An online, clickable version of this newsletter is available at:
http://benefitslink.com/2004/2004_10_13_welfare.html

===========================================================
BenefitsLink Welfare Plans Newsletter
(Plain Text Format)

October 13, 2004
===========================================================

We thank and invite your attention to today's sponsor:

Financial Research Associates, LLC 
===========================================================
Made in America Taft Hartley Benefits Summit (Advert.)

   <URL:http://benefitslink.com/cgi/a_d.cgi?a_d=2004_10_13_welfare>
   http://benefitslink.com/cgi/a_d.cgi?a_d=2004_10_13_welfare

(Click on above address, or copy and paste it into your web browser, to learn more.)

Financial Research Associates presents:
The 2nd Annual Made in America Taft Hartley Benefits Summit
February 6-9, 2005 in Palm Springs
To Register call 800-280-8440 or visit www.frallc.com

The summit will consist of concurrent tracks, one covering 
topical issues regarding DC/DB plans and the other covering 
current for health & welfare topics.

Don't miss out, register today!
All Administrators and Trustees save $1,000!

(Please visit our sponsors. We try to make sure their products and
services will be of interest to you. Thanks! --Editor)

----------------------------------------------------------
California Allowed to Sue Denny's Restaurant Chain Over
Vacation Accrual Policy

   
<URL:http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/10/13/BUGER98NK61.DTL>
   
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/10/13/BUGER98NK61.DTL

   Excerpt: "The U.S. Supreme Court on Tuesday let California
   use its labor laws to challenge Denny's Corp.'s policy
   of refusing to pay workers for accrued vacation time if
   they leave the restaurant company in less than a year."
   (San Francisco Chronicle)

----------------------------------------------------------
Does the Americans with Disabilities Act Really Protect
Alcoholism? (PDF)

   <URL:http://www.bna.com/bnabooks/ababna/laborlawyer/20.1.pdf>
   http://www.bna.com/bnabooks/ababna/laborlawyer/20.1.pdf

   At pp. 17-54 of 141-page document (published by American
   Bar Association's Section of Employment and Labor Law).
   (Attorneys Renee Parsons and Thomas J. Speiss III)

----------------------------------------------------------
Blue Cross and Blue Shield of North Carolina Freebies and
Spending Raise Brows

   <URL:http://www.newsobserver.com/business/story/1724781p-7987676c.html>
   http://www.newsobserver.com/business/story/1724781p-7987676c.html

   Excerpt: "Blue Cross and Blue Shield of North Carolina is
   dropping money freely this year -- giving away generic
   drugs, providing free flu shots, running a series of new
   television advertisements -- and the spending spree is
   raising questions among some of the insurer's members
   and industry analysts." (newsobserver.com)

----------------------------------------------------------
Education, Plan Design, Leadership Support Can Boost
Consumer-Driven Health Enrollment

   <URL:http://www.aispub.com/Bnow/101304c.html>
   http://www.aispub.com/Bnow/101304c.html

   Excerpt: "Although they have identical employee
   demographics, CDH enrollment at one company tops 50%,
   while just 5% of employees at the other company opt in.
   So what happened? Industry experts agree that three
   factors are critical for high enrollment in an optional
   CDH plan: continuous employee communication, visible
   support from senior staff and a plan design that can
   compete with existing options. However, myriad other
   factors also influence enrollment results." (INSIDE
   CONSUMER-DIRECTED CARE via AISHealth.com)

----------------------------------------------------------
Blue Cross of North Carolina to Put Effort into Controlling
Obesity

   
<URL:http://www.zwire.com/site/news.cfm?newsid=13128534&BRD=985&PAG=740&dept_id=226965&rfi=6>
   
http://www.zwire.com/site/news.cfm?newsid=13128534&BRD=985&PAG=740&dept_id=226965&rfi=6

