Tag: benefits

Perks, Insurance, and Atypical Benefits–How Do You Compare?

Beyond health insurance and retirement benefits (covered in previous surveys), the number one perk provided by the employers responding to our survey was paid holidays, with 91% percent of them offering it. Other highlights: Flextime is offered by 53% of respondents. About 33% relax their dress code in the summer, at least for some employees. […]

Wells Fargo Finds More Older Workers Took 401(k) Plan Loans in 4Q

Although many 401(k) plans offer participants loans, a statistic that plan sponsors don’t want to see is the number and size of those loans increasing. But some of them are seeing just that, according to Wells Fargo. A recent study by the banking company of fourth-quarter 2012 activity at the defined contribution plans it administers […]

Colorado House Passes Bill Scrutinizing and Limiting Stop-loss

On April 22, the Colorado House of Representatives passed legislation regulating stop-loss through minimum attachment points, and requiring stop-loss insurers to give the commissioner information about their self-insuring clients with 100 and fewer full-time equivalents. The bill also would give the insurance commissioner authority to unilaterally raise minimum stop-loss attachment points based on medical price […]

COBRA Extension Notice Needed Despite Awareness of Disability

Group health plan terms clearly explained that the plan administrator had to be notified of a disability determination within 60 days in order to trigger an 11-month COBRA extension; therefore, the plan administrator was justified in denying the extension when notice was received five months after the determination was issued, a federal district court in […]

Reductions in Transitional Reinsurance Fee Are Possible but Unlikely

Employers might pay less than $63 per covered life per year under health reform’s transitional reinsurance fee rules, but that would require a surplus in the fund, a U.S. Department of Labor official told an employer plan industry group on April 18 in Washington, D.C. Even though possible, such a reduction would be contingent on: […]

3rd Circuit Rejects Call to Change $3K COBRA Notice Penalty

In rejecting a qualified beneficiary’s attempt to increase a nearly $3,000 COBRA notice penalty, the 3rd U.S. Circuit Court of Appeals noted that the employer/plan administrator’s efforts to remedy the violation did not warrant any higher award. The court also rejected the individual’s request for the reimbursement of medical expenses and attorney’s fees. But in […]

McCutchen Ruling Gives Reason to Reevaluate ERISA Plan Terms

It is clear based upon the U.S. Supreme Court decision in U.S. Airways v. McCutchen that ERISA health plans should consider modifying their plan provisions to expressly negate the application of the common fund rule in the future. This decision represents a victory and a reminder. The McCutchen ruling (No. 11-1285 (U.S. Ct., April 16, […]

Supreme Court in McCutchen: Clear Plan Terms Prevail Over Broad Equitable Remedies

Clear plan document terms in ERISA group health plans are the best defense against legal claims asserting broad equitable remedies, the U.S. Supreme Court reinforced in an April 16 decision. In its holding, the Court affirmed that equitable theories, such as make-whole, common fund, unjust enrichment and double-recovery doctrines should not be allowed to override […]

3 Ways Employers Can Improve Benefits Communication

Any employee benefit program will better meet its objectives if an employer communicates about it effectively. And perhaps no other employee benefit plan requires as much careful attention to employee communication as a 401(k) plan (see ¶102 in Thompson’s The 401(k) Handbook). Pre-tax 401(k) plans are unlike employee savings plans that use after-tax contributions, and […]

ACA play or pay: Employer Q&A

Employers making the decision to play or pay under the Affordable Care Act (ACA) have a lot of questions right now because the mandate to provide insurance to full-time employees goes into effect January 2014. In a recent CER webinar, Ashley Gillihan explained some of the factors that employers should consider when making this decision. […]