Health & Welfare Plans Newsletter

July 17, 2017

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Employee Benefits Jobs

Defined Contribution Associate
CBIZ - Savitz
in PA

Pension Analyst
United Food & Commercial Workers Union Local 919
in CT

Daily Recordkeeping Manager
Recordkeeping Firm in Phoenix, AZ
in AZ

Business Controls Leader
University of California Office of the President
in CA

Accountant, Employee Benefits
YMCA of the USA
in IL

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Webcasts and Conferences

Industry Outlook: Emerging Trends in Consumer Driven Health Care
RECORDED
ConnectYourCare

Required Minimum Distributions Training
July 26, 2017 WEBCAST
Wolters Kluwer

Health Benefits Laws Compliance Assistance Seminar
August 9, 2017 in MN
Employee Benefits Security Administration [EBSA], U.S. Department of Labor

ESOP Companies and ESOP Fiduciaries: Standard of Fiduciary Duties, Pleadings Requirements, and Asset Sales
August 23, 2017 WEBCAST
Strafford

Fall ESOP Forum
October 3, 2017 in FL
National Center for Employee Ownership [NCEO]

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Discussions

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[Guidance Overview]

New York Employers: Get Ready for Mandatory Paid Family Leave
"Effective January 1, 2018, employers that provide Disability Benefits Law coverage to New York-based employees will also be required to provide Paid Family Leave coverage.... The PFL will be phased in over the next four years, with the duration and amount of the paid leave benefit increasing each year ... What employers need to know right now: Does the new law apply to my company?.... Are all employees eligible for this leave? ... Who pays for PFL benefits? ... When should I begin collecting deductions?"
Blank Rome LLP

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[Guidance Overview]

Employer Considerations in Light of Arizona's New Paid Sick Time Law
"[1] Counting employees to determine employer size.... [2] Year one prorating accrual and use.... [3] PST use increments.... [4] Designating leave as PST without employee's request.... [5] PST use cannot count towards attendance policy.... [6] Reporting requirements -- paychecks.... [7] Carryover versus payout at year end.... [8] Calculating hourly rate for PST payout.... [9] Using a general PTO policy to comply with the PST law.... [10] Multistate employers."
Littler

No CBO Health Score Monday as McConnell Delays Healthcare Vote
"The Congressional Budget Office won't release a score on the revised Republican health care bill on Monday, ... as consideration of the controversial measure is delayed by a medical scare for one of its potential Senate backers. Majority Leader Mitch McConnell said late Saturday that he's postponing plans to begin Senate debate in the next few days after Republican Senator John McCain said he'll be home in Arizona recovering from unexpected surgery."
Bloomberg

Senate's Updated Healthcare Proposal Changes Provisions Affecting Employers
"This alert highlights the provisions of the revised BCRA that will have a direct impact on employers and specifically addresses the areas where the new draft differs from the original draft of the BCRA and the AHCA.... Repeal of individual and employer mandates ... Health Savings Accounts ... Essential Health Benefits ... Delay of 'Cadillac Tax' ... Health Flexible Spending Accounts ... Medicare Part D subsidy ... Provisions affecting small businesses ... Medicare surtax left in place ... Insurance provider remuneration limit remains in place."
Holland & Knight

What Lawmakers Need to Know About Employer Health Coverage
"[A recent survey] asked whether employers supported or opposed specific existing provisions in the ACA and in proposed replacement plans. The five provisions garnering the most opposition were ... [1] Cadillac tax; [2] Premiums based on medical experience ... [3] Raising the ACA cap on higher premiums for older policyholders from 3:1 to 5:1; [4] Limits on flexible spending accounts; [5] Ban on annual benefit.... [P]rovisions with the most support were: [1] Maintaining the tax exclusion for employer-sponsored health insurance for both employers and employees; [2] Expanded use/flexibility for HSAs; [3] Wellness incentives (to the level permitted in the ACA); [4] Ban on pre-existing condition limitations; [5] No cost-sharing for preventive care."
Mercer

[Advert.]

Join ECFC in KC for the CDH Education Event of the Summer

Sponsored by ECFC [Employers Council on Flexible Compensation]

Symposium is THE premier networking and professional development event for employers, plan sponsors, TPAs and other service providers in the CDH space, and is your annual opportunity for practical advice, technical education, and Congressional and regulatory updates from industry leaders.


Medical Claims Spending Requirement Not Cutting Premiums
"Prior to the ACA requirement, insurers were less afraid to be more competitive some years because 'they knew if they made a mistake they could take a rate increase the next year, to maybe offset losses and replenish their surplus,' [Maryland Insurance Commissioner Al Redmer Jr.] said. But with the MLR, 'if a carrier loses a lot of money in one year they can't make it up in the next year.' As a result, particularly in the small group market, carriers are less likely to be more competitive, Redmer said."
Bloomberg BNA

Risk Pooling: How Health Insurance in the Individual Market Works (PDF)
"What is risk pooling? ... What is 'adverse selection'? ... Why is adverse selection a problem? ... Why do premiums depend on who buys coverage? ... How does risk pooling currently work in the individual market? ... How does the ACA protect against adverse selection? ... What if more flexibility were allowed in the ACA market rules? ... What if some plans were allowed to avoid ACA rules altogether?"
American Academy of Actuaries

[Opinion]

The Fundamental Error in the CBO's Healthcare Projections
"In the coming days, the Congressional Budget Office will release an updated analysis of the Senate bill to repeal and replace Obamacare. The CBO will likely predict lower health insurance coverage rates if the bill becomes law. The American people and Congress should give this prediction little weight in assessing the bill's merit. The reason: The CBO's methodology, which favors mandates over choice and competition, is fundamentally flawed. As a result, its past predictions regarding health-care legislation have not borne much resemblance to reality. Its prediction about the Senate bill is unlikely to fare much better."
Marc Short and Brian Blase, in The Washington Post; subscription may be required

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Executive Compensation
and Nonqualified Plans

Executive Compensation: A Survey of Theory and Evidence
"[The authors] discuss evidence on the effects of executive pay, highlighting recent identification strategies, and suggest policy implications grounded in theoretical and empirical research. [This research] has two main goals.... [1] [T]ightly link the theoretical literature to the empirical evidence, and combine the insights contributed by all three views on the drivers of pay.... [2] [P]rovide a user-friendly guide to executive compensation, presenting shareholder value theories using a simple unifying model, and discussing the challenges and methodological issues with empirical research."
National Bureau of Economic Research [NBER]

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Lois Baker, J.D., President  loisbaker@benefitslink.com
David Rhett Baker, J.D., Editor and Publisher  davebaker@benefitslink.com
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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2017 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 those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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