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April 5, 2011

[Official Guidance]
Text of CMS Notice on Early Retiree Reinsurance Program: May 5 Cut-off Date for Applications (PDF)
"This notice announces that CMS is exercising its authority . . . to stop accepting applications for the Early Retiree Reinsurance Program, due to the availability of funds, as of May 5, 2011." (U.S. Centers for Medicare & Medicaid Services)


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[Guidance Overview]
How to Calculate the Health Care Tax Credit
"To be eligible for any tax credit under the ACA, an employer must meet the following requirements . . . ." (The New York State Society of Certified Public Accountants)

[Guidance Overview]
New FAQs on Grandfathered Health Plans Address Formulary Changes and More
"This round of guidance provides that a group health plan's grandfathered health status is not lost in either of the following circumstances . . . ." (E Is for ERISA)

[Guidance Overview]
FTC/DOJ Issue Proposed Statement of Antitrust Enforcement Regarding Accountable Care Organizations
"The Proposed Antitrust Policy Statement only applies to competitor collaborations formed after March 23, 2010 that seek to participate in the Shared Savings Programs. Physician practice groups or integrated health systems that form ACOs through merger transactions will be evaluated under the Agencies' Horizontal Merger Guidelines." (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.)

[Guidance Overview]
Federal Officials Release Proposed Accountable Care Organization Rules
"According to the rules, groups of care providers can qualify as ACOs when they are able to provide primary care for at least 5,000 patients. In order to achieve savings, they also must meet 65 quality standards, which encompass five categories . . . ." (California HealthCare Foundation by The Advisory Board Company)

Potential Growth of Exchanges a Positive Effect of Health Overhaul, Obama Official Says
"If employers eventually see the insurance in exchanges as a better alternative to employer-sponsored coverage and shift workers into the new markets, it would be a positive development, Obama administration health official Joel Ario said Tuesday . . . ." (The Commonwealth Fund)

How Will Health Care Reform Affect Costs and Coverage? Examples from Five States
"Projects how the coverage-related provisions of the Patient Protection and Affordable Care Act will affect health insurance coverage and state government spending on health care in five states." (RAND)

[Opinion]
The Economics of Privately Sponsored Social Insurance
"To see why the Affordable Care Act is actually trying to mimic employment-based private health insurance, let me propose this definition: Employment-based group health insurance, American style, is publicly subsidized, privately sponsored, community-rated social insurance sold to American employees on formally organized health insurance exchanges." (The New York Times; free registration required)

Benefits in General; Executive Compensation

[Guidance Overview]
SEC's Proposed Rules for Compensation Committee Advisers
"These are critical issues to nearly all readers. However, the Proposed Rule provides very little guidance or elaboration on the statutory terms. Instead, as I noted last week, the Proposed Rule mainly repeats the provisions set forth in Sections 10C(c), (d) and (e) (added by Dodd-Frank Act Section 952) regarding . . . ." (Michael S. Melbinger via Winston & Strawn LLP)

[Guidance Overview]
Federal Regulators' Proposed Rule Addressing Incentive-Based Compensation Arrangements for Financial Firms
"While many banking institutions have recently been subjected to guidance on sound incentive compensation policies adopted by certain Federal banking agencies . . . Section 956 applies, and the Proposed Rule would apply, to a broader range of financial institutions. The Proposed Rule, however, will supplement, not replace, other rules on compensation practices . . . ." (K&L Gates LLP)

[Guidance Overview]
SEC's Proposed Rules Implementing Dodd-Frank Provisions on Independence of Compensation Committees and their Advisers (PDF)
"The proposed rules would: direct the national securities exchanges to adopt certain listing standards related to the compensation committee of a company's board of directors, as well as its compensation advisers, and require new disclosures from companies concerning their use of compensation consultants and conflicts of interest." (Alston & Bird LLP)


Employee Benefits Jobs

Relationship Mgr II/III in CA for The Standard

New Business Specialist in PA for BeneTrends, Inc.

Senior 401(k)/DC Administrator in MD for Administrator Planning Services, Inc. dba. Administrator Companies

Retirement Plan Administrator in MD for RSM McGladrey, Inc.

Post Your Job on EmployeeBenefitsJobs.com

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Webcasts and Conferences

"401(k) Plan Current Issues Workshop" - Boston in Massachusetts on May 13, 2011 presented by SunGard Relius

"401(k) Plan Current Issues Workshop" - Chicago in Illinois on May 11, 2011 presented by SunGard Relius

"401(k) Plan Current Issues Workshop" - Kansas City in Kansas on May 11, 2011 presented by SunGard Relius

"401(k) Plan Current Issues Workshop" - Minneapolis in Minnesota on May 13, 2011 presented by SunGard Relius

"Form 5500/EFAST 2 Workshop" - Boston in Massachusetts on May 12, 2011 presented by SunGard Relius

"Form 5500/EFAST 2 Workshop" - Chicago in Illinois on May 10, 2011 presented by SunGard Relius

"Form 5500/EFAST 2 Workshop" - Kansas City in Kansas on May 10, 2011 presented by SunGard Relius

"Form 5500/EFAST 2 Workshop" - Minneapolis in Minnesota on May 12, 2011 presented by SunGard Relius

2011 Roth Conversion and Portability Nationwide on April 7, 2011 presented by McKay Hochman Co., Inc.

3-Part Defined Benefit Prototype Plan Series Nationwide on April 12, 2011 presented by McKay Hochman Co., Inc.

Automatic Contribution Arrangements Nationwide on April 14, 2011 presented by McKay Hochman Co., Inc.


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