Health & Welfare Plans Newsletter

February 2, 2015

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Employee Benefits Jobs

401(k) Administrator
Pollard & Associates, Inc.
in MD

Defined Contribution Administrator
Markley Actuarial Services, Inc.
in PA

Senior Pension Fellow
American Academy of Actuaries
in DC

Conversion, Data Specialist
The Newport Group
in NC

401k Administrator
Producing TPA
in MA, RI

Attorney - ERISA/Employee Benefits
International Union, United Auto Workers
in MI

Business Analyst - Pension
Towers Watson
in ANY STATE

Actuarial Specialist
Kravitz, Inc.
in ANY STATE

Benefits Administrator
National Associates Inc. subsidiary of Farmers National Banc Corp.
in OH

General Counsel - National Association of Plan Advisors (NAPA) and the National Tax-deferred Savings Association (NTSA)
American Society of Pension Professionals & Actuaries, Inc.
in VA

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Webcasts and Conferences

Reducing Medical Costs Using Price Transparency Services
February 12, 2015 in IL
(Midwest Business Group on Health)

401(k) Testing Techniques 2015
February 20, 2015 WEBCAST
(SunGard Relius)

Putting Yard-Man Out to Pasture: Supreme Court in Tackett Rejects Inference Regarding Vesting of Retiree Medical Benefits
February 24, 2015 WEBCAST
(Practising Law Institute)

Retirement Plan Insights Seminar
May 12, 2015 in PA
(McKay Hochman Co., Inc.)

View All Webcasts and Conferences



[Official Guidance]

Text of Instructions for IRS Form 8963: Report of Health Insurance Provider Information (February 2015) (PDF)
"File Form 8963 to report net premiums written for health insurance of United States health risks. The information you report will be used by the IRS to calculate the annual fee on health insurance providers.... Generally, a covered entity that provides health insurance for any United States health risk during the 2015 fee year (the calendar year in which the fee must be paid) must file Form 8963.... File Form 8963 by April 15, 2015, for 2014 calendar year net premiums written information (2014 is the data year, which is the calendar year immediately before the 2015 fee year). A covered entity who fails to file Form 8963 by the due date may be subject to penalties." (Internal Revenue Service [IRS])  


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[Official Guidance]

Text of CMS Notice: Application of the SHOP Participation Provision by Issuer (PDF)
Updated January 2015. "To help ensure that employers have a robust choice of QHPs in the Federally-facilitated-SHOP, HHS recently finalized a Qualified Health Plan (QHP) certification requirement linking Federally-facilitated Exchange and Federally-facilitated SHOP participation ... The certification requirement applies when an issuer or a member of the same issuer group as the issuer ... has a share of the small group market in an FFE/FF-SHOP state that exceeds 20 percent, as determined from the most recent earned premiums data reported to HHS.... [T]his certification standard will apply to the 2016 plan year ... HHS has developed the following state-by-state list of issuers who have greater than 20 percent small group market share in their respective state[.]" (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

[Guidance Overview]

Examining the Proposed Changes to SBC Requirements
"Most notably, the new template SBC is only two and a half double-sided pages long, down from four double-sided pages. The Departments have created space by rearranging and deleting informational material in the template SBC that they deemed to be less useful after surveying consumers.... Despite the overall reduction in SBC length, the SBC will be required to include an additional coverage example going forward describing a hypothetical participant's costs relating to a simple fracture with an emergency room visit. Also, the SBC must now disclose whether the plan covers abortion services." (Seyfarth Shaw LLP)  

New ACA Affordability Rules Impact Cafeteria Plan Flex Credits
"Prior to this guidance, many employers had assumed the entire flex credit could be counted as an employer contribution for affordability purposes. After this rule, that is no longer the case. Now, employers may need to designate a portion of the total flex credit amount that may only be spent on benefits providing medical care (such as medical, dental, vision and health FSA) in order to be able to count the flex credit in the affordability calculation, including application of the affordability safe harbors under the Code 4980H regulations." (Hill, Chesson & Woody)  

Federal District Court Signs Off on $1 Million COBRA Class Action Settlement
"The settlement resolves a class action lawsuit alleging that an employer/plan administrator violated COBRA's notice and premium subsidy rules by failing to distribute on a timely basis initial COBRA notices, COBRA election notices and notices related to the subsidies. The settlement consists of a $375,000 payout to nearly 70 class members (who on average will receive more than $5,000), a $12,000 'service award' to the class representatives as well as a separate payout of nearly $625,000 for attorney's fees and other costs." [Slipchenko v. Brunel Energy, Inc., No. 11-1465 (S.D. Tex. Jan. 23, 2015)] (Thompson SmartHR Manager)  


