Mastering the New Retirement Plan Fee Disclosure Rules

PAST EVENT: January 17, 2012

Recording: Mastering the New Retirement Plan Fee Disclosure Rules

Deadlines for the new 401(k) and 403(b) plan fee disclosure requirements are upon us. After months of delays, employers now must comply with these rules or risk violating their fiduciary duties, thereby exposing themselves to personal liability. What are businesses doing to evaluate their practices and maintain compliance with these new regulations? Who is responsible for preparing and distributing these disclosures? Join us for a 90-minute webinar in which we’ll address these and other questions.

Program Highlights:

Participant Fee Disclosure Requirements:

• What impact will the new DOL fee disclosure regulations have on your plan?
• What steps should you take to comply?
• How can you establish protocols for responding to employee questions?

Service-Provider Disclosure Rules

• How do the service-provider regulations change the way you’ll work with 401(k) and 403(b) vendors?
• What should you expect from service providers in 2012?
• Are there tools you can use to negotiate new service agreements with your providers?

>>>Download a copy of the presentation Mastering the New Retirement Plan Fee Disclosure Rules

 

 

Health Savings Accounts: Employer Rights and Responsibilities

PAST EVENT: December 13, 2011

Recording: Health Savings Accounts: Employer Rights and Responsibilities

As consumer-directed health plans continue to grow in popularity, employers need to understand their options in this area.  One of those options is to offer their employees a health savings account (HSA), in combination with a high-deductible health plan (HDHP).  Although HSAs carry certain advantages, they are not for everyone (or for every employer).  In this webinar, we’ll examine the advantages and disadvantages of an HSA/HDHP combination.

Among the topics we’ll explore are the following:

• The special treatment of HSAs under both the Tax Code and ERISA,
• The Tax Code’s “comparability” rules for employer HSA contributions,
• The types of health coverage that will preclude an employee from making pre-tax HSA contributions,
• Comparisons to other types of consumer-directed health plans (such as HRAs and FSAs),
• The effect of health care reform on HSAs, and
• Steps employers can take to simplify the administrative burdens associated with HSAs.

Finally, we’ll present recent survey data on the extent to which employers (and their employees) are (or are not) jumping on the HSA bandwagon.

>>>Download a copy of the presentation Health Savings Accounts: Employer Rights and Responsibilities

 

 

The Latest on Wellness Programs: What Can Employers Legally Do to Increase Participation?

PAST EVENT: November 8, 2011

Recording: “The Latest on Wellness Programs: What Can Employers Legally Do to Increase Participation?”

Employer wellness programs are now a part of the benefits landscape. And employers that have tried the “soft” approach to implementing these programs (e.g., health risk assessments and biometric screenings) are now looking for ways that they can actually improve the wellness of their employees. That means greater incentives to participate in wellness programs — and sometimes even penalties for refusing to do so.

At the same time, employers are constantly reminded of the legal constraints they face in attempting to increase the level of wellness program participation. In this webinar, we’ll summarize those constraints and offer concrete examples of steps employers have taken to raise the participation levels in their wellness programs. We’ll also look at some of the wellness-oriented provisions of last year’s health care reform legislation.

>>>Download a copy of the presentation The Latest on Wellness Programs: What Can Employers Legally Do to Increase Participation?

 

 

Best Practices for 401(k) Sponsors

PAST EVENT: October 11, 2011

Recording: Best Practices for 401(k) Sponsors

Many 401(k) plan sponsors can sometimes feel beset on all sides.  Government regulators can initiate random audits — triggering weeks, months, or even years under the microscope of Uncle Sam’s chief tax collector (the IRS) or his ERISA enforcer (the DOL).  The smallest mistake uncovered during such an audit can cost the sponsor a small fortune.

But that’s not all.  In recent weeks, stock market volatility has left employees looking for answers — and pointing fingers — as their account balances tumble.  Participant lawsuits over investment performance have never been more common.

In other words, 401(k) plan sponsors are exposed on at least three fronts:  government audits, which can lead to penalties and correction costs; errors in administration, which can lead to correction costs; and participant lawsuits, which can lead to legal fees, settlement costs and/or adverse judgments.

But plan sponsors can avoid much of this risk — and most of the aggravation — if they implement simple procedures designed to prevent errors, mitigate the damage of any mistakes that do occur and properly insulate the sponsor from liability for the performance of plan investments.  This webinar will arm 401(k) plan sponsors with strategies for preventing, identifying and correcting problems before they become catastrophes.

