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BenefitsLink Health & Welfare Plans Newsletter

September 21, 2011

Employee Benefits Jobs

Plan Administrator
for Blue Ridge ESOP Associates in ANY STATE

Sales
for Third Party Administrator for retirement plans in OH

Client Relationship Manager
for PensionTrend, Inc. in MI

Customer Care Consultant
for PAi in ANY STATE

Senior Account Manager
for Univers Workplace Solutions in FL

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Webcasts and Conferences

"457(b) Plans for 401(k) Practitioners" - A 3-part Web Seminar Nationwide on November 1, 2011 presented by SunGard Relius

"Don't Be Caught Short: Understanding Short Plan Years" Web Seminar Nationwide on September 27, 2011 presented by SunGard Relius

"Electronic Participant Fee Disclosure" Web Seminar Nationwide on October 12, 2011 presented by SunGard Relius

"Premature Withdrawal Penalties" Web Seminar Nationwide on October 7, 2011 presented by SunGard Relius

COBRA Compliance Workshop in Washington on September 26, 2011 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Rekon Road Show- Atlanta (Buckhead) in Georgia on October 20, 2011 presented by 401(k) Rekon

SPDs for Group Health Plans: Complying With Style and Content Rules Nationwide on September 15, 2011 presented by EBIA / Thomson Reuters

[Guidance Overview]
Determining What's Affordable under Health Reform
"A large employer generally is subject to an assessable payment if any full-time employee is certified to receive an applicable premium tax credit or cost-sharing reduction and either (1) the employer does not offer to its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage; or (2) the employer offers its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage that either is unaffordable or does not provide minimum value." (Wolters Kluwer Law & Business / CCH)

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[Guidance Overview]
Seattle City Council Passes Paid Sick/Safe Leave Ordinance
"This update summarizes the key provisions of the ordinance and highlights some of the features that may require policy changes for employees who work in Seattle." (Perkins Coie LLP)
[Guidance Overview]
October 15th Deadline for Providing Medicare Part D Creditable Coverage Notice (PDF)
"Employers sponsoring group health plans that provide prescription drug coverage to employees or dependents who are Medicare eligible (e.g., age 65 or older, disabled under Social Security or who have end stage renal disease) are required to issue a Medicare Part D Creditable Coverage Notice to such individuals." (Dow Lohnes PLLC)
[Guidance Overview]
IRS Requests Comments on Health Coverage Affordability Safe Harbor for Employers (PDF)
"Beginning in 2014, employers may be assessed a 'shared responsibility' penalty if the health coverage they offer to certain employees is 'unaffordable.' The IRS recently issued Notice 2011–73, which solicits comments about a potential 'safe harbor'' for determining whether an employer's health coverage is 'affordable' for purposes of this penalty. Comments are due by December 13, 2011." (Buck Consultants, LLC)
[Guidance Overview]
Denver's Proposed Paid Sick and Safe Time Ordinance Moves Forward
"[E]ven though the new proposed ordinance attempts to exempt employers that already provide vacation or personal time off (PTO) in an amount equivalent or greater than the mandated nine (or five) days of leave benefits, employers must allow the vacation or PTO 'under the same conditions as paid sick and safe time'—meaning that if the other leave benefits require prior notice and/or documentation, this new leave bank must be provided in addition." (Ogletree, Deakins, Nash, Smoak & Stewart PC)
[Guidance Overview]
Federal Rate Review Rules Revised to Reach Nongrandfathered Association Health Insurance
"[HHS] rate increase review rules now apply to all nongrandfathered individual and small group MEWA and other association health insurance. HHS amended the rules to reflect its position that such coverage is subject to the same rules as health policies sold directly to individuals and small employers." (Mercer LLC)

Annual Notice Requirements for Employer Group Health Plans
"Since most employers operate their health plans on a calendar year basis, this is a good time of year to review the annual participant notice requirements for employer group health plans." (Miller, Johnson, Snell & Cummiskey C.L.P.)

Business Insurance Ranking of Largest Pharmacy Benefit Managers
"Medco Health Solutions Inc. ranks No. 1 in the Business Insurance 2011 ranking of the 10 largest pharmacy benefit managers." (Business Insurance)

New Rules Make Option of Employer Group Waiver Plan with a Wraparound Supplemental Plan Attractive
"Many employers have heard about this opportunity, but exactly how advantageous is the EGWP/wrap option, and how can they change to it from current plans, such as those involving the retiree drug subsidy (RDS)?" (Milliman, Inc.)

Priority Health First in Michigan to Offer Accredited Wellness Services
"Priority Health is the only Michigan-based organization to earn Wellness & Health Promotion Accreditation by the National Committee for Quality Assurance (NCQA)." (MedTech Media)

[Opinion]
Why Would Health Care Be Fiscally Unsustainable When It Is Paid for Through a Government Program, Yet Sustainable When It Is Paid for Privately?
"The fiscally unsustainable argument is based on the assumptions that the government would not introduce adequate cost containment measures, and that the government would not impose adequate taxes or tax equivalents to pay for the system. Based on the experience of other nations, both assumptions should be challenged." (Health Affairs via Physicians for a National Health Program)
[Opinion]
Health Care Versus Wealth Care: Investors with a Conscience Should Divest from Health Insurance Companies
"The ACA was essentially written in the Senate Finance Committee chaired by Max Baucus. The actual author was his chief health care aide, Liz Fowler. Her job before working for Baucus? Vice president of WellPoint/Anthem/Blue Cross, the country's largest health insurer." (Tikkun Magazine via Physicians for a National Health Program)

Benefits in General; Executive Compensation

[Guidance Overview]
Noncompete As Condition for Option Exercise in Texas
"Distancing itself from earlier precedent, the Supreme Court of Texas recently concluded that an employer could require an employee to give a covenant not to compete in exchange for allowing the employee to exercise stock options, if the noncompete were reasonable as to time, scope of activity, and geographical area." (Utz, Miller & Eickman, LLC)

PwC Releases Results from Human Resource Services 2011 Global Equity Incentives Survey
"Since 2009, performance-based equity has surpassed all other equity vehicles as the compensation vehicle of choice. Sixty-one percent of Restricted Share Units (RSUs) granted in 2011 had performance metrics attached to the vesting schedule; only 39% had service-based (i.e. time-based) vesting. Forty-three percent of Restricted Shares (RS) granted had performance metrics attached to the vesting schedule." (PLANSPONSOR.COM)

Lifestyle Benefits Are Becoming More Important to Employees
"'The big focus now is on offering people pleasers,' explains Marie Dufresne, a Dallas-based senior principal with Hay Group. She defines these pleasers as offerings that cost the employer little to nothing, but save the employee on something that they would be paying for anyway, or perhaps couldn't quite afford." (Workplace Management: free registration required)

Study Reveals Global Work-Life Imbalance
"A global survey reveals a growing imbalance between what employers say about work-life balance and what they actually do." (PLANSPONSOR.COM)



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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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