the statute, means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under State law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either [1] was entered into in a State that recognizes such marriages or, [2] if entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State." (U.S. Department of Labor [DOL])  

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[Official Guidance]

Text of OPM Proposed Regs: Family and Medical Leave Act; Definition of Spouse for Federal Employees
"The U.S. Office of Personnel Management (OPM) is proposing to revise the definition of spouse in its regulations on the Family and Medical Leave Act (FMLA) as a result of the decision by the United States Supreme Court holding Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. The new definition will replace the existing definition, which contains language from DOMA that refers to 'a legal union between one man and one woman.' The new definition permits Federal employees with same-sex spouses to use FMLA leave in the same manner as Federal employees with opposite-sex spouses." (U.S. Office of Personnel Management [OPM])  

[Guidance Overview]

Obama Administration Announces Proposed Rule Extending FMLA Leave Rights for Same-Sex Couples
"After the final rule is adopted, employers should review and amend their FMLA policy and procedures, as well as all FMLA-related forms and notices. As the rule comes into effect, let's not forget about the application of state law. In some states, employees who are in a same-sex marriages or in a domestic partner relationship already may enjoy certain leave protections under the law." (FMLA Insights)  

[Guidance Overview]

DOL Fact Sheet: Proposed Rulemaking to Amend the Definition of Spouse in the Family and Medical Leave Act Regs
"The proposed definitional change would mean that eligible employees, regardless of where they live, would be able to: [1] Take FMLA leave to care for their same-sex spouse with a serious health condition; [2] Take qualifying exigency leave due to their same-sex spouse's covered military service; or [3] Take military caregiver leave for their same-sex spouse. The proposed change would entitle eligible employees to take FMLA leave to care for their stepchild (child of employee's same-sex spouse) even if the in loco parentis requirement of providing day-to-day care or financial support for the child is not met." (Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL])  

[Guidance Overview]

Text of DOL FAQs on Notice of Proposed Rulemaking to Revise the Definition of Spouse Under the FMLA
18 Q&As, including: "What regulatory change is the Department proposing? What is Section 3 of the Defense of Marriage Act (DOMA), and how did it affect the FMLA prior to the Supreme Court's June 2013 Windsor decision? How does the June 2013 Windsor decision apply to the FMLA today, regardless of the proposed rule? Why is the Department proposing to change the FMLA's regulatory definition of spouse when FMLA leave can now be taken to care for an eligible employee's same-sex spouse? How does the proposed regulation differ from the Department's August 2013 guidance issued in response to the Windsor decision? How would an employee's entitlement under the FMLA be changed by this proposed rule?" (U.S. Department of Labor [DOL])  

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An Employer's Obligation to Provide Accommodations to a Pregnant Employee: Don't Follow This Employer's Lead
"[T]he court effectively counseled that [the plaintiff's] employer could (and should) have allowed her to use sick leave, personal leave, or vacation leave to cover her reduced work schedule until she became eligible for FMLA leave ... As a result, the court determined that the employer's decision to terminate [her] employment instead of allowing her to use her paid leave (to bridge the eligibility gap) interfered with her FMLA rights." [Wages v. Stuart Management Corp., 12-2905 (D. Minn. May 8, 2014)] (FMLA Insights)  

Starbucks Degree Program Not as Simple as It Seems
"Arizona State University president Michael Crow told The Chronicle of Higher Education that Starbucks is not contributing any money toward the scholarship. Instead, Arizona State will essentially charge workers less than the sticker price for online tuition. Much of the remainder would likely be covered by federal aid since most Starbucks workers don't earn a lot of money. Workers would pay whatever costs remained out of pocket for the first two years, and Starbucks would bear no costs." (KOMOnews.com)  

Regardless of Pending Performance Improvement Plan, Employee Received All Required FMLA Leave
"The employee failed to allege that his employer withheld any entitlement guaranteed by the FMLA, thus he failed to state a claim for interference. With respect to his retaliation claim, the fact that the employee was placed on a performance improvement plan based on documented performance problems well before the employer knew he was sick defeated any retaliatory inference based on timing." [Ross v Gilhuly, No. 13-2437 (3d Cir. June 17, 2014)] (Wolters Kluwer Law & Business)  

Flextime Is Declining, But 'Flex Around the Edges' Is Up
"[S]ome forms of flexibility -- mostly allowing workers more control over when they start and end their workdays and more opportunities to telecommute -- are on the rise. Since [a 2008 study], employers have continued to increase such options as control over breaks (from 84% to 92%), control over overtime hours (from 27% to 45%), and time off during the workday when important needs arise (from 73% to 82%).... [But] more substantial flexible work arrangements are being reduced. According to [a 2014] study, employers have slashed options that involve employees spending significant amounts of time away from full-time work, including sharing jobs (down from 29% to 18%), sabbaticals (from 38% to 28%), and career breaks for personal or family responsibilities (from 64% to 52%)." (Harvard Business Review Blog Network)  