>>>Download a copy of the presentation Best Practices for 401(k) Plan Sponsors

 

 

NLRA: How Rules Now Extend to Both Nonunion and Union Employees

PAST EVENT: September 13, 2011

Recording: NLRA: How Rules Now Extend to Both Nonunion and Union Employees

Many nonunion employers, especially those in right to work states, are unlikely to have spent significant time considering their employees’ rights under the National Labor Relations Act (NLRA). Experience has shown that the majority of nonunion employers believe the provisions of the NLRA apply only to employees represented by a union. Recent decisions by the National Labor Relations Board (NLRB) and federal courts remind all employers that many of the protections of the NLRA apply equally to nonunion employees.

This webinar is designed to sensitize nonunion (and union) employers to the coverage of the NLRA, discuss the enforcement priorities of the NLRB and examine what every employer needs to review to ensure their employee handbook is in compliance with the NLRA policies.

>>>Download a copy of the presentation NLRA: How Rules Now Extend to Both Nonunion and Union Employees

 

 

Interaction of Medicare with Employer Health Plans

PAST EVENT: August 9, 2011

Recording: Interaction Between Medicare with Employer Health Plans

Although the federal Medicare program is entirely separate from the system of employer-sponsored health coverage, there is a remarkable level of interaction between the two.  For instance, depending on an employer’s number of employees, any plan sponsored by that employer may be required to provide benefits that are primary to Medicare.  Those same “Medicare Secondary Payor” rules proscribe certain actions by an employer that are intended to encourage employees to waive the employer’s coverage in favor of Medicare.

More recently, employers sponsoring plans that provide coverage for prescription drugs have been required to notify their Medicare-eligible participants as to whether that coverage is “creditable” for purposes of Medicare Part D.  Last year’s health care reform accelerated the deadline for providing these creditable (or non-creditable) coverage certificates.  In this webinar, we will address the Medicare Secondary Payor rules, the guidelines for notifying Medicare-eligible participants of the plan’s creditable coverage status, and other interactions between the Medicare program and employer health plans.

>>>Download a copy of the presentation Interaction Between Medicare and Employer Health Plans

 

“Wrap” Documents for Welfare Plans

PAST EVENT: July 12, 2011

Recording: Wrap Documents for Welfare Plans

Welfare plans that are subject to ERISA must be set forth in a written plan document, and participants must be provided a plain-language written summary of the plan that meets the regulatory requirements for a Summary Plan Description (SPD).  In addition, welfare plans with over 100 participants must generally file a Form 5500 annual report each year.

In this webinar, we will review how plan sponsors can use one or more “wrap” documents to both (i) satisfy the “written plan document” requirement for their welfare benefit plans, and (ii) reduce the number of Form 5500 annual reports they must prepare and file each year.  We will also discuss how existing insurance certificates, plan summaries, and benefit descriptions can be “wrapped” with the information they need to qualify as an SPD under ERISA.

>>>Download a copy of the presentation Wrap Documents for Welfare Plans

 

 

HIPPA/HITECH Refresher

PAST EVENT: June 14, 2011

Recording: HIPAA/HITECH Refresher

The Health Information Technology for Economic and Clinical Health Act (the HITECH Act) made dramatic changes to the HIPAA Privacy and Security Rules.  The Department of Labor has recently requested an increased budget for enforcement of HIPAA, and enforcement training courses are being conducted to help state attorneys general begin to implement the new rules.  With enforcement efforts ramping up, understanding and compliance with the law is more important than ever.

This webinar will consist of an overview of general HIPAA Privacy and Security rules, focusing on what has changed since enactment of the HITECH Act.  Specifically, the webinar will address the roles and responsibilities of plan sponsors, insurance carriers and business associates, and will also include a discussion of the new breach notification rules, the expanded application of civil and criminal penalties and new rules governing electronic health records.

