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[Guidance Overview]
A Plan Administrator/Sponsor's Guide to Diminishing the Impact of a Conflict of Interest (PDF)
3 pages. Excerpt: "In light of the Supreme Court's decision last year in Metropolitan Life Insurance Co. v. Glenn (MetLife), claims administrators who are part of the entities that also provide funding for plan benefits are well-advised to establish internal safeguards to reduce the impact of a perceived conflict of interest. If structured properly, such safeguards could help preserve the right to deferential review of claims decisions. In this article, Susan Relland describes steps that companies can take to implement such internal safeguards." (Employee Benefit Plan Review via Miller & Chevalier Chartered)


[Guidance Overview]
Data Mining Coalition Battles for Prescription Data
Excerpt: "In IMS Health Inc. v. Ayotte, 550 F.3d 42 (1st Cir. N.H. 2008), cert. den., 129 S. Ct. 2864 (2009) the First Circuit upheld a Hampshire law that among other things prohibited certain transfers of physicians' prescribing histories for use in marketing drugs to physicians. A similar battle is now underway in the Second Circuit Court of Appeals over a Vermont statute. In IMS et al v. Sorrells a coalition of data mining entities seek to overturn an decision by the district court (IMS Health Inc. v. Sorrell, 2009 U.S. Dist. LEXIS 35594 (D. Vt.) (2009)) upholding the Vermont law. The Electronic Privacy Information Center (EPIC) has filed an amicus brief urging the Second Circuit to affirm the decision." (Roy Harmon III via Health Plan Law)


[Guidance Overview]
Homeland Security Says Small Business Should Develop Written Plan to Prepare for H1N1
Excerpt: "The federal Department of Homeland Security, in conjunction with the Center for Disease Control (CDC) and the Small Business Administration (SBA), provides this advice to small businesses in its recently released, Planning for H1N1 Influenza: A Preparedness Guide for Small Business. The Guide suggests a seven step process for developing your written plan: Identify a workplace coordinator; Examine policies for leave, telework, and employee compensation; Determine who will be responsible for assisting workers who become sick at the workplace; Identify essential employees, essential business functions, and other critical inputs required to maintain business operations should there be disruptions during the 2009 H1N1 flu outbreak; Share your pandemic plans with employees and clearly communicate expectations. Prepare business continuity plans in case the H1N1 flu outbreak causes widespread absenteeism or other operations changes; Establish an emergency communications plan." (Porter Wright Morris & Arthur LLP)


Flu Outbreak Could Give Momentum to Paid-Sick-Days Bill
Excerpt: "An outline posted at www.flu.gov recommends that employers 'establish policies for employee compensation and sick-leave absences unique to a pandemic.' Preparations for an outbreak of the H1N1 flu virus this fall could give momentum to legislation that would require employers to provide paid sick days. Even with the government urging companies to keep sick workers at home, the measure faces significant legislative obstacles. But advocates are using the flu scare to promote the bill. Titled the Healthy Families Act, it would enable workers to accrue one hour of paid sick leave for every 30 hours they work up to a total of 56 hours, or seven days." (Workforce Management; free registration required)


Side-by-Side Comparison of Major Health Care Reform Proposals
Excerpt: "This interactive side-by-side compares the leading comprehensive reform proposals across a number of key characteristics and plan components. Included in this side-by-side are proposals for moving toward universal coverage that have been put forward by the President and Members of Congress. In an effort to capture the most important proposals, we have included those that have been formally introduced as legislation as well as those that have been offered as draft proposals or as policy options. It will be regularly updated to reflect changes in the proposals and to incorporate major new proposals as they are announced. This side-by-side offers a summary of the major components of these proposals . . . ." (Kaiser Family Foundation)


The Risk of Losing Health Insurance Over a Decade: New Findings (PDF)
11 pages. Excerpt: "The empirical analysis reported in this Treasury Department study indicates that over a ten-year span, nearly half of non-elderly Americans go without coverage at some point and thus would benefit from measures designed to enhance coverage options for the uninsured. The study tracks the insurance status of a representative group of Americans from 1997 to 2006. Given that this period was generally characterized by economic growth and job creation, and that the most recent estimates indicate a positive trend in the number of uninsured Americans, extrapolating our findings into the next decade would likely underestimate the number of Americans who will go without insurance absent health insurance reform." (U.S. Department of the Treasury)


