If this message looks garbled to you or if the headlines in this message don't connect you to Web pages when you click on them, please request the "plain text" version of this newsletter ("Welfare Plans Edition") by emailing your request to publisher Dave Baker
May 29, 2001
Today's sponsor: Search401k.com (click)
Trade Association Challenges Blues' Report on Cost of HIPAA Transactions
Excerpt: "The Association for Electronic Health Care Transactions (AFEHCT) has published an annotated version of the recent Blue Cross/Blue Shield Association report, 'Provider Cost of Complying with Standardized Electronic Formats.' In the annotations, AFEHCT challenges the conclusion that a delay for compliance is required." (HIPAAdvisory.com)
Democratic Senate Could Help Privacy Law, Observers Say
Excerpt: "The U.S. Senate will be more likely to take a favorable view of privacy legislation when it comes under Democratic control, privacy advocates and observers said Friday." (Reuters via Yahoo! News)
Another Question is Answered in the Cafeteria Plans Q&A Column
If an employee is paying health insurance premiums with pre-tax salary reduction dollars under a cafeteria plan, misses a few weeks of work, and his premiums fall into 'arrears,' can they be caught up when the employee returns to work? (BenefitsLink.com)
Sex Discrimination Case Involving Health Plan's Failure to Cover Contraceptives is Proceeding
EEOC v. United Parcel Service (D. Minn. 2001). Excerpt: "This case was brought by the EEOC on behalf of employees of United Parcel Service (UPS). The EEOC alleged that UPS discriminated on the basis of sex in violation of Title VII of the Civil Rights Act of 1964 when it provided a health plan to its employees that excluded coverage for oral contraceptives." (EBIA Weekly)
Fifth Circuit Articulates Standards for Processing Long-Term Disability Plan Claims and Appeals
Gooden v. Provident Life & Accident Ins. Co. (5th Cir. 2001). Excerpt: "In reversing the lower court, the Fifth Circuit lays out several helpful rules for processing ERISA benefit claims (at least in the Fifth Circuit's jurisdiction of Louisiana, Mississippi, and Texas)." (EBIA Weekly)
ADA Claim for Failure to Cover Infertility Treatments Dismissed
Lehman v. Adecco North America LLC (N.D. Ill. 2001). Excerpt: "This decision is not surprising. The other courts that have addressed ADA claims involving infertility exclusions have generally come to the same conclusion ... And, unlike exclusions for contraceptives, the EEOC has declined to take a formal position on infertility treatments." (EBIA Weekly)
Hourly Pay During Undeclared FMLA Leave Does Not Deprive Employee of Exempt Status
Excerpt: "The 9th U.S. Circuit Court of Appeals held April 4 that prior notice by the employer that the employee was on partial Family and Medical Leave Act (FMLA) leave was not a necessary prerequisite for the leave to be protected by the FMLA. 'The fact that [the employer] did not formally designate the leave as FMLA-qualifying does not alter' the fact that Doris Rowe's reduced schedule qualified as FMLA leave, the opinion said." (Thompson Publishing Group)
Overtime Inconvenience Allowances Are De Minimis Fringe Benefits, Says Court
Excerpt: "The Court of Federal Claims recently issued a decision involving a multi-million dollar de minimis fringe benefits case in favor of an employer, International Business Machines (IBM). The case is International Business Machines Corp. v. United States.... IBM excluded the [meal allowances] from gross income and from wages for purposes of FICA, FUTA, income tax withholding and Form W-2 reporting." (Thompson Publishing Group)
In Australia, Workers Trading Pay For Extra Holidays
Excerpt: "Some of Australia's biggest employers are offering workers the option of buying holidays -- giving staff as much as an extra month of annual leave." (Daily Telegraph)
Vision Correction Surgery Benefits Going Mainstream
Excerpt: "Laser vision correction surgery is hot, and it's sure to get hotter. This year, an estimated 1 to 1.5 million people will get the procedure.... The procedure, which was approved by the FDA in 1995, was first thought of as uncovered elective surgery, like cosmetic surgery. Now, employers and insurers are realizing what huge demand there is, and are working on incorporating it into benefits plans." (Workforce)
Tax Bill Extends a Hand on Education, Tuition Plans
Excerpt: "Sure, the giant tax package approved by Congress yesterday will cut federal income-tax rates overall. But it also includes some extraordinary features that will help families in Rhode Island, Massachusetts and elsewhere pay for the ever-rising costs of education ... You'll be able to contribute more money to Education IRAs, and make tax-free withdrawals from these accounts to pay for education." (Neil Downing in the Providence Journal)
Incompetent Physicians Are Rarely Reported by HMOs as Law Requires
Excerpt: "A federal program to protect patients from incompetent doctors is failing because health maintenance organizations and hospitals rarely report those doctors to the government as they are required to do, federal investigators say." (New York Times; free registration required)
Preliminary HIPAA Compliance Recommendations
Excerpt: "Following a recent delay, the Privacy Standards are now scheduled to go into effect on April 14, 2001; however, most covered entities will not be required to comply with the new rules until two years later-- April 14, 2003." (Physician's News Digest)
(Following items also appear in Retirement Plans Edition)
DOL Gathers Together Online Benefits Materials for Persons Losing Jobs
Excerpt: "The following publications provide helpful information for employees who may be facing job loss ..." (U.S. Department of Labor, Pension and Welfare Benefits Administration)
Welcome to new BenefitsLink advertiser Lynchval Systems Worldwide Inc.
