EmployeeBenefitsJobs.com logo BenefitsLink.com logo

BenefitsLink Health & Welfare Plans Newsletter

July 23, 2014          Get Retirement News  |  Advertise
         Past Issues  |  Search

Employee Benefits Jobs

Retirement Planning Consultant
Transamerica Retirement Solutions
in CA

ERISA Attorney - Health and Welfare
USI Insurance Services
in KY, WV

Strategic Communications Consultant
New York Life Retirement Plan Services
in ANY STATE

Sales Support Analyst
United Retirement Plan Consultants
in ANY STATE

Associate Vice President & Regional Sales Consultant
United Retirement Plan Consultants
in NC

Associate Vice President & Regional Sales Consultant
United Retirement Plan Consultants
in IL

Post Your Job

View All Jobs

RSS feed for jobs RSS Feed: All Jobs


Webcasts and Conferences

Avoiding Costly Part D Sanctions: Rx Access Strategies for Plans and PBMs
August 5, 2014 WEBCAST
(Atlantic Information Services, Inc)

Preparing for 2015 Open Enrollment
August 7, 2014 WEBCAST
(Mercer)

Impacts of Health Care Reform on the Retirement Plan Community
August 13, 2014 in FL
(ASPPA Benefits Council [ABC] of Central Florida)

Ins and Outs of Controlled and Affiliated Service Groups
August 14, 2014 WEBCAST
(ASPPA [American Society of Pension Professionals & Actuaries])

Fiduciary "Tapas"
August 19, 2014 in GA
(ASPPA Benefits Council [ABC] of Atlanta)

North American Investors Summit
September 8, 2014 in GA
(marcus evans)

Controlling Health Care Costs With Self-Funded Plan Options
September 30, 2014 WEBCAST
(Lorman Education Services)

60th U.S. Annual Employee Benefits Conference
October 12, 2014 in MA
(International Foundation of Employee Benefit Plans [IFEBP])

View All Webcasts and Conferences


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

Text of Corrections to HHS Final Regs on ACA Exchange and Insurance Market Standards for 2015 and Later Years
8 pages. Excerpt: "This document corrects technical and typographical errors that appeared in the final rule, published in the Federal Register on May 27, 2014, entitled 'Patient Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and Beyond.' These corrections are effective on July 28, 2014." (U.S. Department of Health and Human Services)  


[Advert.]

Please join us for our 3rd Annual ftwilliam.com Customer Conference!

Sponsored by ftwilliam.com

Sign-up for our 3rd Annual ftwilliam.com Customer Conference, August 3-5 in downtown Chicago! Earn CE credits while learning about the latest industry news and trends, interacting with your peers, and learning more about your ftwilliam.com software tools.



[Guidance Overview]

Modified COBRA Notices for the ACA Environment (PDF)
27 presentation slides. Topics include: [1] New DOL Model COBRA Notices; [2] Contretemps and Conflicts: COBRA and Exchange Coverage; and [3] The Future of COBRA: A Practitioner's Perspective. (Morgan Lewis)  

Court Overturns Obamacare Aid for Plan Buyers on Federal Exchange
"The decision, if it withstands appeals, may deprive more than half the people who signed up for Obamacare the tax credits they need to buy a health plan. The government will immediately seek review of the court's decision and in the meantime nothing has changed for people getting premium tax credits, Justice Department spokeswoman Emily Pierce said. A White House official said the U.S. will seek a review by the full appeals court, where seven of the 11 judges were nominated by Democratic presidents, including four by Obama." [Halbig v. Burwell, No. 14-5018 (D.C. Cir. July 22, 2014)] (Bloomberg)  

D.C. Circuit Decision Not Likely to Change Status Quo Any Time Soon
"The judgment of the D.C. Circuit states 'that the judgment of the District Court appealed from in this cause is hereby reversed and the case is remanded with instructions to grant summary judgment to appellants and vacate the IRS Rule for the reasons in the accompanying opinion.' In fact, however, under the federal rules, this judgment is automatically put on hold until seven days after the expiration of the 45-day period the government has to request a rehearing by all eleven judges of the D. C. Circuit (plus the two senior judges who were on the panel). If the government requests such 'en banc' review (and it already has said that it will); one judge requests a vote on the request; and a majority of the judges grant the request, the entire court will likely set aside the three judge panel decision and rehear the case itself. This will likely take several months.... In the interim, the White House has announced that the federally facilitated exchanges will issue premium tax credits." (Timothy Jost in Health Affairs)  

Subsidies in the Federal Marketplace: A Definite Maybe
"For employers, this split may have some significant impact on their ACA compliance planning.... [E]mployers are making decisions regarding offering coverage based on the assumption that it will be cheaper for employees to get subsidized coverage through the exchange. But if the subsidy is not available because there is no state exchange, that assumption may not be correct." (Fox Rothschild LLP)  


[Advert.]