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Supreme Court Rejects Yard-Man Inference That Retiree Welfare Benefits Extend Beyond the Term of Collective Bargaining Agreements (PDF)
"Justice Thomas' opinion makes clear that any inferences of the type adopted by the Sixth Circuit must be based on facts found in the record, not on the courts 'suppositions about the intentions of employees, unions, and employers negotiating retiree benefits.' ... Importantly, the analytic framework adopted by the Supreme Court requires that future courts confronting vesting questions conduct a traditional analysis of the contractual language, only relying on extrinsic evidence if a material term is ambiguous." [M&G Polymers USA, LLC v. Tackett, No. 13-1010 (U.S. Jan. 26, 2015)] (Groom Law Group)  

Employee Unsuccessfully Challenges Termination for Continuing to Enroll Ex-Spouse in Employer-Sponsored Health Plan
"This case ... demonstrates that training, not just for benefits personnel but for managers and others who may have more direct contact with employees, is a key component in good benefit plan administration.... Although the employer prevailed here, this lawsuit could have been avoided completely had the manager handled the situation appropriately in the first place. Keep in mind, also, that periodic audits to verify dependent eligibility can be a useful tool to help identify and correct these problems sooner." [Forristall v. Federal Express Corp., No. 13-11454 (D. Mass. Nov. 21, 2014)] (Thomson Reuters / EBIA)  

Beyond Wellness ROI, Part II: Case Study of a Major Self-Funded Employer
"One frequent claim is that there is almost no evidence that employer wellness programs reduce health care costs, let alone accomplish this in a manner that produces a positive return on investment.... Headquartered in Lisle IL, Navistar is a leading manufacturer of commercial trucks, buses, defense vehicles, and engines. Using an approach that ironically paid little attention to ROI calculations per se, the company nonetheless ultimately achieved huge costs savings and an excellent return on its investment. Moreover, the strides it took toward a benchmark, sustainable workplace 'culture of health' are striking." (Health Affairs)  

The Economic Benefits of Paid Parental Leave
"Economists have found that with paid leave, more people take time off, particularly low-income parents who may have taken no leave or dropped out of the work force after the birth. Paid leave raises the probability that mothers return to employment later, and then work more hours and earn higher wages. Paid leave does not necessarily help businesses -- but it does not seem to hurt them, either." (The New York Times; subscription may be required)  

2015 Premium Tax Credit Quick Reference Chart (Based on 2014 Federal Poverty Line)
"[1] Locate line where annual household income & household size intersect; [2] First column shows household percentage of Federal Poverty Line -- if between 100% and 400% continue; [3] Second column shows percentage of household income required towards purchase second-lowest cost Silver coverage in Marketplace; [4] 'CSR AV' column shows resulting Actuarial Value after Cost Sharing Reductions applied (otherwise standard 70%); [5] 'Monthly contribution' equals contribution percentage times household income divided by 12." (Kaufman & Canoles, P.C.)  

Account-Based Health Plans Today (PDF)
7 pages. "An [Account Based Health Plan (ABHP)] is a high deductible health plan paired with a tax-favored account. The accounts are typically either a Health Savings Account (HSA) or a Health Reimbursement Arrangement (HRA).... Now that more employers are considering these plans, it makes sense to review the key details including: [1] Factors Influencing Adoption of ABHPs; [2] Health Savings Accounts; [3] Health Reimbursement Arrangements; [and] [4] Factors to Consider When Adopting ABHPs." (McGraw Wentworth)  

Small Businesses Say Health Insurance Affordability Still a Major Concern
"Katie Vlietstra, Vice President for Government Relations and Public Affairs for NASE [said,] 'Greater than 23% of those we surveyed are budgeting to spend more than $10,000 on health care expenses alone this coming year. That level of spending on health care costs hurts the bottom lines of America's smallest businesses and it impedes their ability to save, grow and create new jobs. The small business community is the engine of our nation's economy and the cost of health care coverage continues to clog the fuel line.' " [Also available: detailed survey results.] (National Association for the Self-Employed [NASE])  

Risk Adjustment Plus Risk Corridors: Offsetting Impact (PDF)
12 pages. "This paper has been prepared to assist actuaries in considering the combined impact of these programs on a company's balance sheet for year-end 2014, the first year these programs are applicable.... The main focus of this paper will be on the offsetting interactions of the risk adjustment program and risk corridors (assuming an issuer's plans qualify for both risk adjustment and risk corridor programs).... [T]he range of impact on balance sheets from potential variability of the combined effect of risk adjuster and risk corridor payments is substantially smaller compared to the variability of either the risk adjuster or risk corridors by themselves." (Milliman)  

