Benefits Associate
Ogletree Deakins
in OR

Health & Welfare Project Manager
Towers Watson
in MA, NJ, PA, VA

401(k) Administrator
Heartland Consulting Group, Inc.
in KS, MO

Sr. ERISA Consultant
Empower Retirement
in WI

Defined Contribution Analyst
Aon Corporation
in MD

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DOL Proposal On ERISA Fiduciary Status For Investment Advisers
June 9, 2015 WEBCAST
(National Society of Compliance Professionals [NSCP])

All-Day Seminar with Derrin Watson
June 16, 2015 in MN
(ASPPA Benefits Council [ABC] of Greater Twin Cities)

IRA Basics
June 16, 2015 WEBCAST
(Ascensus)

Form 5500 Update: New Issues and Best Practices for the 2014 Filing Season
June 18, 2015 in NY
(Worldwide Employee Benefits Network [WEB] - New York Chapter)

Safe Harbor 401(k) - Appleton
June 25, 2015 in WI
(SunGard Relius)

Advanced Cross-Tested Plans: Adding More Tools - Appleton
June 26, 2015 in WI
(SunGard Relius)

IRA Conversions
July 28, 2015 WEBCAST
(Ascensus)

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International Foundation of Employee Benefit Plans [IFEBP]

DOL Publishes New FMLA Notice and Medical Certification Forms
"In the instructions to the health care provider on the certification for an employee's serious health condition, the DOL has added the following simple instruction: 'Do not provide information about genetic tests, as defined in 29 C.F.R. section 1635.3(f), genetic services, as defined in 29 C.F.R. section 1635.3(e), or the manifestation of disease or disorder in the employee's family members, 29 C.F.R. section 1635.3(b).' DOL added similar language to the other medical certification forms as well." (FMLA Insights)

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Patient-Centered Outcomes Research Fee on Health Plans Is Due July 31
"The PCOR fee is assessed based on the number of employees, spouses and dependents that are covered by the plan. The fee is $1 per covered life for plan years ending before Oct. 1, 2013, and $2 per covered life thereafter, subject to adjustment by the government. For plan years ending between Oct. 1, 2014, and Sept. 30, 2015, the fee is $2.08. The Form 720 instructions are expected to be updated soon to reflect this increased fee." (McGladrey)

FSA, HRA, HSA Comparison Chart
"The minimum deductible for an HSA compatible HDHP plan remains at $1,300 for self-only coverage and $2,600 for family coverage. The 2016 HDHP out-of-pocket maximums will be $6,550 for single coverage and $13,100 for family coverage, an increase of $100 and $200 respectively. Also new for 2016, is the requirement that all plans limit the maximum out-of-pocket incurred by any one person to the single out-of-pocket limit of the plan, even if the individual is enrolled in family coverage." (Marsh Consulting Group)

EEOC Proposes Clarification of Application of ADA to Employer Wellness Program Incentives
"The Proposed Regulation clarifies that significant incentives may be offered to group health plan participants to encourage and reward participation in wellness programs without violating the ADA. However ... the Proposed Regulation imposes limits that would prohibit many employer wellness programs that the Joint Regulations currently permit and imposes a new notice requirement on employers." (Blank Rome LLP)

The Individual Mandate Under the ACA (PDF)
17 pages. "This report describes the individual mandate as established under the [ACA]. It also discusses the ACA reporting requirements designed, in part, to assist individuals in providing evidence of having met the mandate." [CRS Report R41331] (Congressional Research Service [CRS])

Massachusetts Attorney General Creates Safe Harbor from Requirements of State's Sick Leave Law
"Under the supplemental regulation, employers with PTO policies, including sick, personal, vacation, and/or combined PTO policies, that were in place as of May 1, 2015, and that provide employees the right to use at least 30 hours of paid time off during calendar year 2015, are deemed to be in compliance with the new law from July 1, 2015 through December 31, 2015, even though they might not technically satisfy all of the requirements imposed by the new law." (Littler)

Text of Amicus Brief Urging Supreme Court Review of Ninth Circuit Decision Allowing Participant to Seek Recovery of Benefits from Claims Administrator (PDF)
"The question in this case is not whether an ERISA plan beneficiary may bring suit under 29 U.S.C. Section 1132(a)(1)(B) to recover benefits due to him. Rather, the question is who he may sue.... The Ninth Circuit's reasoning appears to rest on a misconception that amici and their members are uniquely positioned to dispel. The panel seemed to believe that there is no difference between an ERISA plan administrator and a mere claims administrator.... As amici's members know well from serving as plan sponsors, insurers, and claims administrators, those roles are different indeed. In fact, the record in this very case highlights the stark contrasts between plan administrators and claims administrators. Unfortunately, however, the panel failed to appreciate that crucial distinction." [ Spinedex Physical Therapy USA Inc. v. United Healthcare of Arizona, Inc. , No. 12-17604 (9th Cir. Nov. 5, 2014; cert. pet. filed Apr. 24, 2015)] (American Benefits Council and America's Health Insurance Plans [AHIP])

Measuring the Optimism, Outlook and Direction of America on Employee Benefits (PDF)
"88% of respondents feel optimistic about the future; 75% feel 'in control' of their lives today. Yet, regarding their financial futures, less than one in five feel very secure, and only 18% are confident they could cover their current expenses in the event of a major injury or illness.... Nearly 95% of employees agree they are more likely to enroll in benefits they feel familiar with and educated about.... About half (49%) of surveyed employees identified cancer as their top health concern. Yet, enrollment in benefits like critical illness and accident insurance remains low." (Lincoln Financial Group)

