Health & Welfare Plans Newsletter

June 9, 2016

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Preferred Pension Planning Corporation
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Webcasts and Conferences

EPCRS Review with Adam Pozek
June 15, 2016 in MO
(ASPPA Benefits Council [ABC] of Gateway St. Louis)

Wellness Game: EEOC Has Upped the Ante, Are You In?
June 28, 2016 WEBCAST
(Seyfarth Shaw LLP)

When ERISA Meets Private Equity: What Advisors to Plans, Funds and Investors Should Consider before Closing the Deal
July 14, 2016 WEBCAST
(ABA Joint Committee on Employee Benefits [JCEB])

Unique Fringe Benefits to Engage Employees
July 27, 2016 WEBCAST
(Lorman Education Services)

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Final ADA and GINA Regulations Require Wellness Program Changes
"[If] a wellness program is not tied to a health plan or is connected to a health plan but is participation-based (for example, only asks an employee to complete an HRA to receive the incentive) the HIPAA/ACA wellness program rules do not apply. On the other hand, the ADA and GINA regulations apply to all wellness programs regardless of whether they are connected to a health plan. However, the ADA and GINA regulations only focus on wellness programs (including participation-based programs) which ask for health/genetic information (for example, through an HRA, biometric screen or other medical exam)." (Miller Johnson)  


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Three Ways to Boost HSA Participation for Millennials
"Millennials are notorious multi-taskers with many competing priorities, including the challenge of paying off student loan debt, and HSA contributions may simply not be top-of-mind for many of them. But with the right communication approach, you can bring the value of the HSA to the forefront, at least long enough for them to make a thoughtful decision on their contribution levels. The key is to speak in a language and manner they understand, targeting your communication to the millennial audience through multiple channels with personalized messages that will resonate and drive action." (Benefitfocus)  

Goldman Sachs Says Obamacare Forcing Hundreds of Thousands Into Part-Time Work
"Goldman Sachs' analysis is the latest conduct on the contentious topic of the healthcare law and part-time work, and its findings largely back up what other studies have revealed ... The bank weighed in on the question after involuntary part-time work rose sharply in recent months." (Washington Examiner)  

Employer Costs for Employee Compensation, March 2016
"The average cost for health insurance benefits was $2.44 per hour worked in private industry (7.6 percent of total compensation) in March 2016.... Health insurance benefit costs increased, with establishment size, by average hourly dollar amount and as a proportion of total compensation. Establishments with fewer than 50 workers averaged $1.61 per hour worked (6.0 percent of total compensation); those with 50-99 workers averaged $2.06 (7.3 percent); those with 100-499 employees averaged $2.72 (8.3 percent); and those with 500 or more employees averaged $4.27 (9.1 percent)." (U.S. Bureau of Labor Statistics [BLS])  

Obamacare Slightly Increased Short-Term Uninsured
"About 70 percent of residents, age 18 to through 64, had 'health insurance' in 2015, which is the same rate as persisted until 2006. Obamacare has not achieved a breakthrough in coverage. It has just restored us to where we were less than a decade ago. What has also happened is a significant change from private coverage to government welfare (primarily Medicaid). The shift has been about five percentage points since 2006, and ten percentage points since 1997." (National Center for Policy Analysis Health Policy Blog)  


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HHS Announces Plans to Curtail Consumers' Use of Short-Term Insurance Policies
"[HHS] said these changes were necessary both to ensure that consumers have 'meaningful health coverage' and that the short-term plans would not siphon away healthy people from other insurance plans that comply with the ACA. An exodus of healthy people could lead to increasing premiums for the remaining people in plans sold on healthcare.gov and on state marketplaces." (Kaiser Health News)  

Hoping to Improve ACA Risk Pools, HHS Proposes Way to Curb Use of Short-Term Plans
"Insurers aren't obligated to cover all the benefits that are required under the [ACA] for short-term insurance plans, but loopholes allow some people to stay on them for longer periods of time than intended, and that can mean they're not part of the exchange risk pools. Officials want more healthy individuals to purchase insurance on the exchanges to help drive down the risk pools and keep costs low." (Morning Consult)  

Executive Compensation and Nonqualified Plans

[Official Guidance]

Text of Agency Proposed Regs: Incentive-Based Compensation Arrangements
698 pages. "Section 956 of the Dodd-Frank Act requires that the Agencies prohibit any types of incentive-based compensation arrangements, or any feature of any such arrangements, that the Agencies determine encourage inappropriate risks by a covered financial institution: [1] by providing an executive officer, employee, director, or principal shareholder of the covered financial institution with excessive compensation, fees, or benefits; or [2] that could lead to material financial loss to the covered financial institution....

"The first part of this Supplementary Information section provides background information on the proposed rule, including a summary of the 2011 Proposed Rule and areas in which the proposed rule differs from the 2011 Proposed Rule. The second part contains a section-by-section description of the proposed rule.

"To help explain how the requirements of the proposed rule would work in practice, the Appendix to this Supplementary Information section sets out an example of an incentive-based compensation arrangement for a hypothetical senior executive officer at a hypothetical large banking organization and an example of how a forfeiture and downward adjustment review might be conducted for a senior manager at a hypothetical large banking organization."

(Federal Deposit Insurance Corporation [FDIC]; Securities and Exchange Commission [SEC]; Federal Reserve System; National Credit Union Administration; Federal Housing Finance Agency; and Comptroller of the Currency)  

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2016 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.

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