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Employer Defeats COBRA Claims of Employee Offered Subsidized Coverage in Severance Agreement
"Explaining that employers are not required to ensure that COBRA notices are actually received, the court concluded that the employer and benefits administrator had provided undisputed evidence that they had mailed two COBRA election notices to an address the employee had confirmed was correct, and that the employee had not elected COBRA coverage. A dispute remained, however, as to whether the premium deductions constituted a waiver of the severance agreement's COBRA election requirement, so the court allowed that claim to proceed." [Thorson v. Aviall Servs., Inc., No. 15-571 (N.D. Tex. Mar. 22, 2018)]
Thomson Reuters / EBIA
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Notifying Health Plan Participants of a Plan Change
"Curious about when you should notify a participant about a change to their health care plan? The answer is that it depends! Notification must happen within one of three time frames: 60 days prior to the change, no later than 60 days after the change, or within 210 days after the end of the plan year."
United Benefit Advisors
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California Leads Nation in Pushing Back Against Trump Administration Health Policies
"In the nation's most populous state, lawmakers and other policymakers ... are fighting to expand health coverage with a series of steps they hope will culminate in universal coverage for all Californians -- regardless of immigration status and despite potentially monumental price tags.... While other states are making efforts to preserve the ACA and expand coverage, California stands out by virtue of its ambition and size, economic clout, massive immigrant population and liberal bent."
Kaiser Health News
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California Proposed Legislation Would Regulate Health Care Rates for Payors and Providers
"The key concept in the Proposed Legislation is the establishment of an independent commission with the authority to set the rates paid for health care services in most commercial contexts.... [K]ey aspects of the bill in its current form: [1] Creates a 9-member Independent Rate-Setting Commission.... [2] The independent commission would set rates for both health care providers and payors.... [3] Anyone 'affiliated' with a health care provider or health care payor would not be allowed to serve on the commission.... [4] Federal health care programs are not subject to regulation.... [5] The independent commission must set a 'global cap'."
Foley & Lardner LLP
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Benefits in General
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Paying for Parental Leave with Future Social Security Benefits
"A recent proposal would allow new parents to trade future Social Security benefits for a few months of paid leave. Projections ... show that providing a progressive, 12-week leave benefit averaging about half pay ... would require raising the Social Security full retirement age for leave program participants about 25 weeks. This increase would permanently reduce participants' monthly Social Security retirement benefits about 3 percent. The proposed program would raise Social Security's annual costs, net of benefit offsets, about 1 percent, worsening the program's financing shortfall."
Urban Institute
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Retirement and Health Plan Provisions in the Bipartisan Budget Act of 2018
"[1] A congressional committee is created to address the long-term solvency of multiemployer pension plans and the PBGC. [2] 401(k) plan participants will have expanded ability to take hardship distributions. [3]The coverage gap ('donut hole') in the Medicare Part D prescription drug program will close faster resulting in lower out-of-pocket costs for retirees. [4] There are additional increases in the amount that certain high-income Medicare beneficiaries will have to pay for their Part D and Part B premiums."
Segal Consulting
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Executive Compensation and Nonqualified Plans
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New Target of 'Shareholder' Strike Suit Litigation
"Now that the Tax Cuts and Jobs Act of 2017 has eliminated the performance-based compensation exception to Code Section 162(m), a plaintiffs law firm has announced that it was shocked, shocked by the fact that a company was using a 162(m) umbrella plan to qualify its compensation as performance-based."
Winston & Strawn LLP
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Just Because Your Company Is Privately Held Doesn't Mean the SEC Isn't Watching
"Private companies should [1] develop written policies and procedures dealing with equity-based compensation to ensure their compliance with Rule 701 limits.... [2] develop written policies and procedures that address how financial disclosures are to be disseminated so as to safeguard the confidentiality of the financial information while still complying with Rule 701.... [3] put into place processes and procedures that ensure as appropriate that timely reporting and disclosures are provided to employees before the Rule 701 $5M threshold is triggered in any 12-month period."
Holifield Janich Rachal & Ferrera, PLLC
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Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager
BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2018 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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