Retirement Plan Administrator
Actuarial Consultants, Inc.
in CA

Customer Service Agent
Southern California Pipe Trades Administrative Corporation
in CA

Benefit Specialist
Southern California Pipe Trades Administrative Corporation
in CA

Claims Processor
Southern California Pipe Trades Administrative Corporation
in CA

Account Manager
National Retirement Services, Inc.
in NC

Compliance Analyst
National Retirement Services, Inc.
in NC

Senior Plan Manager
Morehead Plan Administrators, LTD
in NC

Junior Plan Manager
Morehead Plan Administrators, LTD.
in NC

401(k) Pension Consultant-Sales
Farmer & Betts
in AZ, CO, FL, IL, MO, TN, TX

Benefits Analyst
Stanford University
in CA

Defined Contribution Plan Administrator
N.A. Falcone & Associates, Inc.
in PA

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Best Practices for a Successful Lump Sum Buyout Strategy and Recent Developments Plan Sponsors Should Consider
November 18, 2014 WEBCAST
(PricewaterhouseCoopers LLP)

New ASOP 6: Does Your Actuarial Work Measure Up?
November 24, 2014 WEBCAST
(American Academy of Actuaries)

Circular 230 and the Push for Ethical Organizations and Professionalism
December 3, 2014 WEBCAST
(ASPPA [American Society of Pension Professionals & Actuaries])

Properly Defining Retirement Plan Compensation
December 4, 2014 WEBCAST
(IRS [Internal Revenue Service])

5th Annual Benefits Technology Summit
April 21, 2015 in CA
(benefitsCONNECT)

View All Webcasts and Conferences

[Guidance Overview]

Labor and Treasury Departments Play Whack-A-Mole with Employer Payment Plans
"A recent set of FAQs makes short shrift of two arrangements -- after-tax subsidies and a pre-tax reimbursement arrangement -- that are on solid regulatory ground. These arrangements are not now and never were ... viable, and their promotion was both reckless and irresponsible. The Departments' treatment of a third arrangement -- giving employees with high claims risk a choice between group health plan enrollment or cash -- is well-intentioned and may even be the 'right' result. But it rests ... on less solid legally and regulatory ground." (Mintz Levin)  

[Advert.]

WEB's mission is to further the development of benefits professionals

We are committed to helping define the role of the benefits professional in the 21st century, and as changing market forces reshape the profession, WEB will help its members meet the challenges ahead.

[Guidance Overview]

ACA Implementation FAQs Emphasize Compliance Pitfalls for Premium Reimbursement Arrangements
"This third shot across the bow includes a reminder that the arrangements described in these FAQs can trigger penalties such as excise taxes of $100 per day for each affected individual under Code Section 4980D. Employers currently using, or considering, these arrangements should seek legal advice." (Thomson Reuters / EBIA)  

DOL Opines on State Regulation of Stop-Loss Insurance and Reports to Congress on Self-Insured Health Plans
"The DOL's stop-loss guidance seems likely to prompt further state regulation of stop-loss attachment points.... Although not mentioned, the release seems to be a product of the 2012 tri-agency request for information regarding stop-loss insurance ... which noted similar concerns about low attachment points, and which some feared could lead to federal regulation. The report on self-insured plans, which is based on 2011 data, may not fully reflect trends (e.g., toward or away from self-insurance) resulting from health care reform implementation over the last three years." (Thomson Reuters / EBIA)  

Second Circuit: Group Health Plan Has No Claim for Reimbursement of Benefits from Individual Policy Where Both Claim to Provide Secondary Coverage
"After it paid the claims, Central States sought reimbursement from Gerber, whom it considered the primary insurance provider. Gerber refused to pay, taking the position that ... its policies provided only excess, secondary coverage.... [We] are not free to fill in unwritten gaps in ERISA's civil remedies by reading into the statute additional causes of action derived from federal common law.... [A]lthough Central States might well be left without an appropriate remedy as a result of this decision, and that in the future its beneficiaries may be put in the unfortunate position of having to sue their insurance companies to receive benefits to which they are indisputably entitled, the claims raised by Central States are legal, not equitable, and therefore may not be brought under Section 502(a)(3)." [Cent. States, Se. & Sw. Areas Health & Welfare Fund v. Gerber Life Ins. Co., No. 13-4834 (2d Cir. Nov. 14, 2014)] (U.S. Court of Appeals for the Second Circuit)  

Sixth Circuit: ERISA Preempts State Leave Law as Applied to Disability Plan
"The Sixth Circuit's conclusion in this case differs from the DOL's conclusion in a 2005 advisory opinion that a substitution provision in another state's FMLA law was not preempted by ERISA ... However, that DOL opinion was issued after the Wisconsin Supreme Court had ruled in a different case that this same provision of the WFMLA was not preempted by ERISA ... It will be interesting to see if the DOL reconsiders its position following this federal appeals court determination that the WFMLA provision is preempted." [Sherfel v. Newson, No. 12-4285 (6th Cir. Sept. 30, 2014)] (Thomson Reuters / EBIA)  

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Mercer Select can help. With a user-friendly website and daily emails, Mercer Select members stay informed about the ACA and other key benefit, comp and HR issues. Sign up for a free demo or guest membership.