The Post-Launch Problem: The ACA's Persistently High Administrative Costs
"Between 2014 and 2022, CMS projects $2.757 trillion in spending for private insurance overhead and administering government health programs (mostly Medicare and Medicaid), including $273.6 billion in new administrative costs attributable to the ACA. Nearly two-thirds of this new overhead -- $172.2 billion -- will go for increased private insurance overhead. Most of this soaring private insurance overhead is attributable to rising enrollment in private plans which carry high costs for administration and profits. The rest reflects the costs of running the exchanges, which serve as brokers for the new private coverage and will be funded (after initial startup costs) by surcharges on exchange plans' premiums." (Health Affairs)

Obamacare Insurance Premiums to Jump as Much as 51%
"According to states that have released rate requests, New Mexico's market leader Health Care Service Corp. is asking for an average premium spike of 51.6 percent; Tennessee's top insurer BlueCross BlueShield of Tennessee wants an average spike of 36.3%; Maryland's market leader CareFirst BlueCross BlueShield is requesting an average spike of 30.4%; and Oregon's top insurer, Moda Health, is seeking a 25% spike." (Breitbart)

Insurers Expect Larger Premium Rise for 2016
"Medical claim cost increases will remain in the high single digits. The growth in claims costs for 2015 [has] ranged from 7.2 percent for health maintenance organizations (HMOs) to 9.0 percent for indemnity fee-for-service plans ... Specialty drug cost and use will continue rising.... Similar to the prior year, the surveyed insurers agreed that the top three plan design changes in 2015 will involve wellness initiatives, accountable care organizations (ACOs), and narrow or tiered provider network offerings." (Society for Human Resource Management [SHRM])

Individual Coverage Outpaces Small Business-Sponsored Health Insurance in California
"[E]nrollment in California's small business market in 2014 dropped by 11% to 2.1 million enrollees. Meanwhile, enrollment in the individual market increased by 47% to 2.18 million ... While there is no historical data for comparison, the numbers appear to mark the first time that the state's individual market has outpaced small business enrollment[.]" (California Healthline)

Quality Now Trumps Quantity in Stats on Uninsured
"For years, the Current Population Survey conducted by the U.S. Census Bureau overestimated the number of people without health insurance. Last year, the Census Bureau revised the survey to correct the error, which was likely caused by the way the government asked Americans about their coverage. The fix ... should produce more-accurate estimates. But responses obtained with the new methodology aren't compatible with responses collected using the previous approach, making it harder to examine uninsured rates over the years at a crucial moment -- as Americans try to gauge the success of the Affordable Care Act." (The Wall Street Journal; subscription may be required)

DOL Regulatory Agenda, Spring 2015
EBSA items in the Proposed Rule stage include [1] Pension Benefit Statements; [2] Conflict of Interest Rule -- Investment Advice; [3] Amendment to Claims Procedure Regulation; [4] Revision of the Form 5500 Series and Implementing Related Regulations Under ERISA; [5] Coverage of Certain Preventive Services Under the ACA; [6] Fiduciary Requirements for Disclosure in Participant-Directed Individual Accounts Plans -- Timing of Annual Disclosure; and [7] Summary of Benefits and Coverage and Uniform Glossary. Items in the Final Rule stage include [1] Amendment of Abandoned Plan Program; [2] Electronic Filing of Apprenticeship & Training Notices, and Top Hat Plan Statements; and [3] Adoption of Amended and Restated Voluntary Fiduciary Correction Program. (Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL])

Treasury Department Regulatory Agenda, Spring 2015
IRS items in the Proposed Rule stage include [1] Application of Section 409A to Nonqualified Deferred Compensation Plans; [2] Implementation of Windsor; [3] Health Insurance Provider's Fee; [4] Nondiscrimination Relief for Closed Defined Benefit Plans; [5] Request for Information on Suspensions of Benefits Under the Multiemployer Pension Reform Act of 2014; and others. Items in the Final Rule stage include [1] HIPAA Portability: Special Enrollment Procedures, Tolling, and Interaction with FMLA; [2] Cafeteria Plans; [3] Accrual Rules for Defined Benefit Plans; [4] Determination of Minimum Required Pension Contributions; [5] Notice to Participants of Consequences of Failing to Defer Receipt of Qualified Retirement Plan Distributions; Expansions of Applicable Election Period and Period for Notices; [6] Reporting and Notice Requirements for Deferred Vested Benefits Under Section 6057; [7] Modifications to Minimum Present Value Requirements for Defined Benefit Plan Distributions; [8] Removal of Rollover Allocation Rule from Designated Roth Regulations; [9] Minimum Value of Employer Sponsored Coverage; [10] Health Insurance Premium Tax Credit Additional Issues; and [11] Coverage of Certain Preventive Services Under the ACA. (U.S. Department of the Treasury)

Midwest Business Group on Health Announces New Officers and Directors Midwest Business Group on Health

Ascensus Appoints New Regional Vice President Ascensus

MetLife Launches Retirement Income Insurance QLAC MetLife

MassMutual Appoints Michele Baldasarre to Manage Relationships with Institutional Retirement Plan Providers MassMutual

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