Pension Funding Relief Enacted for Multiemployer Funds
Following many months of lobbying by companies and employee benefits organizations, pension funding relief provisions have finally been enacted. H.R. 3962, the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, which was signed into law on June 25, 2010, provides much-needed defined benefit plan funding relief for employers in today’s difficult economic environment. Read more.
More Health Care Reform Guidance on Preexisting Condition Exclusions, Dollar Limits, Rescissions, and Patient Protections
The federal agencies responsible for implementing the health care reform law have issued interim final regulations that provide guidance on the application of the new rules on preexisting condition exclusions, dollar limits, rescissions, and patient protections. They refer to these provisions as being part of the “Patients’ Bill of Rights” under the new law.
Read more.
Final Guidance on Sound Incentive Compensation Policies Applicable to Banking Organizations
The agencies responsible for supervising banking organizations have issued final guidance on sound incentive compensation policies to assist banking organizations in designing and implementing incentive compensation arrangements that effectively consider potential risks and risk outcomes. The final guidance retains the same key principles as in proposed guidance issued in October 2009, but includes clarifications to address issues raised by commenters. Read more.
DOL FAQ Makes Mental Health Parity Compliance Easier for Plan Sponsors
In July 2010, the DOL posted a new frequently asked question (FAQ) to its website that provides welcome relief to many plan sponsors who were attempting to comply with the interim final regulations under the 2008 mental health parity law. This important new guidance will make it easier for some plans to comply with the parity requirements without expanding mental health benefits to 100 percent coverage or losing grandfather status under the new health care reform law. Read more.
HHS Releases Final Application and FAQs for Early Retiree Reinsurance Program
The Department of Health and Human Services (HHS) has issued the final application for the early retiree reinsurance program (ERRP) included in the new health care reform law. Importantly, HHS also issued FAQs clarifying that eligibility for reimbursement through ERRP will be based on when claims are filed and processed and not when the application to participate in the program is submitted. Read more.
Financial Reform Law Will Impact Executive Compensation and Corporate
Governance Practices
A week after the Senate approved the Dodd-Frank Wall Street Reform and Consumer Protection Act, the financial reform legislation previously approved by the House of Representatives, President Obama signed the legislation into law on July 21, 2010. Along with sweeping financial reforms, the legislation contains provisions that will affect executive compensation and corporate governance practices at publicly held companies. Read more.
COBRA Subsidy Has Expired — At Least for Now
A statement issued by Assistant Secretary of Labor Borzi confirms that individuals who are involuntarily terminated from employment after May 31, 2010, are not eligible for the COBRA subsidy enacted last year. The DOL also has posted model notices to its website that should be used for qualifying events after that date. Read more.
Supreme Court Allows Employer Review of Employee’s Text Messages
In City of Ontario, California v. Quon, the Supreme Court unanimously upheld a government employer’s review of an employee’s personal text messages because there was a legitimate work-related reason and the review was “not excessively intrusive.” Read more.
Preventive Care Guidance for Non-Grandfathered Health Plans Released
The agencies responsible for enforcing the health care reform law have released interim final regulations detailing the preventive care coverage requirements applicable to non-grandfathered health plans. Like other recent guidance, these regulations answer many questions, but raise others. As plan sponsors consider plan changes that could cause loss of grandfathered status, these rules help plans quantify the potential financial and administrative impact of its loss. Read more. |