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National Rural Electric Cooperative Association (NRECA)
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DC Retirement Board
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What's Left of Obamacare Requirements for Employer-Sponsored Health Plans
October 16, 2018 WEBCAST
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Text of IRS Rev. Proc. 2018-43: Monthly National Average Premium for Determining 2018 Maximum Individual Shared Responsibility Payment (PDF)

"For purposes of Section 5000A(c)(1)(B) and Section 1.5000A-4, the monthly national average premium for qualified health plans that have a bronze level of coverage and are offered through Exchanges is $283 per individual.... For purposes of Section 5000A(c)(1)(B) and Section 1.5000A-4, the maximum monthly national average premium for qualified health plans that have a bronze level of coverage and are offered through Exchanges is $1,415 for a shared responsibility family with five or more members." Internal Revenue Service [IRS]

Tenth Circuit Provides Roadmap for Plan Administrators in Analysis of AT&T Disability Benefit Denial

"The Plan consulted with five doctors from different areas of specialty, and all five concluded [the employee-participant] was not disabled.... The Tenth Circuit noted that the Plan did not expressly require objective evidence and was critical of the physicians' insistence upon objective evidence.... The Tenth Circuit found significant that one of the physician consultants rewrote his review on several occasions, not in response to new evidence, but in response to '[The administrator's] narrowly tailored leading questions.' " [ McMillan v. AT&T Umbrella Benefit Plan No. 1 , No. 17-5111 (10th Cir. Aug. 13, 2018)]
Thompson Coburn

District Court Rules Federal Railway Unemployment Insurance Act Completely Preempts Massachusetts Sick Leave Law

"The court concluded that the text of the [federal Railroad Unemployment Insurance Act (RUIA)] reflects a congressional intent to ensure that the RUIA is the exclusive source of all sickness benefits for railroad employees and to preclude the employees from claiming rights to sickness benefits under any comparable state law [such as the Massachusetts Earned Sick Time Law]." [ CSX Transp., Inc. v. Healey , No. 15-12865 (D. Mass. Aug. 10, 2018)]
Littler

Retiree Health Benefits Education: What Boomers Want and Need

"If you offer an HSA, it's important that Baby Boomers understand how a health savings account works with Medicare.... For those just a few years out from retirement, your education plan may include helping them understand eligibility requirements for both Social Security and Medicare, as well as any penalties that might arise from applying late to Medicare.... If you have a health & wellness program in place, take measures to boost participation and steer employees, especially older participants, toward healthy habits to help them live well and be productive." Corporate Synergies

Ohio Tells Medicaid PBMs That 2019 Will Be a Time for Transparent Contracts

"Less than 2 months after receiving a report showing that pharmacy benefit managers (PBMs) in Ohio billed taxpayers 8.8% more for medications used by those in the state's Medicaid program, the state this week said it is ending its contracts with all of its PBMs and starting over in transparent contracts." American Journal of Managed Care

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Premium Tax Credits Are the Individual Market's Stabilizing Force

"[T]his year is shaping up to be not only the most profitable one for insurers selling plans in the individual market since the marketplaces opened in 2014, but also the most profitable year insurers have ever had in the individual market -- including the years preceding the ACA.... The ACA's premium tax credits, along with the law's preexisting-condition protections, have made the individual market a much more viable alternative for families of modest income who lose, or have never had, job-based health benefits." The Commonwealth Fund

District Court Concludes Multiple Individual Insurance Policies Were ERISA Plan Due to Employer's Involvement

"Unlike this court, other courts have concluded that premium discounts do not constitute an employer contribution for purposes of the safe harbor. Key distinguishing elements seem to be the extent of the employer's involvement in negotiating the discount and the presence of other factors indicating employer endorsement[.]" [ Bommarito v. Nw. Mut. Life Ins. Co. , No. 15-1187 (E.D. Cal. July 23, 2018)
Thomson Reuters / EBIA

Institutional Shareholder Services Releases its 2019 Policy Survey Questionnaire

"The Survey includes questions regarding the following compensation and corporation governance matters: [1] The ISS quantitative pay-for-performance methodology for evaluating U.S. and Canadian companies. [2] Non-employee director pay. [3] Gender diversity on Boards. [4] Board qualifications matrix. [5] Director accountability for service on other Boards." Meridian Compensation Partners, LLC

CEO Compensation Surged in 2017

"The first measure includes stock options realized (in addition to salary, bonuses, restricted stock grants, and long-term incentive payouts). By this measure, in 2017 the average CEO of the 350 largest firms in the U.S. received $18.9 million in compensation, a 17.6 percent increase over 2016.... The 2017 CEO-to-worker compensation ratio of 312-to-1 was far greater than the 20-to-1 ratio in 1965 and more than five times greater than the 58-to-1 ratio in 1989 ... [The authors also track] the value of stock options at the time they are granted. By this measure, CEO compensation rose to $13.3 million in 2017, up from $13.0 million in 2016." Economic Policy Institute

Make New Employees Pay a Higher Contribution Percentage for Health Care?

An employer currently charges its employees 25% of the health premiums, and pays the other 75%. Going forward, the employer wants to charge any new incoming employees 50% for health premiums, but have the existing employees continue paying the 25%. That would result in the existing employees getting 75% of premiums as employer contribution, while new employees would only be getting 50%. Is this legal? BenefitsLink Message Boards

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Most Popular Items in the Previous Issue

Legislation Would Expand HSAs and Repeal or Delay ACA Taxes Willis Towers Watson

Beware of Health Care Consultants' Preferred Partnerships CFO

The ERISA Industry Committee Files Lawsuit Against City of Seattle The ERISA Industry Committee [ERIC]

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SageView Supports Southeast Growth with Addition of Stacy Walters SageView Advisory Group

Houston Police Union Initiates Retirement Plan with OneAmerica OneAmerica

TRA Announces the Launch of New Website The Retirement Advantage [TRA]

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