Defined Benefit Coordinator
The Retirement Plan Company, LLC
in ANY STATE, OH, SC, TN

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Verisight, Inc.
in CA

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DATAIR Employee Benefit Systems, Inc.
in ANY STATE, IL

Plan Review Specialist
Fifth Third Bank
in OH

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Transamerica Retirement Solutions
in MA

Retirement Plan Manager
SS&G, Inc
in OH

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Fundamentals of 401(k) and Other Qualified Plans 2014
July 30, 2014 in TX
(SunGard Relius)

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Contraceptive Mandate Enforcement Blocked by 11th Circuit and Again by Supreme Court
"Over the dissents of two Justices, the Supreme Court ... temporarily barred enforcement of the birth-control mandate against Wheaton College, a non-profit religious institution in Illinois. The college faced a midnight deadline to comply with the mandate or face heavy financial penalties.... Acting swiftly in the wake of the Court's ruling ... and relying directly upon that decision, the U.S. Court of Appeals for the Eleventh Circuit ... blocked all enforcement of the mandate against an Alabama Catholic TV network, a non-profit entity. The [27-page] concurring opinion of the court of appeals... argued that the accommodation ... is itself likely to be struck down." (SCOTUSblog)  

[Advert.]

2014 Employee Well-Being Bootcamp for HR, Benefits and Wellness Professionals

The conversation on employee wellness begins with the fundamentals. Take a fresh look at the evolution of wellness, innovative initiatives, and building programs founded on reconciling business goals with employee health accountability. July 23-24, Boston.

Supreme Court Confirms Hobby Lobby Ruling Extends to Other Forms of Contraception
"The Supreme Court on Tuesday confirmed that its decision a day earlier extending religious rights to closely held corporations applies broadly to the contraceptive coverage requirement in the new health care law, not just the handful of methods the justices considered in their ruling. The justices did not comment in leaving in place lower court rulings in favor of businesses that object to covering all 20 methods of government-approved contraception." (Associated Press)  

The Supreme Court Rules on Contraception Coverage
"The Court's decision has very important ramifications for religious liberty in the United States, for women's access to health care, for employers' and employees' rights, even for corporate law.... But unlike the Court's decision in National Federation of Independent Business v. Sebelius on the last day of its term two years ago, Hobby Lobby does not pose a serious threat -- indeed any threat at all -- to the [ACA]." [Burwell v. Hobby Lobby et al., No. 13-354 (U.S. June 30, 2014)] (Timothy Jost in Health Affairs)  

Supreme Court Rules in Favor of Religious Beliefs of Business Owner
"[T]he Court's opinion ... seemed to limit itself to the contraceptive mandate only, likely quelling the concerns of many who argued a broader decision may put in jeopardy other items typically covered under group plans, such as vaccinations and blood transfusions.... [T]he Court warned that its decision should not be interpreted to provide a shield to employers to cloak illegal discrimination under the guise of claimed religious beliefs ... [E]ven as to the ACA's contraception requirements, this decision likely will not seem to extend to larger corporations with diverse ownership interests." [Burwell v. Hobby Lobby et al., No. 13-354 (U.S. June 30, 2014)] (Fisher & Phillips LLP)  

High Court Creates an Opt-Out of Contraception Mandate
"The justices writing for the majority stressed that the religious exemption should be granted solely for contraception, not healthcare services like vaccination and infusion therapy, and that the range of companies that are eligible should be narrow, following the [IRS] definition of closely held as one at least half-owned by five or fewer individuals." [Burwell v. Hobby Lobby et al., No. 13-354 (U.S. June 30, 2014)] (Healthcare Payer News)  

How Many People Will Be Affected by the Supreme Court's Hobby Lobby Decision?
"[S]omewhere north of 90% of U.S. companies are closely held, which means those owners are newly empowered to make decisions on their employees' contraception coverage.... [M]ost of these businesses are awfully small, and ... they would've escaped the ACA's mandate, anyway.... More realistically, about half of working-age Americans could presumably be affected by the Court's ruling; Census Bureau data suggests that at least 42% of employed Americans worked at family owned businesses in 2007." (The Advisory Board Company)  

The Hobby Lobby Decision Could Affect a Majority of U.S. Employees
"[W]hile the ruling may seem limited in that it only speaks to closely held firms, it in fact applies to more than 90% of U.S. companies, and even to a narrow majority of workers.... [S]ome businesses ... plan to stop providing contraceptives as a result of the ruling. Such a trend could help reverse the steady increase in contraceptive coverage, which has risen from 68% to 84% since the passage of the ACA." (Harvard Business Review Blog Network)  

Hobby Lobby: The Supreme Court's View and Its Impact
"The Hobby Lobby ruling has a direct impact on a relatively small number of employers -- as a percentage of total employers across the country there are very few that can be considered faith-based employers. However, the ruling is significant in that it signals an ongoing willingness by the Court to exercise its checks-and-balances power. The Court indicated it may not provide the Administration much leeway in its implementation of the ACA, when implementation impacts and is limited by other federal rights." [Burwell v. Hobby Lobby et al., No. 13-354 (U.S. June 30, 2014)] (Proskauer's ERISA Practice Center)  