Reduce costs. Improve cash flow. Curb rising benefit premiums.

Sponsored by IPMG [Insurance Program Managers Group]

Explore the advantages of a Self-Funded Health Plan! By bringing together cutting edge cost containment strategies, excellent service and outstanding resources, IPMG's EBS division can help you make a difference for your plan.



Two Circuits Issue Conflicting Rulings on ACA Subsidies Available Through Federal Exchange
"In the space of less than two hours, two federal appeals court panels issued conflicting rulings on whether the government can lawfully subsidize premiums for consumers in 36 states that use the federal insurance exchange.... 'We reach this conclusion, frankly, with reluctance,' wrote [D.C.] Circuit Judge Thomas Griffith in the majority's opinion. 'At least until states that wish to can set up Exchanges, our ruling will likely have significant consequences both for the millions of individuals receiving tax credits through federal Exchanges and for health insurance markets more broadly. But, high as those stakes are, the principle of legislative supremacy that guides us is higher still'[.] " [Halbig v. Burwell, No. 14-5018 (D.C. Cir. July 22, 2014); King v. Burwell, No. 14-1158 (4th Cir. July 22, 2014)] (Courthouse News Service)  

A D.C. Court Ruled Against Obamacare. Here's What Happens Next.
"Responding to the news about Halbig, the Obama administration immediately stressed: Plan purchases through the marketplaces will continue as normal, and there will be 'no practical impact' on tax credits ... But at minimum, a case that some legal watchers initially dismissed as DOA suddenly is in position to deal a major blow to the [ACA].... If the Halbig ruling stands ... premium payments could rise by about 76% in states that rely on federally facilitated exchanges. Florida residents, for example, could see their insurance premiums go up by about 95%." (The Advisory Board Company)  

Obama Administration to Revise Part of Contraception Rule Applicable to Nonprofit Religious Organizations
"Justice Department lawyers said in a brief filed Tuesday with the U.S. Court of Appeals for the 10th Circuit that the federal government would issue new regulations in the next month that will apply to all nonprofit institutions that say the faith with which they are affiliated is opposed to the use of most forms of contraception.... [It] is likely that the Supreme Court's order will shape the new compromise arrangement, and that nonprofit institutions will be able to write a letter stating their objections, rather than filing a form. That would leave the federal government to work out how those employers get access to contraception coverage." (The Wall Street Journal; subscription may be required)  

Federal Undercover Investigation Signs Up Fake Applicants for ACA Coverage, Subsidies
"In undercover tests of the new federal health insurance marketplace, government investigators have been able to procure health plans and federal subsidies for fake applicants with fictitious documents ... The results of the inquiry by the [GAO] are evidence of still-imperfect work by specialists intended to assist new insurance customers and government contractors hired to verify that coverage and subsidies are legitimate." (The Washington Post; subscription may be required)  

Text of GAO Report: Preliminary Results of Undercover Testing of Enrollment Controls for Health Care Coverage and Consumer Subsidies Provided Under the ACA
"GAO was asked to examine issues related to controls for application and enrollment for coverage through the federal marketplace. This testimony discusses preliminary observations on (1) results of undercover testing in which we obtained health care coverage; (2) additional undercover testing, in which we sought to obtain consumer assistance with our applications; and (3) delays in the development of a system needed to analyze enrollment." (U.S. Government Accountability Office [GAO])  

Rethinking COBRA After Health Care Reform
"For many employees, coverage through a Health Exchange may be less expensive than COBRA coverage, but electing COBRA coverage may render an employee ineligible for Health Exchange coverage for some period of time.... [T]he new model election notice omits details about extending COBRA coverage due to disability or a second qualifying event.... A reduction in hours that causes a loss of coverage is a COBRA qualifying event. Employers using the look-back measurement method will need to determine when the qualifying event occurs and when the COBRA maximum coverage period begins." (Snell & Wilmer SW Benefits Update)  

