Retirement Plan Compliance Analyst QKA
Newport Group
in AL, AZ, CA, FL, IA, IL, IN, KS, MA, MN, NC, NY, OH, TX, VA, WA, WI, Telecommute

DC Plan Administrator
San Diego Pension Consultants
in CA

Defined Benefit Plan Administrator
San Diego Pension Consultants
in CA

Retirement Operations Support Supervisor
Alerus Financial
in MN

Retirement Account Analyst
Alerus Financial
in MN

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2018 Employee Benefits Preview: What to Do Now and What to Expect
March 8, 2018 WEBCAST
Quarles & Brady LLP

Health Care Management: Strategies, Technologies, and Trends
March 22, 2018 in OH
Worldwide Employee Benefits Network [WEB] - Cleveland Chapter

Smoking Discrimination in the Workplace: On and Off the Clock
April 11, 2018 WEBCAST
Lorman Education Services

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[Guidance Overview]

Federal Tax Reform Adds Tax Credit for Paid FMLA Leave
"The paid FMLA leave terms must be provided to employees in a written policy. An employer may decline this credit and instead deduct the amount of paid leave. The employer may not deduct any wages for which it instead claims the credit; it must elect one or the other. This tax credit will only available in 2018 and 2019 unless Congress extends it."
Poyner Spruill LLP

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The New CEBS.

The new Certified Employee Benefit Specialist® (CEBS®) program has arrived. The curriculum is focused and dynamic. The delivery is engaging. And where you want to go? You're going to get there faster. Learn more.

Supreme Court Once Again Finds Retiree Health Benefits Are Not Vested
"The Court reiterated that CBAs must be interpreted through 'ordinary principles of contract law' and firmly rejected the Sixth Circuit's holding that courts can consult extrinsic evidence to determine whether retiree health benefits are vested for life. The Court rejected the pro-vesting inference -- namely that the CBA's alleged 'silence' on the duration of health care benefits showed that the labor contract was ambiguous, and therefore needed to be interpreted by reference to facts existing outside the written contract." [CNH Industrial N.V. v. Reese, No. 17-515 (U.S. Feb. 20, 2018, per curiam)]
Ogletree Deakins

State Law Privacy Lawsuit Preempted by ERISA
"There was no allegation that the information Liberty Life received ... was disclosed to anyone outside the administrative review process, the defendants noted.... [Defendants cited a Fourth Circuit opinion which stated] that if the administrator had obtained her medical information 'in the course of processing a benefits claim or in the course of performing any of its administrative duties under the plan,' the claim for invasion of privacy would be related to the ERISA plan and would be preempted.... [T]he district court found this reasoning persuasive[.]" [Addington v. Senior Vice President -- Human Resources, Consol Energy Inc., No. 17-444 (W.D. Pa. Nov. 28, 2017 magistrate's report; adopted Dec. 13, 2017)]
HR Daily Advisor

Streamlining the Benefits Technology Selection Process: Presenting Your Business Case
"Depending on the size and structure of your organization, you may have to convince multiple stakeholders of the value an enterprise benefits technology platform will bring. Whether it's the head of finance, a leader on the IT team or even peers within your own HR and benefits department, you have to present a strong business case. So, what's key to getting them to see the opportunity you have?"
Benefitfocus

Are High-Deductible Health Plans and HSAs Dead in the Water?
"If you don't have those data transparency tools to make those decision when you have a high deductible health plan, you can get caught in a situation where the exact same test or service [vary widely in price]. I think that's one of the areas that unless the plan members are empowered to have that information to make those decisions, it's kind of putting a Band-Aid on the situation."
Employee Benefit Adviser

[Advert.]

ACA Reporting Requirements and Lessons Learned

March 5 webinar. Despite the uncertainty of the ACA's future it remains the law of the land. This webinar covers lessons learned from the past two years and identifies focus areas to prevent problems next year. CE credits. Discount for BenefitsLink readers.

