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BenefitsLink Health & Welfare Plans Newsletter

March 11, 2014

Employee Benefits Jobs

401(k) Administrator/Compliance Consultant
DWC ERISA Consultants, LLC
in ANY STATE

Client Service Representative
Associated Pension Consultants
in CA

401(k) Pension Plan Business Development
AEPG Wealth Strategies
in NJ

Assistant Vice President - Defined Benefit Administration
Transamerica Retirement Solutions
in MA

Senior 401k/Retirement Plan Associate
Iron Financial
in IL

Senior Benefits Professional
Bechtel Marine Propulsion Corporation
in NY, PA

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Webcasts and Conferences

How the Individual Mandate and Public Exchanges Affected Employer Plans in 2014 ? Results of a New Employer Survey
March 12, 2014 WEBCAST
(Mercer)

DOL Audits with Craig J. Davidson, CEBS
March 18, 2014 WEBCAST
(FutureOffice Network)

Target Date Funds - Considerations for Plan Fiduciaries
March 20, 2014 in CA
(Western Pension & Benefits Council - Orange County Chapter)

Southern Retirement Plan Conference
April 24, 2014 in GA
(SunGard Relius)

View All Webcasts and Conferences


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Hand-picked links to the web's best news articles,
official guidance, jobs, webcasts and more.
[Guidance Overview]

Self-Insured Multiemployer Health Plans Could Be Exempt from ACA Reinsurance Fee in 2015 and 2016
"Multiemployer health plans are subject to the reinsurance fee. The final rule does not provide any relief for these plans for 2014. However, for 2015 and 2016, the final rule exempts from the fee any multiemployer plan which is both self-funded and self-administered. It is easy to determine whether the plan is self-funded. The key question is whether the plan is self-administered." (Cary Kane ERISA Lawyer Blog)


[Advert.]

Please join us for our 3rd Annual ftwilliam.com Customer Conference!

Sponsored by ftwilliam.com

Sign-up for our 3rd Annual ftwilliam.com Customer Conference, August 3-5 in downtown Chicago! Earn CE credits while learning about the latest industry news and trends, interacting with your peers, and learning more about your ftwilliam.com software tools.



[Guidance Overview]

IRS Final Rules on Health Coverage Information Reporting Include Combined Method
"In response to the proposed regulations, commenters requested combined Section 6055 and 6056 reporting for employers with self-insured plans that must report under both sections. The final regulations allow large employer members to use a single combined form.... According to the IRS, these forms will be available in draft form in the near future.... The final regulations also permit use of a substitute form to satisfy Section 6056, provided that the substitute form includes all the information required on Forms 1094-C and 1095-C." (Practical Law Company)

[Guidance Overview]

IRS Encourages Small Employers to Check Out Small Business Health Care Tax Credit
"[E]ligible small employers can claim the credit for 2010 through 2013 and for two additional years beginning in 2014. For 2010 through 2013, the maximum credit is 35 percent of premiums paid by eligible small businesses and 25 percent of premiums paid by eligible tax-exempt organizations. In 2014, the maximum credit rate rises to 50 percent for small businesses and 35 percent for tax-exempt organizations." (Internal Revenue Service)

[Guidance Overview]

IRS e-file Form Submission Process for ACA Providers (PDF)
"The following ACA related forms can be submitted electronically : [1] Form 8947 - Report of Branded Prescription Drug Information is scheduled to be ready for electronic filing in the fall of 2014. [2] Form 8963 -- Report of Health Insurance Provider Information. [3] Form 8453-R - Declaration and Signature for Electronic Filing of Forms 8947 and 8963." (Internal Revenue Service)

[Guidance Overview]

ACA Developments: Basic Health Program, Provider Nondiscrimination, Rejection of Constitutionality Challenge
"The final rule modifies the proposed rule by creating an intermediate step of 'interim certification,' allowing states to receive approval for their basic program design choices and the structure of their BHP from CMS before they establish all of the details of their program.... The BHP payment amount is based on multiple 'rate cells' within each state." (Timothy Jost in Health Affairs Blog)


[Advert.]

IHC FORUM & Expo - HealthCare Consumerism: The Solution for HealthCare Reform

Sponsored by Institute for Healthcare Consumerism (IHC)

The 2014 IHC FORUM & Expo conference is host to industry-wide collaboration and education during one of the most monumental shifts in our industry's history. May 7-9, 2014 - Cobb Galleria Centre in Atlanta, GA LEARN MORE & REGISTER!



Proposed Medicare Part D Drug Changes Are Scrapped
"Marilyn Tavenner, the Medicare agency administrator, said the drug-coverage provision and some other proposed changes to pharmacy networks and drug plans would be shelved for now. Ms. Tavenner said the agency would 'engage in further stakeholder input before advancing some or all of the changes in future years.' She added that the agency planned to proceed with other proposals in its January document related to consumer protections and antifraud provisions that have bipartisan support." (The Wall Street Journal; subscription may be required)

CMS Puts Bulk of Part D Proposed Rule on Hold
"While the proposed rule is on hold for now, CMS said it plans to 'engage in further stakeholder input before advancing some or all of the changes in these areas in future years.' As of March 7, the final day for comments, CMS had acknowledged receiving about 5,800 comments on its proposed rule, most of which were in opposition." (HighRoads)