Has the ACA Slowed the Growth of Health Care Spending?
"[In] 2012, health care spending as a share of the economy declined slightly for the second year in a row ... But do these reports actually indicate that the ACA is curbing health care growth, relative to the growth of the rest of the economy? In fact, the recent slowing of health care expenditures is one of several similar slowdowns. Further, data for 2013 and the first part of 2014 indicate that the trend is already reversing and health care expenditures are rising." (National Center for Policy Analysis)  

[Opinion]

The Fate of the Obamacare Subsidies in the Supreme Court
"It seems inevitable that the Supreme Court is going to take up the issue. The Obama administration has said that it will ask all the judges of the D.C. Circuit to rehear that case. And there is a good chance it will win there.... But even if that happens, the case seems too close and too important for the Supreme Court to pass it up.... And while the administration publicly argues that the challenge is meritless and politically motivated, the language of the statute actually makes the legal claim very serious." (Tom Goldstein in SCOTUSblog)  

[Opinion]

Conflicting Appeals Court Decisions Create Additional Uncertainty for All ACA Stakeholders
"What actions might Congress take? ... What actions might the regulatory agencies take? ... How will the states react? ... What does this mean for individuals? ... What does this mean for employers?" (American Benefits Council)  

[Opinion]

Issa Statement on Federal Circuit Court Upholding Challenge to Obamacare
"'The court's decision is consistent with the Committee's oversight, which through multiple briefings and hearings, learned that neither the Internal Revenue Service nor the Treasury Department conducted a serious or thorough analysis of the statute or the legislative history and intent prior to cobbling an ad hoc legal rationale for a key provision of the President's healthcare law,' said [House Oversight and Government Reform Committee Chairman Darrell Issa, R-Calif]." (Committee on Oversight and Government Reform, U.S. House of Representatives)  

Benefits in General; Executive Compensation

Notice of ERISA Advisory Council Meeting: August 19-21, 2014
"The Advisory Council will study the following issues: (1) Outsourcing Employee Benefit Plan Services, (2) [Pharmacy Benefit Manager (PBM)] Compensation and Fee Disclosure, and (3) Issues and Considerations around Facilitating Lifetime Plan Participation. The schedule for testimony and discussion of these issues generally will be one issue per day in the order noted above.... Organizations or members of the public wishing to submit a written statement may do so by submitting 40 copies on or before August 12, 2014[.]" (Employee Benefits Security Administration [EBSA], U.S. Department of Labor)  

Taking the 'Risk' Out of De-Risking a SERP
"Beyond the financial, legal and accounting factors that arise in de-risking a pension plan, [this article] addresses the potentially overlooked impact that such strategies may have on a company's related supplemental executive retirement plan (SERP). [The authors] provide an overview of the relevant tax rules under Section 409A of the Internal Revenue Code and a summary of Section 409A and other key issues to be considered in connection with de-risking a SERP." (Groom Law Group)  

Trends in Nonqualified Deferred Compensation During 2013
"[N]onqualified deferred compensation (NQDC) plan participants expressed an awareness about accumulating enough retirement income for the future. More participants are taking steps to help shape what their 'retirement reality' will look like, and are increasingly planning ahead. As a result, key employees enrolled in NQDC plans increasingly recognize the role of these plans in saving for retirement." [Also available are a Research Summary and an infographic of key findings.] (Principal Financial Group)  

Press Releases

IRI Fact Book 2014 Now Available
Insured Retirement Institute [IRI]

ASPPA Welcomes Industry Leader Nevin Adams as Communications Chief
ASPPA [American Society of Pension Professionals & Actuaries]

Connect   LinkedIn   Twitter   Facebook
BenefitsLink.com, Inc.
1298 Minnesota Avenue, Suite H
Winter Park, Florida 32789
Phone (407) 644-4146
Fax (407) 644-2151

Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

Copyright © 2014 BenefitsLink.com, Inc. -- but feel free to forward this newsletter without further permission from us, if you do not modify the newsletter in any way (including this lower portion).

All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.

Links to Web sites other than those owned by BenefitsLink.com, Inc. are offered as a service to readers. The editorial staff of BenefitsLink.com, Inc. was not involved in their production and is not responsible for their content.

Useful links: