401(k)/Pension Administrator
Alliance Pension Consultants, LLC
in IL

ESOP Administrator
Blue Ridge ESOP Associates
in ANY STATE

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BlueStar Retirement Services
in ANY STATE, FL

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Growing Law Firm
in NY

Special Projects Plan Administrator
Qualified Plan Solutions LC
in KS

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AFC Pensions, Inc.
in MA

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Employee Benefits for Same-Sex Couples
July 16, 2015 WEBCAST
(Bloomberg BNA)

Taking Care with the DOL’s Re-Proposed Fiduciary Regulations
July 21, 2015 WEBCAST
(Bloomberg BNA)

Post - Windsor / Same-Sex Marriage Case Impact
July 23, 2015 WEBCAST
(ABA Joint Committee on Employee Benefits)

Hot Off The Presses: Recent Supreme Court Decisions
July 23, 2015 in NY
(Worldwide Employee Benefits Network [WEB] - New York Chapter)

ACA Reporting Requirements Part II and the Cadillac Tax
August 6, 2015 WEBCAST
(ABA Joint Committee on Employee Benefits)

2015 NAGDCA Annual Conference: Rev Up Your Retirement
September 27, 2015 in IN
(NAGDCA [National Association of Government Defined Contribution Administrators, Inc.])

View All Webcasts and Conferences

Supreme Court Will Determine Whether ERISA Preempts Vermont Reporting Requirement for Self-Funded Health Plans
"Vermont, like many other States, requires health care providers and health care payers to provide claims data and related information to the State's health care database. The law applies to all public and private entities that pay for health care services, including insurers, government programs, and third-party administrators. The State relies on the database to inform health care policy. The question presented is: Did the Second Circuit -- in a 2-1 panel decision that disregarded the considered opinion advanced by the United States as amicus -- err in holding that ERISA preempts Vermont's health care database law as applied to the third-party administrator for a self-funded ERISA plan." [Gobeille v. Liberty Mutual Ins. Co., No. 14-181 (cert. pet. granted June 29, 2015); excerpt above is from the petition for writ of certiorari.] (SCOTUSblog)  

[Advert.]

Private & Public Exchange Summit, July 15-16

Join Payer and Exchange executives in July for the 6th Annual Private and Public Exchange Summit. The Summit will explore approaches for health plans and exchanges to improve market share, encourage engagement, and reduce the cost trend.

Deferential Review Appropriate When Plan Incorporates SPD Containing Grant of Discretionary Authority
"The court explained that the plan's SPD -- which was included in the insurance certificate provided to participants -- granted discretionary authority to the insurer, and the insurance policy (considered by the court to be the plan document) stated that the certificate was integrated into the policy itself. According to the court, a reasonable participant would therefore have understood that the SPD was included as part of the policy." [Johnson v. United of Omaha Life Ins. Co., No. 13-2645 (8th Cir. Dec. 30, 2014)] (Thomson Reuters / EBIA)  

GOP Funding Bill Proposes Cuts to CMS, DOL
"[T]he U.S. House Appropriations Committee released its draft fiscal year 2016 Labor, Health and Human Services (LHHS) funding bill, which includes substantial cuts to [CMS] and the [DOL]. The bill also appears designed to block several key provisions of the ACA.... Specifically, the bill: [1] Prohibits all funding for Center for Consumer Information and Insurance Oversight (CCIO) programs; [2] Eliminates the Health & Human Services' Agency for Health Research on Quality; [3] Bans use of funds to: [a] Support patient centered outcomes research (rescinding $100 million in funding for the Patient Centered Outcomes Institute (PCORI)), [b] Implement, further, enforce or advance the Navigators program, or [c] Carry out Title X of PHS -- the National Family Planning Program." (HighRoads)  

New Accounting Rules Try to Spotlight Hidden Retiree Healthcare Debt
"This month the Governmental Accounting Standards Board applied new rules for reporting pension debt to retiree heath care. It's a broader look, shows year-to-year changes, and requires local governments in state systems to report their share of debt.... The first report of California state worker retiree health care debt, following the earlier GASB directive, was $47.8 billion in 2007. By last year the debt had grown to $72 billion, larger than the $50 billion debt or 'unfunded liability' for state worker pensions." (Calpensions)  

Ten Low-Cost Benefits to Build Employee Satisfaction
"Wellness efforts can encompass everything from in-office programs for exercise and weight-loss, to at-work flu shots, to subsidized memberships at a fitness facility.... [P]aid sick time alleviates employees' having to choose between recuperating from an illness and getting paid.... [E]mployee assistance programs can also reduce absenteeism by helping employees manage and access resources to address a range of personal issues.... [Consider] programs that enable employees to set aside pre-tax dollars to pay for certain IRS-allowed expenses such as commuting, or to contribute to retirement accounts on a pre-tax basis." (hr360)  

DOJ Girds for Strict Review of Any Health-Insurer Mergers
"Many of the mergers under discussion have the potential to raise antitrust concerns, a senior Justice Department official said, adding that health insurers considering such deals should do a careful antitrust risk-assessment of the transactions. Antitrust enforcers have had initial discussions about how they would approach any insurance tie-ups, and they are preparing for the possibility they could face multiple deals simultaneously, this official said." (The Wall Street Journal; subscription may be required)  

King v. Burwell: The Supreme Court as Interpreter
"The Court concluded that the issue in [King v. Burwell] was too fundamental to the ACA for the Court to rely on an implicit delegation of authority and that if Congress had wanted the IRS to decide this issue, it would have explicitly said so. Rather, the Court stated that it is 'our task' to determine the correct reading of the statute.... The Court's approach could have potential ramifications on Executive power/authority and on administrative law and challenges to administrative actions for years to come." (Alston & Bird LLP)  

Supreme Court Rejects Latest Challenge to ACA: What Are Employers' Obligations Going Forward?
"Employers should take this opportunity to review their plans for compliance with ACA requirements, including the following: Employer Mandate ... Information Reporting ... Cost-Sharing Limits ... Cadillac Tax ... Plan Design Decisions." (McDermott Will & Emery)  

Supreme Court Upholds ACA Tax Credits; Employers Must Continue to Play or Pay
"Employers should continue to identify and track full-time employees who must be offered coverage under ACA. Employers must continue to offer minimum essential coverage that is affordable and provides minimum value to substantially all their full-time employees ... and provide such coverage. Employers should continue preparing for required IRS information reporting applicable to employer-sponsored health coverage. Employers should continue preparing for the Cadillac Tax, including analyzing whether coverage changes will be required to avoid the Cadillac Tax when it becomes effective in 2018." (Bradley Arant Boult Cummings LLP)  

Fate of Domestic Partner Benefits in Question After Marriage Ruling
"[A] national right to marry calls into question the fate of domestic partner benefits. Though it is unclear what most employers will decide, some companies are likely to deliver what feels like an ultimatum, at least to some: Marry within a certain time frame, or lose your partner's health care coverage. Some large employers -- including Verizon, Delta Air Lines, IBM and Corning -- already have." (The New York Times; subscription may be required)  

Supreme Court Ruling May Impact Domestic Partner Coverage Under Group Health Plans
"[To] only offer domestic partner coverage to individuals of the same gender as opposed to all domestic partners (whether of the same or opposite gender) may trigger employment discrimination claims.... [E]mployers offering domestic partner group health coverage may need to open up the coverage to partners of both the same or opposite gender. On the other hand, because same-sex marriage will now be available in all 50 states and because of the adverse tax consequences associated with domestic partner health coverage (usually the value must be included in the employee's income), employers currently offering domestic partner coverage may want to consider discontinuing it." (Miller Johnson)  

Effect of the New York State Marriage Equality Act on Health Insurance Coverage
"On July 24, 2011, New York State began licensing same-sex marriages under the state's Marriage Equality Act ... This study investigated the association between legalizing same-sex marriage in New York and changes in health insurance coverage in men and women.... Compared with men in opposite-sex relationships, same-sex marriage was associated with a 6.3 percentage point increase in [employer-sponsored insurance (ESI)] ... for men in same-sex relationships ... Same-sex marriage was also associated with an 8.9 percentage point increase in ESI ... for women in same-sex relationships vs. women in opposite-sex relationships." (JAMA)  

Legal Challenges Remain for Health Law
"One of the more significant tests is a lawsuit filed by Speaker John A. Boehner and other House Republicans who contend that the Obama administration is spending billions of dollars without the necessary appropriations from Congress. The government is also trying to fend off dozens of lawsuits challenging rules that require health plans to offer women coverage for contraceptives without co-payments or deductibles. The suit filed by Mr. Boehner, in the name of the House of Representatives, is not just a bookkeeping dispute. It involves fundamental questions of executive power and Congress's power of the purse." (The New York Times; subscription may be required)  

SEC Announces Open Meeting on Proposed Clawback Requirements under Dodd-Frank Act
"How the SEC proposes to resolve various ambiguities, uncertainties and open questions under the language of the Dodd Frank Act rules ... remains to be seen, but in any event certainly will impact how public companies structure their incentive compensation recoupment policies and practices. Although many companies -- especially those in the Fortune 500 -- have adopted some form of an incentive compensation clawback policy, a significant number of companies have deferred the adoption, review and/or update of their incentive compensation clawback provisions and policies pending SEC guidance[.]" (Proskauer's ERISA Practice Center)  

Eighth Circuit: Plan's Deadline for Filing Suit Controls Litigation
"A plan that does not specify a deadline for filing a lawsuit risks application of state statutes of limitations, which, as seen [in this case], can be quite long. Establishing a plan-specific deadline allows the plan sponsor to impose an earlier deadline and provides uniformity for plan sponsors operating in multiple states. The limitations period should be stated in both the formal plan document and the SPD. And it is advisable to include it in notices of final adverse benefit determination -- otherwise, participants may argue that they were never informed of the deadline." [Munro-Kienstra v. Carpenters' Health and Welfare Trust Fund of St. Louis, No. 14-1655 (8th Cir. June 17, 2015)] (Thomson Reuters / EBIA)  

Sixth Circuit Rules Plan Terms Are 'Irrelevant' When Considering Equitable Claim
"The decision makes abundantly clear that the Sixth Circuit requires a plan sponsor to toe a very fine line, because it must simplify and summarize complex plan language in an SPD, but it can be strictly liable if its summary fails to include any term that a court later decides was material to a subsequent dispute ... Any provision in a Plan could be material to some benefit dispute that arises in the future." [Pearce v. Chrysler Group, LLC Pension Plan, No. 13-2374 (6th Cir. June 18, 2015; unpub.)] (Begos Brown & Green LLP)  

High Court Decides Same-Sex Marriage Issue (PDF)
"Public sector employers, such as state and local governments, will be required to recognize same-sex spouses and treat them the same as opposite-sex spouses if spousal benefits are offered. Private employers will not be required to recognize same-sex spouses, nor provide equal treatment, but could face litigation alleging sex discrimination.... [To] the extent state insurance law requires coverage of same-sex spouses when spousal coverage is offered, a plan will not be able to purchase insured coverage that excludes same-sex spouses.... For public sector employers, the ruling will require that plans extend to same-sex spouses the same spousal protection under their retirement plans as they extend to opposite sex spouses." (Buck Consultants at Xerox)  

Marriage with a Capital 'M': What Employers Need to Know About the Supreme Court's Decision in Obergefell v. Hodges
"Employers navigating this issue should undertake a review of their policies and benefits plans and make sure they are treating all married couples equally. This is true with regard to not only leave policies and non-discrimination provisions, but also benefit plans, retirement plans, and other benefits offered to spouses of employees. Past practices of, for example, requiring differing forms of proof of marriage, depending upon whether the marriage involved same- or opposite-sex couples, likely no longer will be permissible following Obergefell." [Obergefell v. Hodges, No. 14-556 (U.S. June 26, 2015)] (Littler)  

Financial Planning for LGBT Couples After U.S. v. Windsor and Obergefell v. Hodges (PDF)
12 pages; includes checklist. "As a result of these new rulings, employee benefits and financial planning strategies once available only to opposite-sex married couples are now available to same-sex married couples. This paper highlights several of the changes that have taken place, including changes to Social Security eligibility, and details how same-sex couples may wish to incorporate them into their financial planning." (Prudential)  

EY ACA COMPASS Technology Platform Wins Gold in 2015 American Business Awards
Ernst & Young, LLP

MCG Announces Janet Stebbins As Compliance Consultant
Marsh Consulting Group [MCG]

John Hancock Retirement Plan Services (JHRPS) Makes LPL Financial's Employee Advice Solution Available to Mutual Plan Sponsor Clients
John Hancock Retirement Plan Services

TMI CPA, P.C. Joins Audit Quality Center for Employee Benefit Plan ERISA Audits
TMI CPA, P.C.

NAGDCA Announces 2015 Leadership Recognition Award Recipients
NAGDCA [National Association of Government Defined Contribution Administrators, Inc.]

Transamerica Announces New Retirement Plan Distribution Partnership with Edward Jones
Transamerica

Introducing Sarah Bernard, Pop Culture Diva, To Help Answer Your Retirement Savings Questions
MassMutual

Flex Releases FSA, HSA, HRA Report, Identifies ACA Impacts for Employers
Flexible Benefit Service Corporation [Flex]

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