Retirement Planning Consultant (Full & Part-time)
Transamerica Retirement Solutions
in IL

Associate Attorney Tax
Perkins Coie, LLP
in WA

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Long Island TPA Firm
in NY

Conversion Specialist
BlueStar Retirement Services
in ANY STATE, FL

ERISA Compliance Specialist
Charles Schwab
in TX

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Overview of the DOL's Proposed Fiduciary Rule
April 29, 2015 WEBCAST
(Wagner Law Group P.C.)

Fiduciary Investment Advice
May 14, 2015 WEBCAST
(SunGard Relius)

Fundamental Series 13: Roth Contributions & Taxation [2015]
May 18, 2015 WEBCAST
(SunGard Relius)

Spring 15 Retirement, Annuity, and Life Insurance Benefit Planning
May 20, 2015 in NY
(New York State Bar Association)

(K)onvergence Summit: Formulating U.S. National Retirement Policy Investment Array of the Future
June 9, 2015 in MA
(EACH Enterprise)

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[Guidance Overview]

EEOC Finally Releases Notice of Proposed Rulemaking for Wellness Programs
"Like the proposed rules themselves, the EEOC's requests for comment on the Notice provide a mix of helpful insight and somewhat unsettling language. For example, the EEOC requests comments regarding whether employers should be required to secure written confirmation from an employee that their participation in the wellness program is voluntary, whether the proposed notice requirement should only apply to wellness programs that offer more than de minimis rewards (or penalties), and whether rewards provided by wellness programs that are offered outside of a 'group health plan' or insurance arrangement should be limited. These requests suggest that the EEOC may be looking either to further limit the scope of wellness programs or create additional administrative burdens on employers who maintain them. Other requests for comment indicate that EEOC is not quite in tune with the role that wellness programs have come to play the workplace." (Verrill Dana LLP)  

[Advert.]

Looking to Connect with other EB Professionals? Start a New WEB Chapter!

Are you are a leader in employee benefits? Interested in developing qualifications of others in the field, while enhancing your own credentials? Contact us about joining a team of like-minded professionals to start a new WEB chapter in your geographic area.

[Guidance Overview]

EEOC Proposes Long-Awaited Wellness Regs; Other Agencies Issue Wellness FAQs
"Although the EEOC has indicated its intent to provide as much consistency as possible with the HIPAA rules, there are some key differences. For example, the proposed regulations' notice, maximum incentive, and reasonable design requirements apply to both participatory and health-contingent wellness programs, whereas participatory programs are exempt from comparable requirements under HIPAA." (Thomson Reuters / EBIA)  

[Guidance Overview]

CMS Issues Final Notice of Benefits and Payment Parameters for 2016 (PDF)
"Employers may terminate, start or change plan funding during a year. This could result in a self-funded employer overpaying or underpaying the reinsurance fee, such as when an employer, using the snapshot or snapshot factor method, has a change in funding methods during a quarter. The Notice directs the employer to choose 'count days' under these methods that have employees covered by the plan. Employers can then pro-rate that quarter's count of average covered lives based on the number of days that coverage was provided during that quarter. Self-funded, self-administered medical plans will not be subject to the reinsurance fee in 2015 or 2016." (Marsh & McLennan Agency LLC)  

Time to Take Another Look at Stop-Loss Insurance
"This article reviews the basics of stop-loss insurance and how organizations can use it to better manage the added risk and increased cost due to the Affordable Care Act and rising health care costs in general. It also looks at best practices for purchasing stop-loss insurance and recent innovations." (Sibson Consulting)  

How to Achieve Higher CDHP Enrollment in 2016
"Enrollment in a CDHP does rise over time, but rather slowly.... average enrollment rose from 20% in 2012 to 29% in 2014.... [E]mployers that make a significant contribution to their employees' HSA accounts see significantly higher enrollments.... But robust employee communication may be nearly as powerful a driver." (Mercer/Signal)  

[Advert.]

Join us at the 2015 IHC FORUM & Expo in Atlanta June 23-25

6th Annual IHC FORUM & Expo Atlanta: part of the ONLY conference series 100% dedicated to HealthCare Consumerism. Employers and brokers gather under ONE roof to LEARN, CONNECT & SHARE! Promo code BENEFITSLINKVIP for FREE REGISTRATION – Expires 4/30/2015.

IRS Information Letter Offers Guidance on Classifying Vanpools
"[IRS information letter 2014-0004] highlights an issue that is not addressed in the rules for determining whether a vanpool is eligible for favorable tax treatment as a qualified transportation plan benefit. Who operates the vanpool can not only determine whether the 80/50 rule applies but also whether cash reimbursements are available ... so the employer may have to provide transit passes in lieu of cash reimbursements. While this letter does not provide definitive guidance, it suggests part of the answer." (Thomson Reuters / EBIA)  

Participant's Estate Fails to Show a Claim For Failure to Give Notice of Right to Continue Life Insurance Coverage
"[A federal district court] dismissed the claim by the estate of an ERISA group life insurance plan participant for a fiduciary's alleged failure to give timely notice of the right to continue the benefits after termination of the participant's employment.... The Court acknowledged that such a duty could still arise if the insurance policy itself required such notice.... However, the Estate had not alleged that the plan documents governing Moceri's life insurance coverage included such a requirement, and the Court itself could not find one upon its own inspection of the policy." [Estate of Moceri v. Ratner Companies, No. 2:14-cv-579-FtM-29CM (M.D. Fla. April 7, 2015)] (Williams Mullen)  

