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Guardian Life Insurance Company of America
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Ascensus
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HNI Risk Services
in WI

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Dixon Hughes Goodman, LLP
in VA

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Nicholas Pension Consultants
in CA

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Why Maintaining the IPS is the Most Important Duty a Fiduciary Performs
RECORDED
(fi360)

Mid-Year Election Changes: Cafeteria Plan Tips & Traps
May 21, 2015 WEBCAST
(Hill, Chesson & Woody)

Employee Benefits Ready: Benefit Planning Considerations
May 27, 2015 in NC
(Hill, Chesson & Woody)

Form 5500 for Welfare Plans [2015] - A Two-Part Program
June 4, 2015 WEBCAST
(SunGard Relius)

Form 5500 for 403(b) Plans [2015] - A Two-Part Program
June 18, 2015 WEBCAST
(SunGard Relius)

View All Webcasts and Conferences

[Guidance Overview]

HHS Guidance Reinforces Application of Self-Only Cost-Sharing Limitation to Family HDHP
"Issuance of this FAQ guidance seems to reinforce HHS's position, but some have questioned whether this interpretation applies to all plans -- or only to fully insured plans intended to be offered as qualified health plans (QHPs) in the individual or small group market. Support for narrower application arguably may be found in the structure of the guidance (which begins by explaining how the embedded limit is reflected in the application for QHPs), as well as its language (which appears to focus on 'issuer' compliance more than the March FAQ), combined with removal of the March FAQ from the HHS website." (Thomson Reuters / EBIA)  

[Advert.]

Opt-Out Incentives and Other Cost Cutting Measures for Health Plans

Employers have toggled deductibles and co-payments, and they have implemented wellness programs and consumer driven health care programs. But what if you gave employees with access to other coverage money to opt out of your coverage? BenefitsLink discount.

Federal District Court Calls Out Insufficient COBRA Election Packet
"The court found that the actions taken by the employer's personnel to prepare and mail the notice were sufficient to meet COBRA's notice delivery requirements but determined that the content of the notice was deficient. The court observed that the employer's notice completely omitted 9 of 14 required categories of information. The court also pointed out that the notice directed the employee to follow the instructions on the next page to complete the enclosed election form, but the instruction page was not actually included." [Griffin v. Neptune Tech. Grp., No. 2:14cv16-MHT (M.D. Ala. 2015)] (Thomson Reuters / EBIA)  

EEOC Proposed Rules on Wellness Incentives Welcomed After Prior Enforcement Actions
"Despite the uncertainty that exists between the HIPAA and ADA rules, employers continued to add incentives in 2014 to encourage participation in health-related programs -- or even to reward employees for meeting their health goals. But the practical implications of the EEOC proposal that limits incentives to 30% may be minimal. Most employers use incentives that are well below the maximum, and very few employers intend to increase incentives to the maximum." (Mercer/Signal)  

Make the Shift Now to More Strategic Health Communication
"Employers can use 2015 and 2016 to remind employees about the value of their health benefits package in combination with health management programs. Promotion and marketing efforts should emphasize the comprehensive nature of an employer's offerings, broaden the focus beyond annual enrollment, highlight a culture of health or corporate caring, and adopt a longer-term view of health plan and financial management.... It is a chance to refresh the white board with more meaningful communication about the purpose, value, and objectives of employer-provided health benefits amid a transformation in the health care industry." (Mercer/Signal)  

Who Is Responsible for Mistakes by Service Providers?
"The [Sixth Circuit Court of Appeals] concluded that the ERISA statutory penalty could not be assessed against United because it applies only to the 'Plan Administrator,' not just any service provider.... This case reflects the real world in that the plan sponsor is almost always the 'Plan Administrator' with ultimate responsibility for plan operations. It follows that plan sponsors, as fiduciaries, could be saddled with liability for the conduct of non-fiduciary plan service providers." [Butler v. United Healthcare of Tennessee, No. 13-6446 (6th Cir. Aug. 22, 2014)] (The Retirement Plan Blog)  

BlueCross Requests 36% Premium Hike for 2016 Plans in Tennessee
"BlueCross BlueShield of Tennessee has filed to increase its health insurance premiums for 2016 individual plans by 36 percent, on top of a 19 percent increase approved last year. Peers Humana and Cigna are also requesting increases for their individual plans -- 15.8 percent and 0.4 percent, respectively.... [As] insurers look toward the third enrollment period, which will begin this fall, many expect a year's worth of claims data will more closely align premiums with their costs." (Nashville Post)  

The Road to Healthcare Benefit Taxation
"If PPACA's Cadillac Tax remains in place as it is currently written, this [graphic provides a] snapshot of how it will eventually tax more and more of your health plan over time." (Milliman, via Benefit Revolution)  

[Opinion]

ERIC Urges IRS to Consider Impact to Employers and Employees When Addressing the 'Cadillac Tax'
"ERIC ... recommends that the IRS and Treasury: [1] Provide a two-year transition period ... [2] Narrow the definition of the types of health benefits that are subject to the tax ... [3] Create a safe harbor that treats plans fairly across the country and does not penalize plans with a large number of older workers or who ... live in a region of the country with high medical costs." (The ERISA Industry Committee [ERIC])  