The Magic Ingredients for Workplace Wellness Program Success
"57% of organizations experiencing a positive impact on health care costs involve organizational leadership in their programs, and 54% have organizational leadership communicate wellness information to employees.... 53% of organizations experiencing a positive impact on health screening data have organizational leadership communicate support for wellness efforts to staff compared with only 36% of program sponsors with less successful programs."
International Foundation of Employee Benefit Plans [IFEBP]

Apple to Launch Health Clinics for Its Employees
"Apple quietly this week unveiled its intent to set up a network of health clinics for employees and their families at the tech company's Cupertino, Calif., headquarters. The company published a website ... with some detail about its initiative and a careers page listing positions it's looking to fill, including primary care doctor, exercise coach, care navigator and a phlebotomist to administer on-site lab tests."
Employee Benefit News

How to Calculate the Paid-Leave Tax Credit
"[E]mployers that voluntarily offer qualifying employees up to 12 weeks of paid family and medical leave annually under a written policy may claim a tax credit for a portion of the wages paid during leave.... Follow these four steps to determine if your company can take advantage of the paid family and medical leave tax credit. No employer is too big or too small to receive this tax credit -- employers of all sizes are eligible."
Society for Human Resource Management [SHRM]

Medicare Secondary Payer Compliance: Non-Group Health Plans (NGHPs)
"The most recent NGHP policy guidance covers several forms of liability insurance (including self-insurance), no-fault insurance, and workers compensation in several states of existence and decay, such as NGHPs that are in bankruptcy, those that are acquired by larger entities, those that are in the liquidation process, and those that are general self-insurance pools.... There is no blanket requirement that all NGHPs register with Medicare, but those that have reportable information must register at least a quarter before submitting a report."
Health Law Advisor, Epstein Becker Green

Localities Want to Make Retiree Bills More Affordable, So Why Won't States Let Them?
"Michigan's local governments had put together a meaningful proposal last year to reform other post-employment benefits (OPEB) ... [L]ocalities were asking lawmakers to let them make the hard decisions to pare back health-care costs and bring them in line with the private-sector market.... In December, the legislature declined localities' request for more leeway."
Governing

March and April 2018 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans
"The filing and notice deadline table ... provides key filing and notice deadlines common to calendar year plans for the next two months. If the due date falls on a Saturday, Sunday, or legal holiday, the due date is generally delayed until the next business day."
King & Spalding

[Guidance Overview]

New Section 83(i) Election for Employee Stock Options and Restricted Stock Units
"The corporation must have a written incentive plan in place that grants stock options or RSUs to at least 80% of its full-time U.S. employees. The stock option or RSU award must be in exchange for the employee's services and not subject to buy back by the corporation. The corporation must provide notice to their eligible employees about the right to make the 83(i) Election as well as the tax impact of making such election."
Morris, Manning, & Martin, LLP

[Guidance Overview]

Impact of Tax Reform on Executive Compensation and Employee Benefits (PDF)
16 presentation slides. Topics include: [1] Key changes under Tax Cuts and Jobs Act; [2] Transition rule under Tax Cuts and Jobs Act; [3] Original transition rule and interpretation; [4] 'Negative discretion' under bonus plans; [5] Material modification; [6] Nonqualified Deferred Compensation (NQDC); and [7] Potential changes to incentive compensation practices.
McDermott Will & Emery

One-Year Minimum Vesting for Equity Awards and the 'Directors Compensation Year'
"ISS is 'requiring' that equity incentive plans provide a one-year minimum vesting period for all awards. The plan's language must preclude the possibility of awards vesting prior to one-year from the grant date.... ISS allows that the approximately 12-month period between regular annual shareholders meetings will satisfy its requirement, even if slightly less than 365 days."
Winston & Strawn LLP

Bonus Payment: Can Board Have Option to Allow Payment Even If Participant Not Entitled to It?
Can a bonus plan can provide for both [1] payment of X amount if person employed on Y date, and otherwise if you're not employed on Y date, you don't get paid regardless of the reason for the earlier termination of employment (e.g. no payment even if termination prior to Y date was because of death, disability, etc.), AND [2] Board "may elect, in its sole discretion" (presumably as of date Y) to pay one or more participants who are not employees on Y date such that the participant, even though not employed on date Y, still gets the payment?
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Press Releases

Capturing Medical Stop-Loss Savings with ShareCap
The Alliance

American College of Employee Benefits Counsel and Catholic University of America, Columbus School of Law Announce Drexel University Wins Inaugural Ellen A. (Nell) Hennessy Employee Benefits Moot Court Competition
American College of Employee Benefits Counsel

Financial Soundings Solution Supports In-Plan Retirement
PLANSPONSOR

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