What Hobby Lobby Means for the ACA: Absolutely Nothing
"[T]he decision of the Court is a narrow one: the manner in which HHS implemented the contraceptive services mandate is problematic only when applied to closely held businesses. We expect that HHS will re-write the rule, perhaps along the lines suggested by the Court." [Burwell v. Hobby Lobby et al., No. 13-354 (U.S. June 30, 2014)] (Mintz Levin)  

Text of HHS OIG Letter to Congress covering Audit Reports for Health Insurance Marketplaces (PDF)
"[We] could not directly test the marketplaces' procedures for determining applicants' eligibility for insurance affordability programs and the amounts of advance premium tax credits and cost-sharing reductions. IRS has since advised that HHS OIG does have access to FTI maintained by the Federal marketplace for purposes of this review. Accordingly, we are planning additional audit work. We remain in consultation with IRS concerning access to FTI at the State marketplaces and will schedule additional work accordingly." (Office of Inspector General [OIG], U.S. Department of Health and Human Services [HHS])  

Text of HHS OIG Audit Report: Marketplaces Faced Early Challenges Resolving Inconsistencies With Applicant Data
"[T]he Federal marketplace was unable to resolve 2.6 million of 2.9 million inconsistencies because the CMS eligibility system was not fully operational. The abilities of State marketplaces to resolve inconsistencies varied.... [T]he Federal marketplace could not determine the number of applicants who had at least one inconsistency.... [M]arketplaces faced challenges resolving inconsistencies despite having policies and procedures in place." (Office of Inspector General [OIG], U.S. Department of Health and Human Services [HHS])  

Text of HHS OIG Audit Report: Not All Internal Controls Implemented by the Federal, California, and Connecticut Marketplaces Were Effective in Ensuring That Individuals Were Enrolled in Qualified Health Plans According to Federal Requirements
"The deficiencies in internal controls that we identified may have limited the marketplaces' ability to prevent the use of inaccurate or fraudulent information when determining eligibility of applicants for enrollment in QHPs.... These deficiencies occurred because [1] the marketplaces did not have procedures or did not follow existing procedures to ensure that applicants were enrolled in QHPs according to Federal requirements or [2] the marketplaces' eligibility or enrollment systems had defects or lacked functionality." (Office of Inspector General [OIG], U.S. Department of Health and Human Services [HHS])  

Most Say It's Appropriate for Employers to Offer Wellness Programs, But Not to Tie Premiums to Participation or Health Outcomes
"[W]hile the large majority (76 percent) of the public thinks it is appropriate for employers to offer wellness programs that promote healthy behaviors, most (62 percent) believe it is not appropriate for employers to require workers to pay more for their health insurance premiums if they don't participate.... [An] even larger share (74 percent) say it is not appropriate for employers to charge workers higher premiums if they are unable to meet certain health goals. Opinions are similar among those who get their health insurance from an employer; 80 percent say it is appropriate for employers to offer participatory wellness programs, but majorities say it is not appropriate for them to charge workers higher premiums if they don't participate (62 percent) or if they are unable to meet certain health goals (75 percent)." (Henry J. Kaiser Family Foundation)  

Think Like a World Cup Goalie to Avoid the Paralysis of FMLA Abuse
"Start now by following up on incomplete and inadequate medical certification, using second/third opinions and re-certification, and use lawful means to engage the employee's health care provider about the employee's serious health condition and need for leave.... Maintain effective call-in procedures and obtain critical information during the intake process.... Conduct an FMLA audit to improve your ability to combat FMLA abuse and to comply with the law." (FMLA Insights)  

Proposal to Add Skimpier 'Copper' Plans to Marketplace Raises Concerns
"Insurers and some U.S. senators have proposed offering cheaper, skimpier 'copper' plans on the health insurance marketplaces to encourage uninsured stragglers to buy. But consumer advocates and some policy experts say that focusing on reducing costs on the front end exposes consumers to unacceptably high out-of-pocket costs if they get sick. The trade-off, they say, may not be worth it." (Kaiser Health News)  

Attention Employers: Have You Double-Checked Your FMLA Policies?
"The DOL has announced that it expects to increase the amount of FMLA audits and the frequency in which it comes on-site during an FMLA investigation. However, employers can mitigate risk by conducting an internal audit. What are some steps an employer can take to reduce their FMLA exposure?" (William Gallagher Associates)  

Hedge Fund Managers and Investors Re-Evaluate Manager Compensation After Rev. Rul. 2014-18
"In Revenue Ruling 2014-18, the IRS confirmed that certain nonstatutory stock options (NSOs) and stock-settled stock appreciation rights (SARs) granted to a service provider by a foreign corporation are not 'nonqualified deferred compensation plans' subject to taxation under Internal Revenue Code Sec. 457A.... While modification of the current compensation model may generate significantly different economic results than those derived from the annual fees and/or incentive allocations that have typically been utilized, the opportunity for greater flexibility in approach may be very positive for both fund managers and investors." (EisnerAmper)  

Associated Pension Consultants Celebrates 40 years of Excellence in the Retirement Plan Industry
Associated Pension Consultants

IRI Commends the Treasury Department on Longevity Annuity Regulation
Insured Retirement Institute [IRI]

New PBGC Projections Confirm Health of Single-employer Pension Guarantee Program
American Benefits Council

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