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Employee Benefits Jobs
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Webcasts and Conferences
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Hand-picked links to the web's best news articles, official guidance, jobs, webcasts and more.
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[Guidance Overview]
Marketplace Premium Payment Plans May Be Unhealthy for Employers (PDF)
"Over the last several months, some vendors have suggested that employers can contribute to accounts that can fund (i.e., pay or reimburse) employees' and/or retirees' premiums for individual health coverage on a tax-free basis... Some vendors have asserted, for example, that this arrangement can be offered to fewer than two current employees ... or to a retiree population.... The issues raised by such an offering are complex and employers must carefully analyze all the compliance concerns."
(Buck Consultants)
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[Advert.]
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Hobby Lobby Decision Brings Legal Questions
"The majority opinion stated that 'the cases before us are closely held corporations, owned and controlled by members of a single family'. Is this ruling supposed to be limited to family run businesses? What is a 'family' in this context? Does it include members outside of lineal ascendants and descendants? What about spouses? What about in-laws? What happens if the 'family' owns a controlling interest, but not the entire company? ... What type of corporate action will be required to prove that the corporate entity holds a sincere religious belief?"
(Squire Patton Boggs)
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What's Next for VEBAs? The Impact of Declining Employer-Provided Health Care Coverage and the ACA
"With retirees able to receive medical coverage through the Affordable Care Act's health care exchanges, the number of VEBA plans has already begun to decline. VEBAs will still serve a purpose as a tax-advantaged benefit funding mechanism and will be important for companies in financial distress looking to reduce the level and uncertainty of their significant benefit liabilities."
(Pension Research Council, Wharton School of the University of Pennsylvania; free registration required)
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Employers Adjust Employee Benefits to Emphasize Health Care and Wellness Even with Rising Costs
"[A recent] report shows a five-year trend increase in the percentage of organizations offering mental health coverage, contraception coverage, vision insurance, and coverage for bariatric and laser vision surgery. Currently, almost all organizations (98 percent) offer some type of health care coverage to their full-time employees, with the most common health insurance being a preferred provider organization (PPO) plan. Five-year trends also show a shift of health care costs to employees."
(Wolters Kluwer Law & Business)
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Survey Shows Continued Growth in HSA Enrollment
"The number of enrollees with HSA/HDHPs rose to nearly 17.4 million in January 2014, up from 15.5 million in January 2013, 13.5 million in January 2012, and 11.4 million in January 2011; an average annual growth rate of approximately 15 percent since 2011. Most enrollment gains in the HSA/HDHP market in 2014 were in the large group market."
(America's Health Insurance Plans [AHIP])
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No, Contraception Coverage Does Not Usually Pay for Itself
"Studies the departments cited are suggestive, but far from definitive. A fuller review of the literature on the cost and cost offsets of contraceptive coverage ... finds that the evidence is thin that, from an insurer's perspective, contraceptive coverage pays for itself in the long term. Moreover, it almost certainly does not in the short. The cost of contraceptive coverage is immediate, and the possible offsets (reduced pregnancies) are downstream, often years in the future."
(Austin Frakt in The New York Times; subscription may be required)
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Senate Bill Would Reverse Hobby Lobby Decision
"The bill ... would require for-profit corporations like Hobby Lobby Stores to provide and pay for contraceptive coverage, along with other preventive health services, under the [ACA].... The bill ... explicitly preserves federal rules that provide an exemption for churches and other houses of worship that have religious objections to providing coverage for some or all contraceptives. The bill also preserves an accommodation ... for nonprofit religious organizations, like colleges, hospitals and charities, that have religious objections.... 'The one thing we're going to do during this work period, sooner rather than later, is to ensure that women's lives are not determined by virtue of five white men,' [Senate majority leader Harry] Reid said Tuesday."
(The New York Times; subscription may be required)
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The Impact of Extending Dependent Coverage to Young Adults Under Health Reform
"Expanding insurance coverage for dependents at the state level prior to the ACA: [1] Resulted in small increases in dependent coverage, which were offset by declines in insurance provided by young adults' own employers. [2] Had no observable impact on the young adult uninsured rate. In contrast, in the early months of implementation of the ACA, the requirement for dependent coverage: [1] Led to a rapid and substantial increase in the number of young adults with dependent coverage. [2] Reduced the uninsured rate in the young adult population."
(Robert Wood Johnson Foundation)
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[Opinion]
Illinois Tax Mandamus: A Disastrous Court Ruling on State Retiree Health Benefits
"The ruling is a dreadful precedent for sensible pension reform. The court majority opined that the state constitution is 'aimed at protecting the right to receive the promised retirement benefits, not the adequacy of the funding to pay for them' and 'must be liberally construed in favor of the rights of the pensioner.' And unions have sued to block last year's de minimis pension fixes that tweaked cost-of-living adjustments, raised the retirement age for younger workers and capped annuities for employees making six figures."
(The Wall Street Journal; subscription may be required)
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Benefits in General; Executive Compensation
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IRS Confirms No Acceleration of U.S. Tax for Certain Stock Plans of Foreign Employers
"The IRS has confirmed that stock-based plans of non-U.S. employers under which options and stock appreciation rights are settled in stock do not result in acceleration of income for US tax purposes. However, the ruling also confirmed that stock appreciation rights that may be settled in cash can result in acceleration of income for employees or independent contractors who are U.S. taxpayers."
(Squire Patton Boggs)
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Targeted IRS Examinations of Section 409A Compliance
"Section 409A [Information Document Requests] have been extremely detailed, effectively requiring the employer to take specific legal positions on Section 409A compliance to respond. In most cases the examination will involve interviews of employees involved in Section 409A compliance. These interviews should be approached strategically. Careful preparation of the witnesses based on experience with IRS interview procedures and content can be extremely beneficial."
(Bloomberg BNA)
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Press Releases
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