Part Time On Call Retirement Planning Consultant
Transamerica Retirement Solutions
in AR, CA, HI, MO, NJ, NY, TN, UT

Consulting Actuary
Transamerica Retirement Solutions
in MA

Consultant - Health & Welfare
Lee Jost and Associates, a division of Benefit Plan Administration of Wisconsin, Inc.
in WI

Plan Consultant
Transamerica Retirement Solutions
in MA

Document Specialist II
Verisight, Inc.
in MN

Team Lead
Verisight, Inc.
in CA

Intermediate Project Manager
Transamerica Retirement Solutions
in MA

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A Day with Ilene Ferenczy
March 31, 2014 in CA
(San Diego County Chapter of NIPA)

Ins and Outs of Automatic Contribution Arrangements
April 3, 2014 WEBCAST
(American Society of Pension Professionals & Actuaries (ASPPA))

Health Care Management Conference
April 7, 2014 in FL
(International Foundation of Employee Benefit Plans)

Handling IRA Legal Issues
April 22, 2014 WEBCAST
(Ascensus)

Prepare for PPA with 2 Webcasts from ASCi!
April 23, 2014 WEBCAST
(ASC Institute)

IRA Beneficiary Distributions
April 24, 2014 WEBCAST
(Ascensus)

7th National Forum on ERISA Litigation
April 28, 2014 in IL
(American Conference Institute)

4th Annual Prevention & Wellness Congress
May 7, 2014 in CA
(World Congress)

View All Webcasts and Conferences

Final ACA Information Reporting Requirements for Employers
"Each member of a controlled group of companies must file its own information return.... While this is consistent with how the employer penalties under Code Section 4980H are assessed, it creates complications for corporations with multiple subsidiaries.... All employers may utilize the general method for the required reporting, even if an alternative method of reporting is available. A separate return is required for each full-time employee, just as is the case with Forms W-2." (Kilpatrick Townsend)

Stacking Transition Relief Under the Final Employer Shared Responsibility Regs
"The preamble to the final regulations specifically state that applicable large employers [ALEs] can combine or, as described here, 'stack' different types of transitional relief under certain circumstances. Note that ALEs who qualify for the mid-sized employer transition guidance, and who therefore have no pay or play responsibilities in 2015, will not need and cannot use transition relief for non-calendar year plans[.]" (E is for ERISA)

2015 Payment Notice CMS-9954-F: SHOP-Specific Policies and Parameters (PDF)
25 presentation slides. Topics include: [1] QHP enrollment via agent/broker websites; [2] Functions of a SHOP: stand-alone dental plan (SADP) options, quarterly rate updates, premium calculation processes, proration of FF-SHOP premiums, and premium contribution options; [3] Application standards for SHOP: SHOP information collection standards; [4] Eligibility determinations in SHOP: prohibition of individual market eligibility determination; [5] Additional standards specific to SHOP: qualified employer rating in SHOP, composite rating in FF-SHOPs, and issuers effectuate FF-SHOP coverage; [6] Proposed future rulemaking. (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services)

Final Regs Address New IRS Information Reporting for Enforcement of Individual Mandate, Premium Tax Credit, and Employer Shared Responsibility Requirements
"Although the 2016 compliance dates for the first returns and statements may seem a long way off, the implementation horizon for many affected organizations will be long as well. Employers, insurers, and service providers that will facilitate reporting will need to study the regulations carefully and watch for drafts of the required forms, which the IRS promises will be released in the near future." (Thomson Reuters / EBIA)

Final Regs Provide 2015 Payment Parameters, Including Standards for Reinsurance and Risk Corridor Programs
"The regulations finalize technical and actuarial details which are primarily of interest to insurers (including criteria for updating the Actuarial Value Calculator insurers use to determine the value of health plans in the individual and small group markets), but many provisions will interest plan sponsors and their advisors (particularly the reinsurance fee amount for 2015). The preamble includes a massive amount of detail, including a description of numerous rules HHS is considering issuing in the future[.]" (Thomson Reuters / EBIA)

[Advert.]

Why Is This Guy Still on My Health Plan?

This March 27 webinar will discuss how to formally investigate whether the right individuals are participating in your plan, and how to address a participant or beneficiary who should not have been initially enrolled. Special BenefitsLink discount .