Health Plans Develop Outreach Programs, New Benefit Design to Promote New H1N1 Flu Vaccine
Excerpt: "Health plans say they will conduct outreach to promote the H1N1 vaccine, and some also have changed benefit designs to ensure more enrollees have coverage for flu treatments. But while insurers will pay for most health plan members to get the H1N1 or 'swine flu' vaccine, shots likely will be available only in a limited supply starting in October." (AISHealth.com)


As Use of Specialty Pharma.ceuticals Increases, Benefit Design Can Help to Control Costs
Excerpt: "As specialty drug use and costs continue to rise, appropriate benefit design -- not just pushing a drug onto the fourth tier of a formulary -- can help manage these therapies, says a recently released report from pharmacy benefit manager (PBM) Prime Therapeutics LLC. According to its 2009 Drug Trend Insights, among Prime covered lives in 2008, specialty drugs represented 1.1% of all prescriptions filled -- but they were 15.4% of the overall drug cost. The report notes that specialty drug categories represented eight of the top-10 therapeutic categories that experienced the fastest-growing costs in 2008." (AISHealth.com)


Proposed 35% Excise Tax on Benefits Would Likely Hit Middle-Income Employees the Hardest
Excerpt: "One component under consideration in the Senate Finance Committee's (SFC) long-delayed health reform bill is a 35% excise tax on certain employer-sponsored health benefits. While such a tax would be aimed at health plans that sell so-called 'gold-plated plans' -- and indirectly at the employers that buy them -- the proposal would likely hit middle-income employees in general (especially those with chronic conditions) and union members in particular the hardest. It also could encourage some employers to scale back coverage." (AISHealth.com)


American Airlines to End Health Plan for Non-Union Retirees
Excerpt: "American Airlines Inc. has notified its non-union retirees that the carrier will no longer pay for health insurance coverage for retirees past age 65. . . . The change means about 3,600 retirees older than 65 will have to begin paying for coverage, American said. In addition, about 450 retirees younger than 65 will have to begin paying 25 percent of the cost of their health insurance, the company said. In its letter to retirees, American cited its rising costs as the reason for ending the 'retiree standard medical plan option.' The company declined to give an estimate of how much it would save." (The Dallas Morning News)


The Effects of Two Specified Policy Options for Health Care on the Federal Budget Deficit (PDF)
4 page Letter to Ranking Member, House Committee on the Budget. Excerpt: "This letter responds to questions you asked about how two policy options you presented would affect the budget deficit over the long term. One option would replace the current tax exclusion for premiums for employment-based health insurance with a tax credit that would grow overtime at a rate less than that of health care inflation. The other option would convert Medicaid into a defined-contribution program with federal outlays increasing over time at a rate less than that of health care inflation. In the Congressional Budget Office's (CBO's) view, both options would reduce future budget deficits, relative to projections under current law, by amounts that increased over time. The analysis presented in this letter covers only the two general policy concepts described here and does not represent an analysis of any particular legislation." (U.S. Congressional Budget Office)


[Opinion]
Structural Conflicts of Interest After Metropolitan Life
Excerpt: "Variety is the spice of life, I guess, and has long been the norm when it comes to the handling by different circuits of the same issues arising under ERISA. Although Metropolitan Life appears to have standardized those rules with regard to one issue - namely the effect of 'structural conflict of interests' - to some degree, it hasn't come close to putting the treatment of that issue on the same page in every circuit." (Stephen Rosenberg of The McCormack Firm, LLC)

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Links to Items on Executive Comp, Benefits in General

