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Gross Misconduct Means No COBRA, But … Termination for gross misconduct is not a qualifying event under COBRA, so COBRA continuation coverage does not have to be offered to an employee and his or her spouse and dependent children if the employee was terminated for gross misconduct. Unfortunately, the term “gross misconduct” is not defined […]
Incentive comp is certainly on the front burner these days as companies struggle with strapped budgets and weary employees. It’s not getting easier for comp professionals. But what’s happening in the real world? Who’s paying what to whom? Let’s find out. Please participate in this brief survey and we’ll determine just what employers are offering […]
Employers and plan administrators that have a hard time choosing the version of the Form 5500 to file for earlier plan years, and which schedules to file, now have some help. That assistance comes from none other than the Department of Labor (DOL) — one of the agencies that imposes the filing requirement in the first […]
If a plan participant needs a special diet that costs more than an ordinary, everyday diet, or had to have a hearing aid repaired, he or she can deduct those expenses. Specially Prepared Foods In Information Letter 2011-0035, the IRS said that if an individual consumes a special diet for medical reasons, the amount by […]
It’s important to disclose information through ERISA-required documents properly: it can be a plan administrator’s last line of defense if participants allege that they suffered losses because they didn’t know their rights or important plan terms. That obligation has grown in response to the financial scandals of the last decade (Enron, WorldCom, mortgage-leveraged bonds, etc.). […]
If I call colleagues in other companies to see what they are paying, am I creating a Sherman Anti-Trust Act violation? It’s likely, but there are safe harbor provisions, says Bottos, Vice President of Compensation at data provider Kenexa. Her suggestions came at a recent webinar sponsored by the company. What’s the Practice in the […]
It has now been almost a year since health care reform was first enacted. The first year involved many compliance challenges, not the least of which was keeping up with the many pieces of guidance issued by DOL, IRS and HHS. Plans had to expand coverage (more dependents, fewer dollar limits, no more questions about […]
Although the COBRA statute never defined gross misconduct — leaving it up to the courts — no dictionary is needed when an “out-of-control” employee screams profanities at and makes seemingly threatening hand gestures toward another employee, saying she would “get” hers. This behavior was “so manifestly so outrageous and extreme as to constitute gross misconduct,” […]
Perhaps employers have been mistaken in assuming they never have to worry about a worker’s commute when accommodating a sickness or disability. In certain circumstances, an employer may be required to assist with an employee’s commute, the 2nd Circuit says in a recent opinion (Nixon-Tinkelman v. New York City Department of Health and Mental Hygiene). […]
Health care reform may be responsible for a rise in partisan bickering, but what is also rising is the number of young adults with health insurance — 1 million more since last year, according to the U.S. Department of Health and Human Services (HHS). In the first quarter of 2011, the percentage of adults between […]