What's Under the Hood of an OPEB Valuation (PDF)
"Municipalities can often end up engaging an actuarial firm based primarily on its fees to do the work.... There are differences with every municipality that require a more thorough approach to managing the financial risks involved.... Here are some common pitfalls that can lead to significant fiscal dangers ... OPEB RFPs from municipalities are rarely structured in a way that lets the cream rise to the top. The scope of the project is often vague. As a result, the wide spectrum of responses that you get makes it hard to compare offers. Here are some keys to putting together your RFP[.]" (Buck Consultants)  

The Obamacare Impact: How the Health Law Affects the Affordability of Your Health Care
"This map illustrates the effect of the [ACA] on individuals who do not get health insurance through their employers, or through government programs like Medicaid or Medicare." (Manhattan Institute for Policy Research)  

The ACA and America's Cities: Fewer Uninsured and More Federal Dollars
"For each city [the authors] estimated changes in health coverage under the ACA, particularly the resulting decline in the uninsured. [They] also estimated the additional federal spending on health care that would flow into these cities. For cities in states that have not expanded Medicaid eligibility, [they] provide estimates both with and without expansion." (Urban Institute)  

U.S. House Committee Hearing: 'Poised to Profit: How Obamacare Helps Insurance Companies Even If It Fails Patients'
Hearing held June 18, 2014. Linked page includes video of hearing, and links to written testimony by [1] Mandy Cohen, M.D.,CCIIO; [2] Seth J. Chandler, University of Houston Law Center; [3] John R. Graham, National Center for Policy Analysis; [4] Edmund F. Haislmaier, The Heritage Foundation; and [5] Cori E. Uccello, American Academy of Actuaries. (Committee on Oversight and Government Reform, U.S. House of Representatives)  

Survey of Non-Group Health Insurance Enrollees
"[R]oughly two-thirds of those with non-group coverage are now in ACA-compliant plans, while three in ten have coverage they purchased before the ACA rules went into effect ... About half of all non-group enrollees now have coverage purchased from a Health Insurance Exchange, and nearly six in ten (57 percent) of those with Exchange coverage were uninsured prior to purchasing their current plan. Most of this previously uninsured group reports having gone without coverage for two years or more[.]" (Henry J. Kaiser Family Foundation)  

[Official Guidance]

Text of FASB Update No. 2014-12: Accounting for Share-Based Payments When the Terms of an Award Provide That a Performance Target Could Be Achieved After the Requisite Service Period
21 pages. Excerpt: "Many reporting entities account for performance targets that could be achieved after the requisite service period as performance conditions that affect the vesting of the award and, therefore, do not reflect the performance target in the estimate of the grant-date fair value of the award. Other reporting entities treat those performance targets as nonvesting conditions that affect the grant-date fair value of the award. This Update is intended to resolve the diverse accounting treatment of those awards in practice." (Financial Accounting Standards Board [FASB])  

IRS to Tell Practitioners to Remove 'IRS Made Me Do It' Circular 230 Disclaimers (PDF)
"The IRS Office of Professional Responsibility will send letters asking practitioners to stop using Circular 230 disclaimers saying the disclaimer is required, OPR Director Karen Hawkins said ... '[If] a disclaimer says "The Internal Revenue Service says" or "I am required under Circular 230," I can promise you that you will get a letter from my office asking you to cease and desist using that kind of language because I don't want taxpayers to be misinformed,' Hawkins said. 'We do not require that language after last week.'" (Internal Revenue Service [IRS])  

ERISA Has a Whistleblower Provision? Yep.
"In analyzing the language of Section 510, the Sixth Circuit reasoned that generally there are two types of anti-retaliation provisions: [1] opposition clauses, protecting employees who oppose, report, or complain about unlawful practices; and [2] participation clauses, shielding employees from retaliation for participating, testifying, or giving information in inquiries, investigations, proceedings, or hearings.... The court found it meaningful that ERISA Section 510 contains only a participation clause ... [and] concluded that Congress had enacted this second clause with the intent of preventing interference with inquiries and proceedings, as opposed to protecting all persons who disclosed violations of the Act." [Sexton v. Panel Processing, Inc., No. 13-1604 (6th Cir. May 9, 2014)] (Seyfarth Shaw LLP)  

[Opinion]

Senator Harkin Introduces Legislation to Protect Whistleblowers
"Senator Harkin's bill would ... make any oral or written complaint made by an employee to their benefit plan's administrators, their employer, or any external authority an action sufficient to guarantee whistleblower protection for that employee. Section 404 of S.1979, the USA Retirement Funds Act of 2014, clarifies that individuals who report violations of the federal private pension law to company or plan officials would be protected against retaliation." (Pension Rights Center)  

Jackson Lewis adds ERISA Litigator Shareholder in White Plains
Jackson Lewis LLP

OneAmerica Retirement Services Expands Sales Regions, Appoints New Leadership
OneAmerica Financial Partners

Work-Life Leaders Commend President for Hosting White House Summit on Working Families
WorldatWork

PBGC Launches New and Improved Version of MyPBA
PBGC [Pension Benefit Guaranty Corporation]

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