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BenefitsLink Health & Welfare Plans Newsletter

July 11, 2011

Employee Benefits Jobs

Group Insurance Contract Analyst
for MetLife in FL, NY

Plan Administrator
for The Newport Group in VA

Benefits Specialist 5
for The Boeing Company in IL, WA

Vice President, Sales
for Cammack LaRhette Consulting in MA

Pension Consultants/Administrators
for Northern NJ Mid-Size Pension Consulting Firm in NJ

Retirement Plan Paralegal
for MidAmerica Administrative & Retirement Solutions, Inc. in FL

Strategic Communications Consultant
for New York Life Retirement Plan Services in CA

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Webcasts and Conferences

"Rehired Employees - Solving the Mystery" Web Seminar Nationwide on July 28, 2011 presented by SunGard Relius

COBRA and Affordable Care Act Compliance Workshops - Free in California on July 21, 2011 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

HIPAA and Other Health Benefits Laws: Compliance Assistance Seminar in New York on September 21, 2011 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Improving Employee Productivity & Loyalty: 5 Issues Addressed with a Group Legal Plan Nationwide on August 8, 2011 presented by Hyatt Legal Plans, a MetLife company

Improving Productivity & Loyalty: 5 Issues Addressed with a Group Legal Plan Nationwide on July 27, 2011 presented by Hyatt Legal Plans, a MetLife company

Retirement Plan Fee Disclosure ? Compliance Deadline Is Looming Webinar Nationwide on August 25, 2011 presented by Thompson Interactive

The Basics of Multiple Employer Plans Nationwide on July 12, 2011 presented by Erisafile Qualified Pension Consulting, Inc.

The Basics of Multiple Employer Plans Nationwide on July 28, 2011 presented by Erisafile Qualified Pension Consulting, Inc.

[Guidance Overview]
First Appellate Court Ruling Finds PPACA Constitutional
"In the end, the only significant issue all three judges could reach complete agreement on was that the plaintiffs had standing to bring the claim." (HR Policy Association)
[Guidance Overview]
Reviewing The Potential Effects of State Same-S.ex Marriage Laws on Employee Benefit Plans in New York
"On July 24, New York's Marriage Equality Act will become effective, making New York the sixth and largest state to recognize same-s.ex marriage. Specifically, New York's Marriage Equality Act 'formally recognizes otherwise-valid marriages without regard to whether the parties are the same or different se.x.' In addition, the act provides that all marriages, including same-s.ex marriages, 'be treated equally in all respects under the law." (Morgan, Lewis & Bockius LLP)
[Guidance Overview]
HHS Releases Operating Rules for Health Care Claims Transactions
"[W]hen a provider currently sends an eligibility for a health plan inquiry to a health plan, the standard allows responses ranging from a simple 'yes' or 'no,' to the inclusion of a complete range of information." (Wolters Kluwer Law & Business)

Employer-Provided Healthcare Income Tax Break on Debt Talks Table
"Limiting the tax break for employer-provided health insurance became a bargaining chip on Friday in congressional negotiations to beat an August 2 deadline for averting a U.S. default." (Reuters)

HHS Unveils Much-Anticipated Health Exchange Proposed Rule
"Health and Human Services Secretary Kathleen Sebelius today announced the release of proposed regulations that will govern how states are to set up and run new marketplaces where individuals and small businesses can shop for health insurance." (Kaiser Health News)

Companies Offer Relief Funds for Staff Challenged By Calamities
"[Employee Shannon] Smith has seen firsthand the benefit of emergency assistance funds, which some employers establish to aid workers in times of need. It might be a natural disaster, a medical emergency or an unexpected death in the family that leaves employees in dire straits." (Workforce.com)

A Guide to Health Insurance Exchanges
"It seems like a simple idea: create new marketplaces, called 'exchanges,' where consumers can comparison shop for health insurance, sort of like shopping online for a hotel room or airline ticket. But, like almost everything else connected with the health law, state-based insurance 'exchanges' are embroiled in politics." (Kaiser Health News with the Washington Post)

More Companies Relying on Pharmacy Benefit Managers
"[T]he three most common drug-management initiatives in use today are 'formularies,' or lists of drugs approved for reimbursement (90 percent); utilization-management programs, which monitor drug use and advise physicians on the most cost-effective prescriptions (78 percent); and drug plans that offer different tiers of co-payments, from generics to name-brands to specialty drugs (77 percent)." (Human Resource Executive Online)

The Labor Market Impact of Employer Health Benefit Mandates: Evidence from San Francisco's Health Care Security Ordinance
"We find that, compared to control counties, employment and earnings patterns in San Francisco did not change appreciably following the policy. This was true for industries most affected by the mandate, as well as for overall private sector employment." (National Bureau of Economic Research)

Benefits in General; Executive Compensation

[Official Guidance]
Retirees Discounted Telephone Service Not ERISA Pension Plan
"Discounted telephone services provided to telephone company retirees did not constitute a pension plan subject to ERISA's funding, vesting, and disclosure requirements, the U.S. Court of Appeals in New Orleans (CA-5) has ruled in Boos v. AT&T Incorporated." (Wolters Kluwer Law & Business)
[Guidance Overview]
Littler - Press Releases, Media Advisories, And Newsletters
"The IRS recently issued proposed Treasury Regulations that 'clarify' two aspects of the current Section 162(m) rules relating to equity-based compensation. The areas addressed include: (1) a transition rule for awards made shortly after a company becomes publicly traded; and (2) the required limit on the number of shares subject to grants of stock options or SARs." (Littler)
[Guidance Overview]
A Trend Toward State Recognition of Same-S.ex Civil Unions
"Any employer-sponsored benefits that are governed by federal law will not be affected by the civil union laws. These include certain retirement plans and health and welfare benefits governed by [ERISA] and/or the Internal Revenue Code of 1986. However, insofar as state law governs a particular benefit (for example, insured health benefits), employers operating in a civil union state must generally treat an employee's civil union partner as a spouse for purposes of those state-regulated benefits." (Proskauer)


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Jeanette Hull, News Editor
David Rhett Baker, J.D., Editor and Publisher
Lois Baker, J.D., President
Holly Horton, Business Manager

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