National Compensation Survey: Employee Benefits in the United States, March 2009 (PDF)
489 pages. Excerpt: "The National Compensation Survey (NCS) provides comprehensive measures of occupational earnings, compensation cost trends, as well as incidence and detailed provisions of employee benefit plans. This bulletin presents estimates of the incidence of and key provisions of selected employee benefit plans. Estimates presented are on benefits for civilian workers - workers in private industry and in State and local government - by various employee and employer characteristics. For the purposes of the NCS, Federal government, agricultural, and household workers, and the self-employed, are excluded." (U.S. Bureau of Labor Statistics)


NCEO Introduces ESOP Company Board Member Training Package
ESOP companies have increasingly created a more formal role for their boards, often bringing in outside members or adding managers or other employees to the board. Many ESOP company board members, however, are not fully aware of their duties as a board member in an ESOP environment, and some are not very familiar with how ESOPs work. This training package provides a practical, inexpensive way to address this issue. It consists of The ESOP Company Board Handbook plus two prerecorded Webinars. (National Center for Employee Ownership)

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Webcasts and Conferences

"Cash Balance Plans for Defined Contribution Practitioners" Archived Web Seminar
Nationwide on September 22, 2009
presented by SunGard Relius

"EFAST2: The Future of Form 5500" in Atlanta
in Georgia on October 29, 2009
presented by SunGard Relius

"EFAST2: The Future of Form 5500" in Bloomington
in Illinois on October 29, 2009
presented by SunGard Relius

"ERISA Workshop" in Atlanta
in Georgia on October 30, 2009
presented by SunGard Relius

"ERISA Workshop" in Bloomington
in Illinois on October 30, 2009
presented by SunGard Relius

"Plan Forms, Notices, and Amendments: Streamlined, Effective, Timely" in Atlanta
in Georgia on October 29, 2009
presented by SunGard Relius

"Plan Forms, Notices, and Amendments: Streamlined, Effective, Timely" in Bloomington
in Illinois on October 29, 2009
presented by SunGard Relius

Compensation for Executives and Directors 24th Annual National Institute
in New York on October 26, 2009
presented by ABA Joint Committee on Employee Benefits

Eligibility Audits for Health Plans (including Health FSAs and HRAs): Protect Your Plans From Covering Ineligibles
Nationwide on October 22, 2009
presented by EBIA / Thomson Reuters

( Click to post your webcast or conference )

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Press Releases

Nearly Half of Employers Now Auto-Enroll Employees in 401(k) Plans, Watson Wyatt Survey Finds
Watson Wyatt

ERIC Urges Supreme Court to Reverse Appeals Court Failure to Provide Judicial Deference Under ERISA Plan
ERIC (ERISA Industry Committee)

ERIC Expresses Concern Over Provisions in Senate Finance Committee "Mark"
ERIC (ERISA Industry Committee)

Senate Finance Committee Health Reform Bill Includes Flawed Tax Policy
American Benefits Council

Finance Executives Plan Changes to Retirement Plans to Reduce Risk and Provide Employees with a More Secure Retirement
Prudential Financial, Inc.

NBCH Issues Guide to Help Employers Design Benefit Plans that Keep People Healthy
National Business Coalition on Health

Pacific Life Uses HighRoads to Augment Summary Plan Description (SPD) ERISA Compliance
HighRoads, Inc.

MassMutual Garners Multiple PSCA Signature Awards for ?Retirement Revolution? Documentary
MassMutual

Wagner Law Group Endorses Retirement Plan Consulting Program
Commonwealth Financial Network

ASPPA and NTSAA Look to Combine Operations
ASPPA and NTSAA

Miller & Chevalier Announce that Tess J. Ferrera has Joined the Firm as a Member in the ERISA and Fiduciary Litigation Practice
Miller & Chevalier

( Click to post your press release )

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Employee Benefits Jobs

Supervisor, Pension Administration Services
for Milliman
in TX

Senior Benefits Specialist
for Dresser-Rand
in NY

( Click to post your job opening | View all jobs | RSS feed of all jobs )

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EmployeeBenefitsJobs.com (Sponsor)

(Click on banner to learn more.)

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Handy Links:

• View Today's Active Message Threads
• Using the Web for Employee Benefits Research (hypertext article)
• Employee Benefits Library

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