'Lynchval combines new technology advantages with over 20 years of design experience earned from supporting some of the most complex plans in the world. Our leased PC systems support single-employer qualified and non-qualified plans, public plans, multi-employer/union and international pension plans. Lease includes initial training, ongoing training through user group meetings, support via telephone conference and remote/host system dial-in, documentation."
Opinion: Ameritrade's Moglia Has Incentives to Sell Out
Excerpt: "... Moglia's employment agreement tells a different story, one that suggests strongly he will concentrate less on the Omaha, Nebraska-based discount brokerage's technology and more on hawking the company to a buyer willing to pay a substantial premium." (Graef Crystal, on Bloomberg.com)
The Principal Financial Group Files Plan of Demutualization
Press release. Excerpt: "The Principal Financial Group? ... announced today it has filed its plan of demutualization with the Insurance Commissioner of the State of Iowa. The plan details the process for converting Principal Mutual Holding Company from a mutual insurance holding company to a stock company, including distribution to eligible policyholders of 100 percent of the pre-IPO value of the company." (Business Week)
Newly Posted or Renewed Job Openings ( Post Yours! )
Newly Posted Press Releases
Subscribe to the Retirement Plans Edition, too (click)
Copyright 2001 BenefitsLink.com, Inc.
You may freely distribute this email newsletter in whole.
Click here to learn how your company can sponsor a future issue!
BenefitsLink is a registered trademark of BenefitsLink.com, Inc., published by Dave Baker with much help from Mary Hall and lots of friends.
We're proud of our privacy policy .
To subscribe (free): visit https://benefitslink.com/newsletter - or the person desiring to subscribe can send an email to BLwelfare@add.mb00.net
We have an online archive of prior issues at
https://benefitslink.com/newsletters/
The BenefitsLink Newsletter -
Welfare Plans Edition
Welfare Plans Edition
May 29, 2001
Today's sponsor: Search401k.com (click)
Know a company that needs a 401(k) review? Search401k guides you through customized product expense and return comparisons online and in minutes! Request proposals from more than 80 of the leading retirement plan products, and check out the Search401k Rating for more information about product service! See how easy the 401(k) search and selection process can be! Visit us at: www.search401k.com
Trade Association Challenges Blues' Report on Cost of HIPAA Transactions
Excerpt: "The Association for Electronic Health Care Transactions (AFEHCT) has published an annotated version of the recent Blue Cross/Blue Shield Association report, 'Provider Cost of Complying with Standardized Electronic Formats.' In the annotations, AFEHCT challenges the conclusion that a delay for compliance is required." (HIPAAdvisory.com)
Democratic Senate Could Help Privacy Law, Observers Say
Excerpt: "The U.S. Senate will be more likely to take a favorable view of privacy legislation when it comes under Democratic control, privacy advocates and observers said Friday." (Reuters via Yahoo! News)
Another Question is Answered in the Cafeteria Plans Q&A Column
If an employee is paying health insurance premiums with pre-tax salary reduction dollars under a cafeteria plan, misses a few weeks of work, and his premiums fall into 'arrears,' can they be caught up when the employee returns to work? (BenefitsLink.com)
Sex Discrimination Case Involving Health Plan's Failure to Cover Contraceptives is Proceeding
EEOC v. United Parcel Service (D. Minn. 2001). Excerpt: "This case was brought by the EEOC on behalf of employees of United Parcel Service (UPS). The EEOC alleged that UPS discriminated on the basis of sex in violation of Title VII of the Civil Rights Act of 1964 when it provided a health plan to its employees that excluded coverage for oral contraceptives." (EBIA Weekly)
Fifth Circuit Articulates Standards for Processing Long-Term Disability Plan Claims and Appeals
Gooden v. Provident Life & Accident Ins. Co. (5th Cir. 2001). Excerpt: "In reversing the lower court, the Fifth Circuit lays out several helpful rules for processing ERISA benefit claims (at least in the Fifth Circuit's jurisdiction of Louisiana, Mississippi, and Texas)." (EBIA Weekly)
ADA Claim for Failure to Cover Infertility Treatments Dismissed
Lehman v. Adecco North America LLC (N.D. Ill. 2001). Excerpt: "This decision is not surprising. The other courts that have addressed ADA claims involving infertility exclusions have generally come to the same conclusion ... And, unlike exclusions for contraceptives, the EEOC has declined to take a formal position on infertility treatments." (EBIA Weekly)
Hourly Pay During Undeclared FMLA Leave Does Not Deprive Employee of Exempt Status
Excerpt: "The 9th U.S. Circuit Court of Appeals held April 4 that prior notice by the employer that the employee was on partial Family and Medical Leave Act (FMLA) leave was not a necessary prerequisite for the leave to be protected by the FMLA. 'The fact that [the employer] did not formally designate the leave as FMLA-qualifying does not alter' the fact that Doris Rowe's reduced schedule qualified as FMLA leave, the opinion said." (Thompson Publishing Group)