IRS Affirms Tax Treatment of HRA Established to Replace Bankrupt Employer's Retiree Benefits
"This private letter ruling involves a fairly unusual situation, but it is still notable for its use of HRAs as the vehicle for funding a fixed-dollar settlement of an employer's retiree medical obligations.... And while the ruling explicitly states that no opinion is expressed as to the application of IRS Notice 2013-54 [which provides guidance on health care reform's application to HRAs] ... this strategy for dealing with the employer's retiree medical obligation appears to depend on the retiree-only exception from health care reform's annual limit restrictions and preventive health services mandate." (Thomson Reuters / EBIA)

New York City's Revised Earned Sick Time Act Becomes Effective on April 1
"The Amended Act now immediately applies to private employers with five or more employees and employers with one or more domestic workers.... The Amended Act added the grace period for Manufacturing Employers ... and employers with between five and nineteen employees to respond to concerns raised by small business in connection with the expansion of the Act." (Littler)

Administration Wants Fewer People to Get Insurance Cancellation Notices
"The administration has proposed laxer standards for defining what constitutes a modification of an existing insurance policy instead of the cancellation of a health plan. The proposal came in a batch of HHS rules and guidance issued around 7:15 pm on a Friday.... The HHS rule dump contained all sorts of policy proposals that will influence how Obamacare is implemented in 2015 and beyond. That includes this new policy on plan cancellations." (The Washington Post; subscription may be required)

SHOP Exchanges Taking a Slice of Small Biz Market
"[T]hree factors will determine the market impact of the SHOP exchanges: [1] Uncertain market rates for plans available on the exchanges: Rates could mimic premium increases seen in the individual market due to benefit structure requirements; or volume and risk pooling could reduce overall premiums. [2] The attractiveness of medical underwriting for certain industries with lower risk profiles and uncertainty about the negatively self-chosen market that remains. [3] The evolution of private exchanges that may allow more medically underwritten rates at a group level." (HealthLeaders Media)

HIPAA Settlement Addresses Noncompliance with Privacy, Security, and Breach Notification Rules
"[T]he county apparently made an effort to contact some affected individuals but had not adopted adequate procedures or conducted sufficient workforce training to ensure compliance with the breach notification requirements. Breaches of PHI are sure to invite scrutiny from HHS, so it is crucial for covered entities to have -- and apply -- breach notification policies and procedures that reflect the legal requirements, including the four-factor risk assessment in the final HITECH regulations." [ HHS Resolution Agreement: Skagit County, Washington (Mar. 6, 2014)] (Thomson Reuters / EBIA)

CMS Regs: ACA Navigators Don't Need E&O Coverage
"In the section of the rules discussing navigators, the [ proposed regulations state] 'a state or an exchange must not require that all navigators be agents or brokers or carry errors and omissions coverage.' Further, the rule says that if navigators were to be required to carry E&O insurance, this would disqualify them from being considered a 'community and consumer-focused nonprofit group.' ... The rule is largely a directive to states, so they do not begin any sort of E&O requirement, but Peter Marathas, partner at Proskauer Rose LLP ... says that brokers should be watching navigator regulations closely." (Employee Benefit Adviser)

84 Percent of Americans Concerned About Health Care Costs in Retirement
"Fidelity's research suggests many Americans greatly underestimate the amount of savings they may need to cover health care costs in retirement. A study last year of pre-retirees (ages 55-64) found that nearly half (48 percent) of respondents believe they will need about $50,000 to pay for their individual health care costs in retirement. In contrast, Fidelity's annual Retiree Health Care Cost Estimate, which has estimated the cost of healthcare in retirement every year for more than a decade, has found that the average couple could expect to spend more than $220,000 in healthcare expenses over the course of their retirement." (Fidelity)

ML Strategies Health Care Update, March 17, 2014 (PDF)
Topics include: [1] SGR fix advances in the House, action planned in Senate; [2] Senate presses HHS for details on budget following House testimony; and [3] House lawmakers warn against Medicare Advantage cut. (ML Strategies, LLC)

The Public Sector Lags Behind Private Employers in Short-Term Disability Benefits (PDF)
"Although disability coverage is considered a staple in most employee benefits packages, research shows state and local government employees have more limited access to disability insurance than the private sector. The Bureau of Labor Statistics reports only 23% of state and local government workers have access to short-term disability insurance. Yet 39% of employers in private industry offer this coverage to their employees. Why the discrepancy?" (Colonial Life)