>>>Download a copy of the presentation HIPAA/HITECH Refresher

 

 

The Final ADAAA Regulations and Their Impact on Employer Practices

PAST EVENT: May 10, 2011

Recording: The Final ADAAA Regulations and Their Impact on Employer Practices

Once thought a flash-in-the-pan, social networking is here to stay and is impacting day-to-day HR management. Individuals, as employees, are increasingly accessing these media at work, on company time. Employers beware! While online social media offer incredible marketing opportunities, employers need to prevent misuse that might compromise confidential business information or violate various employment laws. This session will address the incredible growth of online social media and myriad legal and practical considerations for all employers including the use of social media and networking websites for HR purposes, use of e-devices and how to prevent “e” devices from becoming key “e”vidence.

>>>Download a copy of the presentation The Final ADAAA Regulations and Their Impact on Employer Practices

 

 

Employer Issues in the Wake of Health Care Reform

PAST EVENT: April 12, 2011

Recording: Employer Issues in the Wake of Health Care Reform

Nearly a year has passed since the passage of the Patient Protection and Affordable Care Act (PPACA) in March 2010, and employers now are beginning to witness the wide-reaching impact of this landmark legislation. As insurers, businesses and individuals struggle to manage rising health care costs, maintain quality coverage and avoid penalties, many still remain unaware of the full effect that health care reform will have on their businesses.

This special presentation will offer unique insight into the law and reveal new developments in the health care reform debate emerging from Washington. With imminent legislative challenges — both national and state — and a variety of provisions still lacking guidance, employers can expect to see even more changes in the coming months and years. These legal and administrative developments will have a direct impact on employers’ benefit plans and business strategies, so it is vital to keep a close eye on PPACA.

>>>Download a copy of the presentation The Politics and Impact of PPACA on Employers

>>>Download a copy of the post-webinar Questions & Answers

 

 

Managing Fiduciary Risk Under ERISA

PAST EVENT: March 8, 2011

Recording: Managing Fiduciary Risk Under ERISA

Business owners are in a tough position.  On one hand, they must offer competitive benefit packages, including health and retirement plans, to attract and retain high quality employees.  By doing so, however, they take on the responsibility – and risk – associated with overseeing those plans.  Often without realizing it, these business owners assume roles that make them plan “fiduciaries” under ERISA, placing not only their business assets, but also their personal assets, at risk.

This presentation will give you a greater understanding of the laws governing ERISA fiduciaries and how to minimize fiduciary liability, ways to protect yourself as a plan sponsor and steps that will help you identify potential problem areas.  This session will serve as excellent fiduciary “training” for individuals who serve as trustees, members of administrative committees and plan administrators.

>>>Download a copy of the presentation Managing Fiduciary Risk Under ERISA: A Primer for Employers, HR Directors, and Plan Administrators

 

 

Tax Implications of Dependent Coverage After Health Care Reform

PAST EVENT: February 15, 2011

Recording: Tax Implications of Dependent Coverage After Health Reform

Under the Affordable Care Act, group health plans providing coverage to dependent children are required to make such coverage available until the child’s 26th birthday, even if the child can no longer be claimed as the employee’s “dependent” for federal income tax purposes. Corresponding changes in the tax treatment of dependent benefits mean that insurers and plan sponsors can make such coverage available on a non-taxable basis.  However, lingering questions remain regarding the relationship between the coverage requirement, the tax law, and the scope of dependent coverage in general.  In this webinar we will discuss the new coverage requirement, the corresponding change in the tax law, and the impact of both of these changes on employers sponsoring group health plans, cafeteria plans and health reimbursement arrangements.

>>>Download a copy of the presentation Tax Implications of Dependent Coverage After Health Care Reform

 

 

IN-PLAN ROTH CONVERSIONS: “Tax Me Now, Pay Me Later”

PAST EVENT: January 11, 2011

Recording: In-Plan Roth Conversions

Until recently, the only way to convert pre-tax retirement savings to Roth after-tax amounts was to either (i) convert a traditional IRA to a Roth IRA, or (ii) roll non-Roth amounts from a tax-favored retirement plan to a Roth IRA.  And prior to 2010, those options were limited to taxpayers whose adjusted gross income did not exceed $100,000 per year.  In January of 2010, the income limitation was removed, and in September, Congress passed legislation allowing participants in 401(k) and 403(b) plans to “convert” pre-tax amounts to Roth after-tax contributions without removing the money from the plan.

In this webinar, we will analyze what the addition of an “in-plan” Roth conversion feature means for plan participants (including the tax consequences of conversions, and how in-plan conversions compare with IRA conversions), and what plan sponsors should consider before adding such a feature to their retirement plan (including what amounts will be eligible for conversion, and when the plan must be amended to reflect the conversion feature).