Premium Tax Credits and Federal Health Insurance Exchanges: Overview and Potential Implications of Legal Challenges (PDF)
24 pages. "Following the issuance of IRS regulations that allow for these credits to be available in both state and federally run exchanges, lawsuits were filed claiming that the language of ACA prohibits the credits from being available to individuals who obtain coverage in federally run exchanges. The Supreme Court is currently reviewing this issue in King v. Burwell.... This report provides background on provisions of ACA relevant to this issue. It then answers questions concerning the legal challenges and potential implications of the Court's decision in King." [CRS Report R43833] (Congressional Research Service [CRS])  

As King v. Burwell Decision Looms, Republican Senators Introduce Transition Plans
"Two Republican senators have introduced separate pieces of legislation, each of which is apparently aimed at demonstrating to the Court that 'this Congress' can solve the problems a ruling for the plaintiffs would cause. Another group of three Republican senators have sketched out another approach. These proposals seek neither to repeal nor to repeal and replace the ACA. Both would leave the vast majority of the provisions of the ACA in place. But each is intended to avoid a sudden end to premium tax credits for qualified health plan enrollees in federally facilitated exchange states and to make other immediate changes in the ACA." (Health Affairs)  

GAO Report: Potential Uses of Electronically Readable Cards for Medicare Beneficiaries and Providers
"GAO was asked to review the ways in which electronically readable cards could be used for Medicare. This report [1] evaluates the different functions and features of electronically readable cards, [2] examines the potential benefits and limitations associated with the use of electronically readable cards in Medicare, [3] examines the steps CMS and Medicare providers would need to take to implement and use electronically readable cards, and [4] describes the lessons learned from the implementation and use of electronically readable cards in other countries." (U.S. Government Accountability Office [GAO])  

Individual Mandate Penalty May Be Too Low to Attract Middle-Income Individuals to Enroll in Exchanges
"Monthly health insurance premium costs are significantly greater than the individual mandate penalty for many potential exchange consumers in both 2014 and 2015, even after accounting for tax credit subsidies. However, individuals with incomes at or around the federal poverty level (FPL), $11,670 in 2015, will save money by purchasing insurance as opposed to paying the fine. Some individuals earning up to 200 percent of [the FPL] will also save if they buy insurance, depending on their age and where they live." (Avalere Health)  

California Health Plan Adds Option for Payment of Premiums in Cash at Local Stores
"A report released before the implementation of Obamacare last year found that 27% of Americans and 19% of Californians who were uninsured and eligible for subsidies didn't have bank accounts.... With the new payment system, members pay no fees when they use cash to make a premium payment at a participating store. Instead, the health plan is charged a fee equivalent to a payment for a credit card transaction." (Los Angeles Times)  

[Guidance Overview]

FASB Proposals Address Plan Accounting
"The first proposal would designate contract value as the only required measure for fully benefit-responsive investment contracts.... The second proposal would require that participant-directed and nonparticipant-directed investments of employee benefit plans be grouped only by general type, eliminating the need to disaggregate the investments in multiple ways.... [The third proposal would allow] employers to measure defined benefit plan assets on a month-end date nearest to the employer's fiscal year end when the fiscal period does not coincide with a month end." (Journal of Accountancy)  

First Circuit Weighs Standard of Review In Suits for Executive Compensation Benefits
"In addition to weighing in on the standard of review circuit split, the First Circuit also clarified its 2013 ruling in Hannington v. Sun Life and Health Ins. Co.... which held that deferential judicial review applied to a disability insurer's interpretation of plan terms, while de novo judicial review applied to the administrator's interpretation of materials outside of the plan ... In the instant case, the court clarified that Hannington's de novo standard applied only to documents that created or altered legal obligations, and not to background information like e-mail correspondence between parties." [Niebauer v. Crane & Co., No. 14-2059 (1st Cir. Apr. 21, 2015] (Bloomberg BNA)  

Eight Things You Need to Know About Equity Compensation
"[1] It's an 'except when' set of rules.... [2] Accounting (compensation expense) really matters.... 3) [E]very country has its own set of tax, security, currency and other rules.... [4] Plan design cannot be done in a vacuum.... [5] Stock administration systems are far more limited than your imagination.... [6] Taxes are hard. Really hard.... [7] You should join, or at least follow, these organizations.... [8] It's still worth the effort." (Performensation)  

Analysis Shows Link Between Adverse Say-on-Pay and Director Votes
"Support for Say-on-Pay plans slipped to 80 percent from 83 percent in the prior mini-season. A notable exception was micro caps, which saw support for their Say-on-Pay plans climb to 80 percent from 71 percent in the 2013 mini-season. Among the report's highlights is an observation about the link between the results of director elections and Say-on-Pay votes." (Corporate Secretary)  

EdisonHealth Network’s ROI Estimator Validated by the Care Innovations Validation Institute
EdisonHealth Network LLC

Marsh & McLennan Agency Welcomes Kim Clark as Account Director
Marsh & McLennan Agency LLC – Michigan office

ACEBC Law Student Outreach
American College of Employee Benefits Counsel

ACEBC Writing Competition
American College of Employee Benefits Counsel

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