APIs Enable Speed to Market with Consumer-Friendly Benefits Exchanges
"Virtually every carrier in the country -- medical, voluntary or ancillary -- is right now trying to decide which exchange (or exchanges) they should offer their products on, or whether they should perhaps build their own exchange. Brokers are pondering the same question.... The winners will be those who make it easiest for consumers to shop and enroll online.... The main point here is to focus on the consumer experience. There is a lot of technology innovation going on in the area of decision support that you can bring to bear on creating customer delight." (The Institute for HealthCare Consumerism [IHCC])  

A Primer on Medicare Physician Payment Reform and the SGR
"If there is an equivalent of 'Groundhog Day' in the legislative arena, it may be the semi-annual exercise to defer the physician payment rate cuts called for in Medicare's Sustainable Growth Rate (SGR) legislation. Ever since 2003, Congress has legislated an alternative to the automatic cuts scheduled under the law. This time, absent legislative action, payments to physicians under Medicare will but cut by 21.2 percent starting in April.... [This article] explains just what is behind this decade of 'kicking the can down the road.' " (The Brookings Institution)  

Medical Costs Rise for Retirees Who Winter in Florida
"When researchers from Dartmouth last year looked at the number of tests and imaging studies received by Florida Medicare patients in the last two years of life, with the exception of the panhandle, totals were far above the national average ... Other areas that showed high rates of testing and imaging in the study included Arizona, California, southern Nevada and South Texas, all also popular for sun-seeking retirees; New Jersey and New York City also scored high, though, too." (The New York Times; subscription may be required)  

Why Carriers Like Lump Sum Payouts for Living Benefits Riders Tacked Onto Life Insurance Policies
"The lump sum is a lot easier and the claims experience more stable and predictable, as carriers don't have to pay out in small installments over longer periods. Partly as a result, carriers favor the lump sum payment over monthly, quarterly or annual installments to pay for care associated with terminal illness, chronic illness or critical illness." (InsuranceNewsNet.com)  

[Opinion]

Where Does the ACA Go from Here?
"[D]eductibles might be a good way to get healthy people to pay attention to prices, but the U.S. health spending crisis is not driven by profligate healthy people. It is driven by the 18 percent of us, mainly with chronic conditions, who spend 80 percent of our health dollars. But patients with chronic conditions routinely blow through their deductibles. So the increased reliance on first dollar deductibles seems woefully misplaced. CMS can and should allow insurers to creatively redesign cost sharing so as to increase the price sensitivity of chronically ill patients, without increasing overall financial risk." (David Dranove and Craig Garthwaite, Kellogg School of Management)  

Benefits in General; Executive Compensation

BLS Employment Cost Index, December 2014
"Compensation costs for civilian workers increased 0.6 percent, seasonally adjusted, for the 3-month period ending December 2014, the U.S. Bureau of Labor Statistics reported [on January 30]. Wages and salaries (which make up about 70 percent of compensation costs) increased 0.5 percent, and benefits (which make up the remaining 30 percent of compensation) increased 0.6 percent." (U.S. Bureau of Labor Statistics [BLS])  

The 2015 Aggregate Share-Based Compensation Report (PDF)
"This report covers the three-year period from 2011 to 2013, and includes the following: [1] Company-wide annual grant rates, measured based on annual share usage and fair value transfer (FVT) ... [2] Overhang, measured based on share dilution as well as the fair value of outstanding grants; [3] Frequency and prevalence of long-term incentive plan share requests; [4] Allocation of long-term incentive pools to the CEO and other proxy officers; ... [5] Prevalence of employee stock purchase plans (ESPPs)." (Frederic W. Cook & Co., Inc.)  

Thinking Like an Activist: The Benefits of Looking at Executive Comp Programs Through a Critical Lens
"[L]ooking at your executive compensation programs from the perspective of an activist investor can focus compensation committees on three critical areas: [1] Performance of the company relative to competitors for business and shareholder capital; [2] Executive compensation relative to peers, compared to performance relative to peers; [3] Stretch in incentive plan target setting and rigor in the evaluation of performance.... Understanding how the company is positioned in these three areas can provide an early warning of potential activist interest, or comfort that activists are not likely to see the company as an ideal target." (Meridian Compensation Partners, LLC)  

Press Releases

U.S. Labor Department Obtains Judgment Ordering Manassas, Va., Company to Restore More Than $31,000 to 401(k) Plan
Employee Benefits Security Administration [EBSA], U.S. Department of Labor

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