>>>Download a copy of the presentation In-Plan Roth Conversions

 

 

COBRA After Health Care Reform

PAST EVENT:December 14, 2010

Recording: COBRA After Health Reform

In a way, “health care reform” began 25 years ago, with the coverage continuation requirements enacted as part of the Consolidated Omnibus Budget Reconciliation Act of 1985 (better known as “COBRA”). With the passage earlier this year of comprehensive health care reform, this is a good time to take stock of COBRA’s place in the world of employer health plans.

In this webinar, we’ll provide a brief overview of COBRA’s requirements, consider whether COBRA has any long-term future (in view of the ability to purchase coverage through the Exchanges starting in 2014), and then address several short-term implications for COBRA of comprehensive health care reform. These include the following:This webinar will address these two interconnected aspects of health care reform.

• How the calculation of COBRA rates may affect a plan’s “grandfathered” status
• Expected IRS guidance on the calculation of COBRA rates (for the purpose of W-2 reporting of the value of health coverage)
• Application of the Tax Code’s nondiscrimination rules to subsidized COBRA coverage under insured health plans
• New restrictions on rescinding COBRA coverage
• Allowing COBRA beneficiaries to add adult children to their coverage

>>>Download a copy of the presentation COBRA After Health Care Reform

 

 

Health Care Reform: Nondiscrimination Rules for Insured Health Plans and the Latest Guidance on Grandfathering

PAST EVENT: November 16, 2010

Recording: Health Care Reform: Nondiscrimination Rules for Insured Health Plans and the Latest Guidance on Grandfathering

For employers sponsoring insured health plans, one of the most challenging aspects of health care reform is the prospect of having to comply with a set of income-based nondiscrimination rules found in Section 105(h) of the Tax Code. The IRS guidance on these rules, which have applied to self-insured plans for decades, is woefully obsolete. And it certainly doesn’t address all of the issues facing today’s health care market.

Although these nondiscrimination rules do not apply to insured plans that retain their “grandfathered” status, determining whether a plan is actually grandfathered is a challenge in itself. The guidance on this point has been coming in dribs and drabs (a few FAQs here and there), and has failed to address many significant issues. Of course, a determination of grandfathered status has other significant implications under health care reform, including a “pass” on many of the new coverage mandates.

This webinar will address these two interconnected aspects of health care reform.

>>>Download a copy of the presentation Nondiscrimination Rules for Insured Health Plans and Latest Guidance Regarding “Grandfathered” Plans

 

 

Participant Notices Required to Administer Employer Health Plans

PAST EVENT: October 12, 2010

Recording: Participant Notices Required to Administer Employer Health Plans

Even before the passage of comprehensive health care reform, the number of participant notices required to administer an employer group health plan had become overwhelming.  Many of these notices, such as those required under COBRA or HIPAA, are event-driven.  But in recent years, the number of annually required notices has also grown.  Starting with the Women’s Health and Cancer Rights Act, these annual notices have grown to include those required under Medicare Part D and the Children’s Health Insurance Program.

Now comes health care reform, and the notices have only multiplied.  Some of these new notices are one-time requirements (in some cases, with fairly tight deadlines), while others must be provided annually.  Fortunately, the government has issued model notices that can be used to satisfy most of these new notice obligations.  In this webinar, we’ll cover the gamut of notices required to administer an employer health plan in this era of health care reform.

>>>Download a copy of the presentation Participant Notices Required to Administer Employer Health Plans

 

 

Social Media 2.0: Lessons Learned and Applied to Electronics in the Workplace

PAST EVENT: September 21, 2010

Recording: Social Media 2.0: Lessons Learned and Applied to Electronics in the Workplace

Once thought a flash-in-the-pan, social networking is here to stay and is impacting day-to-day HR management. Individuals, as employees, are increasingly accessing these media at work, on company time. Employers beware! While online social media offer incredible marketing opportunities, employers need to prevent misuse that might compromise confidential business information or violate various employment laws.

This session will address the incredible growth of online social media and myriad legal and practical considerations for all employers including the use of social media and networking websites for HR purposes, use of e-devices, and how to prevent “e” devices from becoming key “e”vidence.