   Excerpt: "Blue Cross' new Healthy Lifestyle Choices program
   will cover four weight-related physician visits each
   year, diagnostic tests related to obesity, consultations
   with dietitians and two pres.cription weight loss drugs."
   (The Herald-Sun)

----------------------------------------------------------
Healthcare Benefits Emerge as Knottiest Issue in Union
Contract Talks

   
<URL:http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/10/13/BUGMN97GRD1.DTL>
   
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/10/13/BUGMN97GRD1.DTL

   Excerpt: "As director of the Federal Mediation and
   Conciliation Service, Peter Hurtgen runs an agency that
   tries to make peace in some 7,000 labor-management
   disputes each year. These days, one issue dominates such
   talks -- who should bear the costs of health insurance
   premiums ..." (San Francisco Chronicle)

----------------------------------------------------------
Major Benefits Seen in Weight-Loss Surgeries

   
<URL:http://www.latimes.com/news/science/la-sci-bariatric13oct13,1,7977212.story?coll=la-home-headlines>
   
http://www.latimes.com/news/science/la-sci-bariatric13oct13,1,7977212.story?coll=la-home-headlines

   Excerpt: "Stomach reduction and gastric bypass surgery not
   only help the extremely obese lose weight, but can also
   alleviate Type 2 diabetes and return high cholesterol
   levels to normal, according to a new study reported
   today in the Journal of the American Medical Assn." (Los
   Angeles Times; one-time registration required)

----------------------------------------------------------
Health Savings Accounts Slow to Gain Acceptance

   <URL:http://www.nytimes.com/2004/10/13/business/13health.html?th>
   http://www.nytimes.com/2004/10/13/business/13health.html?th

   Excerpt: "People around the nation are now taking part in
   the annual enrollment season for health care plans, but
   only a tiny fraction of employers are offering the new
   plans.... The UnitedHealth Group, for example, the
   nation's largest health insurer, representing employers
   who cover more than 18 million workers, expects only
   about 150,000 of those employees to choose health
   savings accounts for 2005." (New York Times; one-time
   registration required)

----------------------------------------------------------
Health Options Dizzying As Employers Give Employees Bigger
and More Diverse Stake in Decisions

   <URL:http://www.twincities.com/mld/pioneerpress/news/local/9887269.htm?1c>
   http://www.twincities.com/mld/pioneerpress/news/local/9887269.htm?1c

   Excerpt: "Fasten your seat belts, Minnesotans. You're about
   to go on a health care roller-coaster ride. The days
   when you could simply unzip your October open-enrollment
   packet, find the health plan that covered your doctor
   and clinic, check a box and forget about it are ending.
   You might have to choose among 'health savings
   accounts,' 'health reimbursement arrangements,' 'tiered
   network health plans' -- if not this fall, then maybe
   next." (Pioneer Press)

----------------------------------------------------------
Issue Brief: Health Savings Accounts and Other
Account-Based Health Plans (PDF)

   <URL:http://www.ebri.org/EBRI_IB_09-2004.pdf>
   http://www.ebri.org/EBRI_IB_09-2004.pdf

   Excerpt: "The new analysis and overview of all the
   different health accounts is provided in the September
   EBRI Issue Brief .... It also deals with health
   reimbursement arrangements (HRAs), which are created by
   employers to give beneficiaries access to a fixed amount
   they can tap to pay medical expenses. All the plans
   share a focus on slowing or controlling employer health
   insurance cost increases by making beneficiaries more
   price sensitive." (Employee Benefit Research Institute)

----------------------------------------------------------
Bush Hints at Policy Shift on Canadian Drug Imports

   
<URL:http://www.nytimes.com/2004/10/12/politics/campaign/12import.html?ex=1255233600&en=9aabd8e5ab982aa7&ei=5090&partner=rssuserland>
   
http://www.nytimes.com/2004/10/12/politics/campaign/12import.html?ex=1255233600&en=9aabd8e5ab982aa7&ei=5090&partner=rssuserland