A Better Way to Cut Medicare Spending
"The reform consists of two changes to current law: [1] raising the Medicare eligibility age to the same age as Social Security (and thereafter indexing it to increases in longevity) and [2] requiring higher income seniors to pay a greater share of their medical costs (or so-called means testing). This reform ensures that low income workers receive full benefits (defined as the average benefits retirees would receive if the ACA's cost-cutting provisions are not realized) upon attaining the new eligibility age." (John Goodman's Health Policy Blog)

Framing Medicare Reform (PDF)
"Social Security and Medicare provide for a large share of many retirees' consumption and thus reduce the amount of savings necessary for their retirement years. The degree to which the combined programs replace preretirement compensation has been rising for successive groups of new retirees, and consequently their required savings rate is lower. This analysis contrasts the replacement rates under two forecasts: the baseline, or current law, forecast presented in the 2013 Medicare Trustees Report and the Trustees Report's alternative forecast.... Should spending continue to grow at the rates underlying the alternative forecasts, Medicare's insurance value, once premiums are netted out, grows as a percent of retirees' preretirement average compensation." (Private Enterprise Research Center, Texas A&M University; via National Center for Policy Analysis)

Sizing Up Exchange Market Competition
"Analysis of the early results suggests a diversity of results across states. On one hand, two large states, California and New York, appear to be noticeably more competitive than their 2012 individual markets as a whole. On the other hand, exchanges in Connecticut (where two major insurers decided not to participate in the exchange) and Washington appear to be less competitive than their individual markets were in 2012. In some cases, market share among insurers has shifted significantly under the ACA, including some notable examples of new entrants picking up substantial enrollment." (Kaiser Family Foundation)

Can Congress Put an End to Annual Medicare Payment Ritual?
"Congress is still searching for money to avoid a 24 percent cut in pay for doctors who treat Medicare patients. But seniors are already paying their share of the cost in premiums, as if the pay cut -- scheduled to kick in on April 1 -- won't happen.... Instead of replacing the formula as enacted, Congress is likely to delay the cut until the end of the year, when they will face the same dilemma again. In addition to the anxiety this annual ritual provokes in many patients and their doctors, a premium subsidy for some low-income Medicare beneficiaries is also in jeopardy." (Kaiser Health News)

District Court Allows McCutchen Defendants to Amend Fiduciary Breach Claim to Rely on Actual Plan Document Rather than SPD
"Under normal circumstances, this Court would be loath to allow amendment of the pleadings and a reopening of discovery nearly six (6) years after commencement of the case. Here, however, the Court is troubled by US Airways' untimely production of the Plan documents and its disingenuous contention that Defendants failed to request the Plan document.... The Court finds US Airways' reasons for its failure to produce the Plan to be woefully inadequate. Justice, therefore, requires that Defendants be granted leave to amend to allow a determination regarding whether the Plan documents allow for reimbursement, and whether US Airways, as the Plan Administrator, breached its fiduciary duty to Mr. McCutchen." [US Airways v. McCutchen et al., No. 2:08cv15t93 (W.D. Pa. Mar. 17, 2014)] (U.S. District Court for the Western District of Pennsylvania)

Illuminating Case on the Tax Effect of Forfeitures and Clawbacks
"One of the many unresolved issues in the area of compensation clawbacks ... is the tax effect to the executive who must return the compensation.... [This issue] generally is determined under Code Section 1341, the so-called 'Claim of Right Doctrine' ... However, Section 1341 and the case law and rulings relating to it have not been well-defined. Now comes a decision out of the U.S. Court of Claims ... granting a partial victory to Joseph Nacchio (and his wife), who was convicted of insider trading in a high-profile 2007 verdict, by allowing them to press their case to deduct the amounts forfeited upon the conviction as a loss under Code Sections 165 and 1341." [ Nacchio et al. v. U.S. , No. 12-20T (Cl. Ct. Mar. 12, 2014)] (Winston & Strawn LLP)

2014 Group Benefits Broker Survey Results ? Business Clients Do Not Have SPDs HR360, Inc.

Healthcare Trends Institute Launches HealthDifference Awards Healthcare Trends Institute

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