>>>Download a copy of the presentation Social Media 2.0: Lessons Learned and Applied to Electronics in the Workplace

 

The Effects of Health Care Reform on Employers

PAST EVENT: August 10, 2010

Recording: The Effects of Health Care Reform on Employers

Now that the Affordable Care Act has become law, employers and their advisors face the task of learning what health care reform really means for employer health plans.  Although the key elements of this reform (the individual mandate and the employer “free rider penalty”) do not take effect until 2014, a surprising number of provisions will become effective either later this year or by January of 2011.  And while existing health plans are “grandfathered” from many of these new requirements, there is no grandfather protection for many others.  In this webinar, we’ll focus on the (i) changes effective in 2011 (technically, plan years beginning on or after September 23), (ii) regulatory guidance that has been issued to date (i.e., grandfathered plan rules, dependent coverage, and lifetime and annual limits), and (iii) changes to be aware of that will take effect in later years.

>>>Download a copy of the presentation The Effects of Health Care Reform on Employers

 

The Basics of Cafeteria Plans

PAST EVENT: July 13, 2010

Recording: The Basics of Cafeteria Plans

Most employers maintain a cafeteria plan, often more than one (including flexible spending accounts). In addition, many states now require that employers establish cafeteria plans to allow their employees to pay health insurance premiums on a pre-tax basis. Yet these are some of the least understood – and most poorly documented – benefit plans. In fact, many employers create cafeteria plans without knowing that they have done so, and without understanding the applicable rules. In this session, we will:

• Explain what a cafeteria plan is, and what it is designed to do;
• Outline the IRS guidance in this area;
• Highlight cafeteria-plan changes made by the Affordable Care Act; and
• Touch on some of the common mistakes in cafeteria plan administration.

>>>Download a copy of the presentation The Basics of Cafeteria Plans

 

 

Compliance 201: Advanced ERISA

PAST EVENT: June 15, 2010

Recording: Compliance 201: Advanced ERISA

Taking up where we left off in our “Compliance 101″ webinar, “Compliance 201 for Plan Administrators” will take a deeper dive into some of the issues facing HR professionals and welfare plan sponsors.  Topics will include:

• Understanding When Welfare “Plan Assets” Must be Held in Trust
• ERISA Preemption
  
• Cafeteria Plan Compliance Issues
  
• Fiduciary Duties
  
• Plan Discrimination Issues After Health Care Reform
  
• Claims and Appeal Procedures and Judicial Review of Denied Claim

>>>Download a copy of the presentation Compliance 201: Advanced ERISA

 

 

Form 5500 Annual Reports for 2009- Are You Ready?

PAST EVENT: May 11, 2010

Recording: Form 5500 Annual Reports for 2009

The 2009 Form 5500 (the annual return for most employee benefit plans) includes several significant changes from prior years, including:

1. Mandatory electronic filing under the DOL’s EFAST 2 filing system
2. Increased disclosure of compensation paid to service providers (on Schedule C)
3. The requirement that Section 403(b) plans complete all lines of the Form 5500 (and attach an independent auditor’s report, if the plan has over 100 participants)

These changes will require plans to gather more information than in previous years, and will change the way this information is provided to, and processed by, the relevant governmental entities (the IRS, the DOL and the PBGC).

The webinar will apply to plans of all sizes.  In addition to the Form 5500, we will discuss Form 5500-EZ, the form for “one-participant” plans that cover solely the business owner and his/her spouse (if the plan has more than $250k in assets) and Form 5500-SF, the short form for (primarily retirement) plans with less than 100 participants. The Schedule C topic is solely for “large” plans with over 100 participants as of the beginning of the year.

>>>Download a copy of the presentation Form 5500 Annual Reports for 2009

 

 

Fair Labor Standards Act Crackdown: Understanding and Eliminating the Most Common Errors With New Mental Health Parity Rules

PAST EVENT: April 13, 2010

Recording: Fair Labor Standards Act Crackdown

In fiscal year 2008, the Department of Labor’s Wage and Hour Division recovered more than $185 million in back wages for over 228,000 underpaid employees. The vast majority of this recovery (88%) was due to incorrect overtime practices. Depending upon the size of the workforce, and the extent of the violations, these types of back-pay awards can be financially devastating.

While government initiated FLSA audits have always been a possibility, newly appointed Labor Secretary Hilda Solis is sending a clear message to employers that workplace enforcement will be one of her top priorities. Secretary Solis and the Obama administration have already increased the DOL’s budget by massive amounts to, in part, hire as many as 500 additional full time enforcement personnel for employer audits.