Employee Mobility and the ACA
"What should employers know about foreign nationals working here and U.S. workers abroad? For one, foreign nationals on assignment in the United States who become residents for income-tax purposes will be subject to the ACA's 'minimum essential coverage' [MEC] requirement, unless another exemption applies.... [G]uidance issued by the [DOL] earlier this year opens the possibility that coverage under a foreign insured plan for that country's expatriates may also qualify as MEC, satisfying the individual mandate for foreign employees working in the United States." (Human Resource Executive Online)

Disability Benefit Underpayment Claim Accrues When Benefit Calculated
"Calling it an issue of first impression in the [First] Circuit, the court 'rejected Riley's argument that the ERISA plan must be treated as a continuing violation or as an installment contract, with a new accrual date starting a new limitations period for each payment.' ... The court distinguished between a case in which there are separate violations of the same type or character, which are repeated over time (in which case each violation might be a separate claim), and a claim 'based on a single decision that results in lasting negative effects' (in which there is a single claim accruing when the decision is made)." [ Riley v. Metropolitan Life Ins. Co. , No. 13-2166 (1st Cir. Mar. 4, 2014)] (Begos Brown & Green LLP)


[Advert.]

Seeking expertise in benefit administration trends and technologies - $50 for a 20 minute phone discussion

The Newton Strategy Group is engaging brokers/consultants serving benefits administration and HR managers involved in making selections around eligibility and/or enrollment vendors. Respondents familiar with third party SaaS software providers (e.g. Benefitfocus, bswift) are especially needed. Respondents who complete the study will receive a $50 Amazon gift card. Click here .



Wellness and the ACA: It's Not as Bad as You Fear!
Useful 9-page outline describing the May 29, 2013 final regulations. (WellnessRebates)

When Treating Everyone the Same May Not Work: Working with the California Public Employee Equal Contribution Rule
"The equal contribution rule generally requires a [California Public Employees' Medical and Hospital Care Act (PEMHCA)] employer to pay the same amount toward health insurance premiums for its retirees as it does for its active employees.... One way for a PEMHCA employer to potentially save money is to lower its equal contribution commitment for both actives and retirees to the PEMHCA minimum and then separately subsidize actives' and retirees' health care premiums through the use of cafeteria plans or health reimbursement arrangements (HRAs)." (Focus on Public Benefits)

CBO Director's Comments About Projections for Federal Health Care Spending
"[CBO projects] that, under current law, net federal spending for major health care programs will increase from about 4 percent of GDP in 2013 to more than 6 percent of GDP in 2024 ... [T]he number of people under age 65 without health insurance will fall sharply over the coming decade, from 57 million to 31 million.... [T]he number of beneficiaries of Medicare will increase by more than a third over the next decade.... [S]pending per person in Medicare will increase much more slowly during the next decade than it has during the past few decades.... [M]ost federal spending for health care in 2024 will support care for people over age 65 -- notwithstanding the expansion of subsidies for people under age 65." (Congressional Budget Office)

New Hampshire Medicaid Expansion Will Include Subsidies for Employer-Provided Coverage
"[T]he New Hampshire Senate on Thursday voted to expand Medicaid to cover as many as 50,000 low-income residents using tens of millions of dollars in federal aid. About 12,000 residents who would qualify for coverage would be given subsidies to pay for insurance through their employers. Thousands more would receive subsidies to buy private insurance through the state's health-care exchange." (The Washington Post; subscription may be required)

February Sees Increased Enrollment from Previously Uninsured, But Only 53% Have Paid
"Previously uninsured respondents accounted for 27 percent of February respondents who reported having selected a new 2014 product ... up from 11 percent in earlier surveys. In total, 10 percent of all previously uninsured February respondents said that they had enrolled in a product, up from 3 percent in January. More than three-quarters of those who reported having obtained coverage also said they had paid their premium ... The payment rate was higher among the previously insured (86 percent) than among the previously uninsured (53 percent)." (McKinsey & Company)

[Opinion]

Private Exchanges and the Kardashians
"Last week I attended a national health care conference along with 150 of the country's top brokers and consultants. It was quickly evident that the hottest topic throughout the conference was private exchanges.... Most every consultant there had built one, bought one, partnered with one or was losing sleep over not having one. This is clearly the future of healthcare delivery. Even the hosting carrier was 'all in' on investing in the new enrollment platform. I was clearly missing something." (William Gallagher Associates)

Benefits in General; Executive Compensation

Failed Say-on-Pay Votes: Revisiting the Road to Recovery (PDF)
"[T]his is a good time to look back at companies that failed to secure majority support for their SOP proposals and assess what they did to turn things around the following year. [This article reviews] at those companies whose SOP votes failed during the 2012 proxy season [to] see how their SOP votes fared in 2013, as well as follow up to see how the companies with failed SOP votes in 2011 continued to fare in 2013. Finally, [this article looks] at the updated quantitative tests being used by ISS (Institutional Shareholder Services Inc.) to evaluate SOP proposals and the implications of such tests for companies trying to recover from a failed SOP vote and/or trying to avoid a SOP failure in 2014." (Exequity via Bloomberg BNA Pension & Benefits Daily)

Long-Term Incentives: The Continuing Shift to Performance-Based Awards
"The most significant changes observed [between 2011 and 2013] were: ... [1] The percentage of companies granting performance plan awards increased from 60% to 67%, while the percentage of companies granting performance-based restricted stock increased from 23% to 26%.... [2] The percentage of companies granting stock options in the last three years decreased from 67% to 61%, continuing the trend of the past decade or so since the advent of stock option expensing.... [3] Total shareholder return (TSR) continues to be the most prevalent metric for performance plan awards, with a 45% prevalence in 2012." (Towers Watson)

Press Releases

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