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June 8, 2007
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Sponsored by: The Center for Tax Law and Employee Benefits at The John Marshall Law School

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The John Marshall Law School Center for Tax Law and Employee Benefits invites you to improve your marketability by earning an advanced degree in Employee Benefits in the heart of Chicago. We offer an M.S. degree in Employee Benefits for non-attorney benefits professionals and an LL.M. degree in Employee Benefits for attorneys. Attend an Information Session Monday, June 11 at noon or 5 p.m. Visit www.jmls.edu/employee.html for more information.

Measure Could End Same-Sex Couple Benefits Penalties
Excerpt: "Lawmakers have introduced a bill in Congress that could equalize tax treatment of employer-provided health care benefits for same-sex couples and heterose.xual couples." (The National Underwriter Company; free registration or paid subscription required)

Bill Extends Employer Health Insurance Tax Breaks to Domestic Partners
Excerpt: "Two U.S. Senators have introduced a proposal that would end the tax treatment disparity between employer-sponsored health coverage for domestic partners of employees and that of spouses and dependent children of employees. . . . The House bill, Tax Equity for Health Plan Beneficiaries Act of 2007 (H.R. 1820), was introduced by Representative Jim McDermott (D-Washington)." (PLANSPONSOR.com; free registration required)

Employers Are Finding That Adoption Assistance Is Relatively Inexpensive--And Yields High Rewards
Excerpt: "Adoption has become an employment issue. Because more women delay parenthood to pursue careers during their prime childbearing years, some seek alternative avenues to build their families. With each adoption costing up to $30,000 and often demanding mounds of paperwork and weeks of travel, workers are asking their employers for help." (Time Inc.)

Compliance Risks Grow With Electronic Medical Record Systems
Excerpt: "Physicians love electronic medical record (EMR) templates because they make documentation faster and easier, but abuses, such as cloning and 'exploding' notes, are jeopardizing reimbursement and compliance, experts say." (Report on Medicare Compliance via AISHealth.com)

List of State High-Risk Pools
Excerpt: "Thirty-two states operate high-risk pool programs for people who have trouble buying individual health insurance because of their health. Eligibility for these programs varies, as do premiums and covered benefits. . . . The web addresses on this list have been verified as of June 6, 2007." (healthinsuranceinfo.net)

Video & Podcast: Elements of State Health Reform: Prevention & Wellness as Covered Benefits
Excerpt: "The Kaiser Family Foundation and the National Governors Association Center for Best Practices present this webcast with a panel of health policy experts explore state initiatives to incorporate prevention and wellness benefits into coverage programs, aiming to lower costs and promote healthier living with such strategies as wellness benefit packages and rewards for healthy behaviors." (Kaiser Family Foundation)

New Coalition Forms To Help Reduce Rate of Obesity in U.S.
Excerpt: "At a meeting last month in Washington, D.C., 80 groups and companies met to identify six priorities for the Collaborative Campaign to End Obesity." (Kaiser Family Foundation)

Employer-Sponsored Medicare Advantage Plan Attracts 10,500 Mormons
Excerpt: "Amid recent CMS data showing the Medicare Advantage (MA) private-fee-for-service (PFFS) option attracting 1.5 million enrollees across the U.S., the Mormon Church is claiming success in its Jan. 1 launch of the nation's only 'employer direct' (i.e., employer sponsored) PFFS plan." (Medicare Advantage News via AISHealth.com)

The Commonwealth Fund's 'ChartCart' Web Resource
Excerpt: "ChartCart is an online resource that offers free and convenient access to Commonwealth Fund charts. You can create your own chart collection by selecting charts to save or print . . . ." (The Commonwealth Fund)

Information and Chart on State Laws Mandating or Regulating Mental Health Benefits
Excerpt: "There is not a general consensus that state government should require coverage for mental health. 46 states currently have some type of enacted law but these laws vary considerably and can be divided roughly into three categories: 1. mental health 'parity' or equal coverage laws 2. minimum mandated mental health benefit laws 3. mandated mental health 'offering laws'." (National Conference of State Legislatures)