Faced with the increased likelihood of government audits, and the growth of FLSA “class action” lawsuits, employers are well advised to proactively examine their FLSA practices, and to verify compliance. This Webinar is specifically designed to provide employers with the tools and insight necessary to do exactly that.

Webinar Learning Objectives:
• To understand the exposure created by non-compliant pay policies;
• To understand how to conduct self-audits;
• To understand the most common FLSA errors, including:
- Misclassifying employees as exempt
- Permissible and impermissible payroll deductions
- Employee vs. Indep. Contractor misclassifications
- Compensable “off-the-clock” activity
- Not paying for compensable break times
- Improper time clock rounding practices
- Child labor violations
- Failure to pay for compensable travel time

>>>Download a copy of the presentation Fair Labor Standards Act Crackdown

 

 

Complying With New Mental Health Parity Rules

PAST EVENT: March 9, 2010

Recording: Complying With New Mental Health Parity Rules

Now that the federal agencies charged with enforcing the Mental Health Parity and Addiction Equity Act (“MHPAEA”) have finally issued regulations in this area, sponsors of employer group health plans will want to turn their attention to complying with the regulatory requirements. The MHPAEA not only broadened the scope of the 1996 Mental Health Parity Act – for instance, by prohibiting virtually any differential in coverage between mental health benefits and medical/surgical benefits – but also applied the new parity rules to substance use disorder benefits.

The recent regulations help interpret the MHPAEA’s statutory provisions. Some of the interpretations are surprising. For instance “separate but equal” deductibles for mental health benefits and medical/surgical benefits are impermissible; the two types of benefits must be subject to a single, combined deductible. Other provisions of the regulations are intensely mathematical. Whether a plan sponsor is attempting to comply with the Act, or wants to establish its entitlement to a cost-based exemption, the MHPAEA may well come to be known as the “Health Care Actuaries’ Full Employment Act”!

The MHPAEA’s provisions have already become effective for calendar-year plans. This webinar will help sponsors and their advisors review and, if necessary, amend their plans to come into compliance. We’ll emphasize ways in which this can be done without spending more money on actuaries than will ever be saved through coverage limitations. We’ll also include a number of examples that should make the compliance options easier to understand – and to explain to the decision makers.

>>>Download a copy of the presentation Mental Health Parity and Addiction Equity Act

 

 

Employee Handbooks

PAST EVENT: February 16, 2010

An employee handbook is generally considered an essential tool in communicating expectations and rules of conduct to employees. It is considered a key document in most employment litigation and its content can either help or hurt an employer. Do you know what policies you must include in your handbook, which are highly recommended, and which are optional? Do you know if the content of your handbook is sound? This Webinar will cover the pro’s and con’s of handbooks, the types of written policies that are “must haves” and “should haves,” and common errors in drafting handbooks.

>>>Download a copy of the presentation Handbooks: How They Help and Hurt Employers

 

 

GINA Reshuffles the Deck

PAST EVENT: January 12, 2010

As is so often the case, Congress took an unobjectionable goal – protecting individuals from discrimination on the basis of their genetic make-up – and turned it into a nightmare for employers. The 2008 Genetic Information Nondiscrimination Act (“GINA”) imposes a number of constraints on employers’ actions. This is true in both the pure employment context and as sponsors of group health plans. Moreover, GINA “reshuffled the deck” on a number of other federal laws – including the ADA, FMLA, and HIPAA – thereby forcing employers to go back to school on those laws, as well.

In this webinar, Ken Mason and Greg Ash of Spencer Fane Britt & Browne LLP will address these various GINA issues. Their primary focus, however, will be GINA’s impact on employer health plans. As you will learn, this impact extends even to wellness programs that include health risk assessments. Please join us for this informative webinar.

>>>Download a copy of the presentation GINA Reshuffles the Deck

 

 

HIPAA Privacy and Security Update

PAST EVENT: December 8, 2009

The recent economic stimulus bill made dramatic changes to the HIPAA Privacy and Security Rule. As a result, sponsors of group health plans will have to re-examine and potentially amend their HIPAA privacy notices, policies and procedures, and business associate agreements. Business associates will also need to understand their new
obligations under the rules.