Text of DC Court of Appeals Opinion Rejecting Challenge to Contraceptive Mandate Accommodation (PDF)
86 pages. "All Plaintiffs must do to opt out is express what they believe and seek what they want via a letter or two-page form. That bit of paperwork is more straightforward and minimal than many that are staples of nonprofit organizations' compliance with law in the modern administrative state.... The accommodation requires as little as it can from the objectors while still serving the government's compelling interests. Because the regulatory opt-out mechanism is the least restrictive means to serve compelling governmental interests, it is fully consistent with Plaintiffs' rights under RFRA." [Priests for Life, et al. v. Burwell, Nos. 13-5368, 13-5371, 14-5021 (D.C. Cir. Nov. 14, 2014)] (U.S. Court of Appeals for the District of Columbia Circuit)  

Fortune 1000 Companies Have a $285 Billion Retiree Medical Liability
"Total liability for 2013 was down from total liability for 2012, which was $338 billion. The decrease was mainly due to increases in discount rates.... Of the 501 companies that [have retiree medical liability], 67% had no assets backing the liability.... Volatility of the discount rate makes the obligation variable and unpredictable.... Tax reform legislation could wipe out billions in deferred taxes overnight.... Longer life expectancies could increase the projected obligation.... Boards and shareholders view dedicating balance sheet capacity to a nonstrategic benefit as an inefficient use of capital." (Towers Watson)  

Obamacare Architect Describes 'Mislabeling' in Sixth Video
"[MIT economist Jonathan] Gruber explains that by drafting the bill this way, they were able to pass something that would initially only impact some employer plans though it would eventually hit almost every employer plan. And by that time, those who object to the tax will be obligated to figure out how to come up with the money that repealing the tax will take from the treasury, or risk significantly adding to the national debt. 'What that means is the tax that starts out hitting only 8% of the insurance plans essentially amounts over the next 20 years essentially getting rid of the exclusion for employer sponsored plans,' Gruber said. 'This was the only political way we were ever going to take on one of the worst public policies in America.' " (CNN)  

Obamacare Premiums Climb 3% on Average Ahead of 2015 Enrollment
" 'Bronze'-level insurance, the least expensive full-coverage plans available, will cost at least $307 a month on average for a 50-year-old nonsmoker next year ... The cheapest 'silver' plans, the category most popular with consumers, would cost the same person $381 on average, a 4 percent increase from a year before." (Bloomberg)  

[Opinion]

A 'Shameful Day': Text of Business Roundtable Letter to HHS, IRS and DOL in Response to EEOC Actions Targeting Employer Wellness Programs
"Allowing the EEOC to act in contravention to the positive provision of the ACA without reproach from the Departments charged with governing and overseeing these programs will send a message to employers that certain ACA provisions are interpretative only and remain subject to litigation. It is a shameful day when well-intentioned and well-informed reliance on regulations, driven by the good will of employers to offer positive, innovative programs to their employees, can result in litigation." (Business Roundtable [BRT])  

The Supreme Court's 2013-2014 Labor and Employment Law Decisions: Consensus at the Court
"This Article is a review of the Supreme Court's 2013-2014 labor and employment law decisions. Among the cases discussed are ... Fifth Third Bancorp v. Dudenhoeffer, Heimeshoff v. Hartford Life & Accident Ins. Co. ... and Burwell v. Hobby Lobby Stores. The Article notes the relative lack of sharp divisions among the Justices -- a result that appears to largely be the result of a less controversial labor and employment docket. However, as some of even this year's decisions show, sharp divisions on the Court still exist, and we're likely to see a return to the usual ideological decisions in later terms." (Jeffrey M. Hirsch, University of North Carolina School of Law, via SSRN)  

Trouble Brewing in the Workplace: Benefits to the Rescue
"Employees are concerned with their financial wellness, as evidenced by the research. And, when asked, they pinpointed some specific things employers can do to help them address these concerns. Nearly a third (29%) of respondents said that the ability to 'borrow' money from employer at 0% interest for necessary purchases would influence them to stay with their employer longer 30% said that reduced cafeteria food costs or lunch vouchers would have the same effect 21% said that they would be influenced to stay with their employer longer if the employer offered financial wellness counseling. Massages and in-house services got a positive reception from 25%, who said it may also influence their likelihood to stay with an employer." (workpays.me)  

What Is Deferred Compensation? Difficult Issues Made for Complex 409A Rules (PDF)
"[One] difficult issue was to determine what arrangements were deferred compensation, so that people would know whether the arrangement was subject to Section 409A. The legislation was not very helpful in that regard.... Another difficult issue was when stock and stock-based compensation would be subject to Section 409A ... Since the Section 409A rules are seen as complex as the qualification rules for tax-qualified plans, companies are surprised to learn that the corrections program for deferred compensation plans is more limited than the corrections program for qualified plans." (Groom Law Group, via Bloomberg BNA Pension & Benefits Daily)  

CMS Releases New Data Demonstrating Increased Choice, Competition in the Health Insurance Marketplace in 2015
Centers for Medicare & Medicaid Services [CMS]

Patient-Centered Care Sees Positive Health Outcomes and Lower Costs for 'Medigap' Population
Mercer

Metlife And Fidelity Introduce New Investment Solution: A Variable Annuity with a Principal Protection Guarantee
Fidelity Investments

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