Overtime Inconvenience Allowances Are De Minimis Fringe Benefits, Says Court
Excerpt: "The Court of Federal Claims recently issued a decision involving a multi-million dollar de minimis fringe benefits case in favor of an employer, International Business Machines (IBM). The case is International Business Machines Corp. v. United States.... IBM excluded the [meal allowances] from gross income and from wages for purposes of FICA, FUTA, income tax withholding and Form W-2 reporting." (Thompson Publishing Group)
In Australia, Workers Trading Pay For Extra Holidays
Excerpt: "Some of Australia's biggest employers are offering workers the option of buying holidays -- giving staff as much as an extra month of annual leave." (Daily Telegraph)
Vision Correction Surgery Benefits Going Mainstream
Excerpt: "Laser vision correction surgery is hot, and it's sure to get hotter. This year, an estimated 1 to 1.5 million people will get the procedure.... The procedure, which was approved by the FDA in 1995, was first thought of as uncovered elective surgery, like cosmetic surgery. Now, employers and insurers are realizing what huge demand there is, and are working on incorporating it into benefits plans." (Workforce)
Tax Bill Extends a Hand on Education, Tuition Plans
Excerpt: "Sure, the giant tax package approved by Congress yesterday will cut federal income-tax rates overall. But it also includes some extraordinary features that will help families in Rhode Island, Massachusetts and elsewhere pay for the ever-rising costs of education ... You'll be able to contribute more money to Education IRAs, and make tax-free withdrawals from these accounts to pay for education." (Neil Downing in the Providence Journal)
Incompetent Physicians Are Rarely Reported by HMOs as Law Requires
Excerpt: "A federal program to protect patients from incompetent doctors is failing because health maintenance organizations and hospitals rarely report those doctors to the government as they are required to do, federal investigators say." (New York Times; free registration required)
Preliminary HIPAA Compliance Recommendations
Excerpt: "Following a recent delay, the Privacy Standards are now scheduled to go into effect on April 14, 2001; however, most covered entities will not be required to comply with the new rules until two years later-- April 14, 2003." (Physician's News Digest)
DOL Gathers Together Online Benefits Materials for Persons Losing Jobs
Excerpt: "The following publications provide helpful information for employees who may be facing job loss ..." (U.S. Department of Labor, Pension and Welfare Benefits Administration)
Welcome to new BenefitsLink advertiser Lynchval Systems Worldwide Inc.
'Lynchval combines new technology advantages with over 20 years of design experience earned from supporting some of the most complex plans in the world. Our leased PC systems support single-employer qualified and non-qualified plans, public plans, multi-employer/union and international pension plans. Lease includes initial training, ongoing training through user group meetings, support via telephone conference and remote/host system dial-in, documentation."
Opinion: Ameritrade's Moglia Has Incentives to Sell Out
Excerpt: "... Moglia's employment agreement tells a different story, one that suggests strongly he will concentrate less on the Omaha, Nebraska-based discount brokerage's technology and more on hawking the company to a buyer willing to pay a substantial premium." (Graef Crystal, on Bloomberg.com)
The Principal Financial Group Files Plan of Demutualization
Press release. Excerpt: "The Principal Financial Group? ... announced today it has filed its plan of demutualization with the Insurance Commissioner of the State of Iowa. The plan details the process for converting Principal Mutual Holding Company from a mutual insurance holding company to a stock company, including distribution to eligible policyholders of 100 percent of the pre-IPO value of the company." (Business Week)
Newly Posted or Renewed Job Openings ( Post Yours! )
for Fidelity Investments
in UT
in UT
for Independent Benefit Services
in MD
in MD
for Human Capital Management, Inc.
in NY
in NY
for Printz & Associates
in CA
in CA
for J Smith Lanier/Schultz Rowson
in GA
in GA
Newly Posted Press Releases
Pension Provisions in HR 1836 Will Significantly Expand Defined Contribution System
(Profit Sharing/401(k) Council of America (PSCA))
Subscribe to the Retirement Plans Edition, too (click)
Copyright 2001 BenefitsLink.com, Inc.
You may freely distribute this email newsletter in whole.
Click here to learn how your company can sponsor a future issue!
BenefitsLink is a registered trademark of BenefitsLink.com, Inc., published by Dave Baker with much help from Mary Hall and lots of friends.
We're proud of our privacy policy .
To subscribe (free): visit https://benefitslink.com/newsletter - or the person desiring to subscribe can send an email to BLwelfare@add.mb00.net
We have an online archive of prior issues at
https://benefitslink.com/newsletters/