An Employer-Based Overhaul of the Health System Wins Initial Approval in California Legislature
Excerpt: "The Senate and Assembly passed -- without a single Republican vote -- bills that would require businesses to spend 7.5% of their payrolls on employee healthcare. Democratic leaders said they would negotiate with Schwarzenegger and the business and healthcare lobbies in hopes of reaching a deal by the session's end in mid-September." (Los Angeles Times via Blue Cross and Blue Shield Association)

Overview: Court Rules on Retiree-Health Benefits
Excerpt: "A federal appeals court has upheld an EEOC rule that clears the way for companies to offer reduced health benefits to retirees who qualify for Medicare benefits. The AARP decried the ruling, but most employer groups and unions had supported it." (Human Resource Executive Online; free registration required)

Chart of Cost-of-Living Adjusted Health Savings Account Limits, 2004-2008
1 page. (Gary Lesser, Esq.)

State Conformity to the Federal Tax Treatment of HSAs
Excerpt: "The TRHCA of 2006 made changes to the HSA rules, which are generally effective for taxable years beginning after December 31, 2006. A State's conformity with the Code will indicate whether the State conforms to the recent changes to [these] new HSA rules . . . " (Gary Lesser, Esq.)


Links to Items on Executive Comp, Benefits in General

Fiduciaries' Attorney Malpractice Claims Are Not Preempted by ERISA
Excerpt: "Since the plaintiffs' liability to the ESOP participants arose under ERISA, an initial issue was presented as to whether the plaintiffs' claim for indemnification should be determined by reference to Federal or New York law. The question was more than just academic . . . ." (Health Plan Law blog by Attorney Roy F. Harmon III)

Overview: Final Treasury Regulations on 409A NQDC Rules
Excerpt: "The final regulations generally take effect January 1, 2008. Notice 2006-79, which extended existing transition relief for NQDC arrangements under section 409A, continues to apply to periods before then and essentially requires good-faith compliance with either the proposed or the final regulations." (Watson Wyatt Worldwide)

Overview: 'Covered Employees' for Purposes of $1 Million Limitation on Deducting Executive Comp
Excerpt: "This week the IRS issued guidance on identifying 'covered employees' for purposes of Section 162(m) of the Internal Revenue Code in response to the SEC's recent amendments to its executive compensation disclosure rules. This Update summarizes the key highlights from this IRS guidance and offers practical advice." (Perkins Coie LLP)

Overview: Only Four Employees Now Subject to Section 162(m); CFO No Longer Included (PDF)
Excerpt: "To reflect recent changes to SEC executive compensation disclosure rules, the IRS issued Notice 2007-49 on June 4, 2007, to provide interpretative guidance on the definition of 'covered employee' under Section 162(m) of the Internal Revenue Code." (Frederic W. Cook & Co., Inc.)


Newly Posted Events

HIPAA and Health Laws Compliance Assistance Seminar
in Indiana on June 26, 2007
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)


Newly Posted Press Releases

Allied Pilots Association Supports U.S. Senators' Request for Explanation of Pension Funding Relief
Allied Pilots Association (APA)

ShareBuilder Launches the '1% Goal' to Combat Excessive 401(k) Fees and Help Small Businesses Save
ShareBuilder

NAPFA, fi360, and CEFEX Launch 'Fiduciary Adviser' Training Module: Program designed to train Fee-Only advisors on fiduciary standard outlined in the PPA
National Association of Personal Financial Advisors (NAPFA)


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Defined Contribution Client Account Manager
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Retirement Plan Specialist
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in WI

Actuarial Analyst
for Fidelity Investments
in IL, MA

Compensation Manager
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in CA

Compensation Consultant/Program Manager
for Hewitt Associates
in IL

Consulting Attorney
for Towers Perrin
in NY

Defined Contributions Analyst
for Affiliated Computer Services
in NJ

401k Administrator
for Vanguard
in PA

Defined Contribution Client Account Manager
for New York Life Retirement Plan Services
in MA

Defined Benefit Client Account Manager
for New York Life Retirement Plan Services
in MA

Tax Senior: Comp & Benefits - Global Enterprise Services
for Deloitte, LLP - Washington National, Tax Practice
in ANY STATE, DC




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