This webinar will address the new requirements, including the new security breach notification requirement, the expanded application of civil and criminal penalties to business associates, and new rules governing electronic health records.

>>>Download a copy of the presentation HIPAA Privacy and Security Update

 

 

Compliance 101 for Plan Administrators

PAST EVENT: November 10, 2009

This webinar will discuss the basic responsibilities of HR professionals and welfare plan sponsors to accurately communicate benefit plan rights and responsibilities to employees and government agencies.
Topics will include:
�� Understanding who is responsible for employee communications and reporting.
�� Summary plan descriptions (“SPDs”), summaries of material modification (“SMMs”), and summaries of material reductions (“SMRs”) including their required content, when they must be distributed, and options for electronic distribution.
�� Participant notices, including those that must be provided annually and the rules governing additional disclosures requested by participants.
�� Governmental reporting to the Department of Labor.
�� “Hot” notice topics, including COBRA notices, special enrollment notices, notices of preexisting condition limitations, and WHCRA notices.

>>>Download a copy of the presentation Compliance 101 for Plan Administrators

 

 

Automatic Enrollment in 401(k) Plans

PAST EVENT: October 6, 2009

The Pension Protection Act of 2006 contained a number of provisions designed to encourage employers to “automatically enroll” their employees in salary
deferral plans, such as those maintained under Section 401(k) or 403(b) of the Tax Code. Aside from creating a host of new acronyms (QDIAs, ACAs, QACAs, and EACAs), IRS
and Department of Labor regulations have thrown up a number of stumbling blocks to reliance on these new provisions.

With the downturn in the economy, employers are also
rethinking the wisdom of taking deductions from employees’ paychecks without their explicit consent. In this webinar, we’ll take stock of the current climate for automatic
enrollment, in time for employers to pursue this option for the 2010 plan year.

>>>Download a copy of the presentation Automatic Enrollment in 401(k) Plans

 

 

Electronic Distribution of Participant Communications

PAST EVENT: August 11, 2009

As e-mail, IM, and Twitter become the norm, and with “green” being the color of the day, benefit plan sponsors and administrators are naturally interested in meeting their participant communication obligations via electronic means. Unfortunately, the applicable statutes and regulations have not kept up with reality. In fact, for many participants and beneficiaries, it is still easier to send pieces of paper than to jump through the hoops needed to allow for electronic dissemination of SPDs, forms, and notices.

We’ll address the current IRS and Department of Labor guidance in this area, with practical suggestions on how to minimize the amount of paper used in plan administration.

>>>Download a copy of the presentation Electronic Distribution of Participant Communications

 

 

Employee Free Choice Act

PAST EVENT: June 9, 2009

The Employee Free Choice Act (EFCA) is likely to be the most significant alteration in labor and employment laws in more than 50 years.

Our webinar will provide you with key insights and strategies to prepare your company for the inevitable stealth unionization campaigns to come.

>>>Download a copy of the presentation Employee Free Choice Act

 

 

COBRA Provisions of the ARRA

PAST EVENT: April 14, 2009

The recent economic stimulus package will force employers to facilitate a federal subsidy equal to 65% of an involuntarily terminated employee’s COBRA premiums. This subsidy will be available as of March 1st, and will apply to employees who were terminated as long ago as September 1, 2008. Employers will be required to notify former employees of the subsidy’s availability, and will also have to “front” the 65% subsidy, obtaining reimbursement through a credit against their liability for payroll tax deposits. This webinar will explain the operation of this subsidy, with an emphasis on practical steps employers should be taking to comply with the new rules. Participants will also have the opportunity to pose questions.

Panelist Information: Kenneth A. Mason, Partner – Spencer Fane Britt & Browne LLP Ken, a partner with the firm, heads the Employee Benefits Group. He concentrates on ERISA and other aspects of employee benefits law, including both tax and fiduciary issues, substantial involvement with retirement and welfare plans, executive deferred compensation, federal employment discrimination statutes, and issues unique to governmental and other tax-exempt employers. He clerked for U.S. District Judge Earl E. O’Connor before joining Spencer Fane. Ken is a Past-Chair of both the Employee Benefits Committee of the Kansas City Metropolitan Bar Association and the Employee Benefits Institute of Kansas City. He has been on the faculty of the American Bankers Association National Retirement Trust School and is listed in The Best Lawyers in America.

>>>Download a copy of the presentation COBRA Provisions of the ARRA

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