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Oklahoma’s Attorney General has revived his state’s challenge to the federal health reform law, this time targeting the law’s employer mandate. The state’s amended complaint at the U.S. District Court for the Eastern District of Oklahoma seeks to overturn an IRS regulation allowing some consumers to get federal subsidies to buy insurance on health insurance […]
Curbing FMLA/CFRA abuse is complex. Employers must continue to meet their obligations to employees under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), yet they often fear claims of discrimination, harassment, or retaliation when rightfully trying to cut down on employee FMLA/CFRA abuse situations. Additionally, the case law […]
In some years, Sept. 23 represents the Autumn Equinox, but in 2012 for health plan sponsors and administrators, it triggers the compliance date for a key disclosure requirement under health reform: the distribution of summaries of benefits and coverage, beginning with open enrollment periods and/or plan years that begin on or after Sept. 23. Here […]
Retirees’ right to vested health benefits for life did not preclude a manufacturer of agricultural and construction equipment from reducing or restricting those benefits, the 6th U.S. Circuit Court of Appeals recently held in a split decision. In doing so, the circuit rejected the retirees’ argument that the company could not change the “scope” of […]
Plan sponsors that offer company stock in their retirement plan should watch carefully the results of a recent appellate court reversal that will allow participants in .’s defined contribution retirement plan to pursue an ERISA class action against the bank. They claim it endangered their savings by including company stock in their retirement plan shortly […]
While the focus of late has been on complying with disclosure requirements from the U.S. Department of Labor, the Securities and Exchange Commission has its own set of disclosure criteria that 403(b) plans must follow. Specifically, 403(b) contracts that offer variable investment funds are subject to the jurisdiction of the Securities Act of 1933, the […]
Under COBRA’s small-employer exception, employers with fewer than 20 employees do not have to offer COBRA coverage upon what would otherwise be “qualifying events.” This determination is made based on how many employees were employed, on average, during the prior calendar year. When purchasing group coverage, it is important for employers to be mindful of […]
Health risk assessments and biometrics, while an important source of wellness data, are not always the best place to start when implementing a wellness program, a wellness expert said in a Thompson Interactive webinar. “Think through your culture and what you’ve been doing,” said Brad Cooper, CEO of US Corporate Wellness. Many companies started with […]
Plans face new a new erosion of their powers to recover the full amount of benefits paid in third-party recovery cases. Attorneys with Epstein Becker and Green discussed these and other trends in a Sept. 13 audio conference on benefit claim denial litigation. Plans Face Diminishing Ability to Recover The growing ability of plaintiffs to […]
Reimbursement rates for lodging, meals and incidental expenses for fiscal year 2013, which begins Oct. 1, will be frozen at FY 2012 levels, the U.S. General Services Administration announced Aug. 27. GSA is the arm of the federal government that sets travel policy for federal employees. The reimbursement rates, commonly called per diems, determine the […]