Practical HR Tips, News & Advice. Updated Daily.
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, […]
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 […]
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 […]
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. […]
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 […]
Some employee benefits such as child care and transportation benefits are soon to be offered to the same-sex domestic partners of military members, U.S. Department of Defense recently announced. Outgoing Secretary of Defense Leon Panetta indicated in Feb. 11 memo that the move was a step toward conferring benefits to same-sex partners that currently are only […]
New guidelines from the U.S. Department of Labor help defined benefit plan sponsors see and report exactly what’s changed for their calculation of pension plan liabilities under Moving Ahead for Progress in the 21st Century Act requirements. Several changes to ease funding requirements for DB plans arrived with the start of MAP 21’s transportation reauthorization […]
If small companies self-insure their health plans and in doing so can get stop-loss coverage with very low attachment points, they could siphon healthy lives away from the new insurance market designed by health reform to insure millions of new lives, the Urban Institute warned in a April 2013 report. The Institute explained that low […]
Health plans now may begin applying for the standard health plan identifier required by HIPAA, CMS has announced. The online application was posted March 29 on CMS’ Health Plan and Other Entity Enumeration System (HPOES). Most HIPAA-covered health plans, including employer group health plans, must obtain an HPID by Nov. 5, 2014, except that “small health […]
The health reform law provides that entities called “Navigators” will assist consumers and small businesses in researching health insurance exchanges — but stop-loss insurers for self-funded health plans won’t be one of them. Those insurers, as well as individuals and other entities with too close a financial relationship to such insurers, would be excluded from […]