[Opinion]

U.S. Chamber of Commerce Comments to IRS on Section 4980I: Excise Tax on High Cost Employer-Sponsored Health Coverage (Notice 2015-16) (PDF)
"We urge Treasury and the IRS to carefully promulgate rules that only impose the tax on the plans that Congress intended -- the excessively generous group health plans -- and not group health plans that merely provide the minimum required level of coverage.... [As] the law was being enacted, an analysis by the Joint Committee on Taxation estimated that only a small subset of plans would be affected by the tax. Instead, roughly 30 percent of all employers will be subject to the tax in 2018 and between 50-60 percent will be hit in 2022." (U.S. Chamber of Commerce)  

[Opinion]

Business Roundtable Comment Letter to IRS on Excise Tax on High Cost Employer-Sponsored Health Coverage
"We strongly believe that the impact of this tax will have broader implications than first anticipated by the Joint Tax Committee (JTC) and have been provided information that as many as 25 percent of employers' plans may be subject to the tax.... [T]he regulatory structure must acknowledge three variables that restrict employers' ability to avoid the tax. First, there are certain mandatory benefit offerings in the law that cannot be avoided. Second, there are geographic and age variations in various employer plans that make avoidance more difficult. Third, employers use and value the flexibility allowed under ERISA to design, offer and administer unique plans to their employee population." (Business Roundtable [BRT])  

[Guidance Overview]

Correction of 409A Failure in Year of Vesting Does Not Work: Time to Consider IRS Correction Programs
"If deferred compensation that violates Section 409A vests in 2015 but the vesting date has not occurred ... the IRS correction program immediately should be considered -- otherwise, there is a substantial risk that the IRS would consider the 'fix' to be invalid. Immediate action is particularly important for severance payments scheduled to be made pursuant to the terms of an existing employment agreement, where the terms of such agreement violate Section 409A.... For 2016, reviewing documents ... now for Section 409A compliance is imperative -- it may be possible to correct certain Section 409A violations in 2015, without going through the applicable IRS correction program, and avoid the adverse tax consequences altogether." (Chiesa Shahinian & Giantomasi PC)  

Proxy Season Update, Part 1: Compensation Trends
"Performance-based pay went over the 50 percent mark as a portion of total CEO compensation two years ago; in 2015, the trend continues, with performance pay comprising about 55 percent of total compensation. More companies are also using long-term performance awards, generally in the form of equity awards. The number of companies using this type of pay instrument rose to 80 percent so far this year, up from 73 percent last year. TSR remains the top performance metric used for long-term performance awards, with 58 percent of companies using TSR, up from 51 percent last year." (Institutional Shareholder Services [ISS])  

AFL-CIO's 'Executive Paywatch' Website Demonstrates How Pay Ratio Would Be Used in Organizing Efforts
"This week, the AFL-CIO launched its annual Executive PayWatch website, with much of it focused on shaming and bolstering union organizing efforts at a large, well-known retailer, thus providing a tailor-made example of how the pay ratio will be used if and when it is finalized. The 2015 site notes that the CEO-to-average employee pay ratio increased 12 percent in 2014 to 373-to-1." (HR Policy Association)  

Federal District Court Finds SPD Posted on Company Intranet Was Not 'Delivered' to Employees
"A federal court has found that merely posting a summary plan description (SPD) on a company intranet did not satisfy the electronic disclosure rules under ERISA.... The Court noted that 'the regulations relating to the disclosure of SPDs through electronic means require the SPD be 'furnished,' not simply made available.' [Thomas v. CIGNA Group Ins., No. 09-CV-5029 (E.D.N.Y. Mar. 2, 2015)] (The Wagner Law Group)  

Third Circuit: Catalyst Theory of Recovery Applies to ERISA Fee Award
"The Third Circuit agreed that the catalyst theory applied, but ... held that all that was necessary was that litigation activity pressed Defendants to settle or give Plaintiffs the requested relief. It explained that the victory must be voluntary, non-trivial, and more than a procedural victory that is apparent to the court without the need to conduct a lengthy inquiry into whether that success was substantial or occurred on a central issue." [Templin v. Independence Blue Cross, No. 13-4493 (3d Cir. May 8, 2015)] (Proskauer's ERISA Practice Center)  

Trucker Huss Benefits Report, May 2015 (PDF)
Articles include: [1] DOL proposed fiduciary rule: a significant second take; [2] Plan sponsors gear up for required ACA reporting of coverage; and [3] New final ACA rules regarding limited wraparound coverage as an excepted benefit. (Trucker Huss)  

Cedar Brook Financial Partners’ Howard Slater, MBA, MSFS, ChFC, CLU, Completes Another Year of Teaching Financial Literacy to Teens
Cedar Brook Financial Partners

Only 37% of Wellness Plans Have Smoking Cessation Programs, HealthMine Survey Finds
HealthMine

Dennis Herber Named VP, Business Development Officer
Heartland Financial USA, Inc.

MassMutual Names Elizabeth Ward Chief Actuary
MassMutual

Tyrone P. Thomas Elevated to Member of Mintz Levin
Mintz Levin

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