   Excerpt: "At last week's debate, President Bush hinted that
   he might allow imports of pres.cription drugs from Canada
   this year. But he and his administration have
   consistently taken a strong stance against such imports,
   citing safety concerns, which have not abated." (The New
   York Times; one-time registration required)

----------------------------------------------------------
Employers' Responses to Play-Or-Pay Mandate: Analysis of
California's Health Insurance Act of 2003

   <URL:http://content.healthaffairs.org/cgi/content/abstract/hlthaff.w4.469>
   http://content.healthaffairs.org/cgi/content/abstract/hlthaff.w4.469

   Excerpt: "This paper applies findings from the literature
   and an economic analysis to California data to estimate
   the potential reduction in wages, quantify the
   dispersion of risk across employers, and discuss other
   employment effects. These employer responses will reduce
   the number of uninsured people in California who gain
   eligibility for health coverage under SB 2." (Health
   Affairs)

----------------------------------------------------------
Exhibit Focuses on Tragedy Without Health Insurance

   <URL:http://www.chron.com/cs/CDA/ssistory.mpl/headline/features/2844293>
   http://www.chron.com/cs/CDA/ssistory.mpl/headline/features/2844293

   Excerpt: "The show includes 20 black-and-white photographs
   with accompanying text, illustrating the impact on
   people's lives when they don't have access to health
   care." (Houston Chronicle)

----------------------------------------------------------
Bush, Kerry Trade Jabs on Healthcare Proposals

   
<URL:http://www.latimes.com/news/politics/la-na-campaign13oct13,1,3462102.story?coll=la-home-politics>
   
http://www.latimes.com/news/politics/la-na-campaign13oct13,1,3462102.story?coll=la-home-politics

   Excerpt: "President Bush charged Tuesday that Democrat John
   F. Kerry was backing a 'big-government takeover' of
   healthcare ... The Massachusetts senator fired back with
   a television ad that said Bush had blocked lower
   pres.cription drug prices." (Los Angeles Times; one-time
   registration required)

----------------------------------------------------------
The Big Business of Health Care

   <URL:http://www.npr.org/templates/story/story.php?storyId=4073351>
   http://www.npr.org/templates/story/story.php?storyId=4073351

   10/6/02. Excerpt: "Investigative reporters Donald Barlett
   and James Steele's new book is Critical Condition: How
   Health Care in America Became Big Business, and Bad
   Medicine. Bartlett and Steel have worked together for 30
   years, winning two Pulitzer Prizes. They are currently
   editors-at-large at Time magazine." (National Public
   Radio)

----------------------------------------------------------
Text of American Bar Association Report on Contingent Fees
In Medical Malpractice Litigation (PDF)

   <URL:http://www.abanet.org/tips/contingent/MedMalReport092004DCW2.pdf>
   http://www.abanet.org/tips/contingent/MedMalReport092004DCW2.pdf

   68 pages, dated Sept. 20, 2004. Excerpt: "Attorney
   contingent fees have again become the focus of efforts
   by medical professionals and allied organizations to
   reduce the costs of medical liability. These efforts ...
   seek to impose limits on the fees lawyers may charge
   clients in successful medical malpractice claims and
   actions. They are premised on the belief that such
   limits will ultimately reduce costs associated with
   medical negligence claims." (American Bar Association)

----------------------------------------------------------
HIPAA Covered Entities Now Deal With Variety of Employee
Misdeeds

   <URL:http://www.aispub.com/Bnow/101304e.html>
   http://www.aispub.com/Bnow/101304e.html

   Excerpt: "While a relatively small percentage have had to
   respond to the Office for Civil Rights (OCR), more
   entities have grappled with garden-variety infractions
   by employees, such as unauthorized access and
   misdirected faxes, and are gaining experience
   disciplining errant employees." (REPORT ON PATIENT
   PRIVACY via AISHealth.com)

----------------------------------------------------------
The Insurance Policy You Ought to Consider: Long-Term Care

   
<URL:http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/10/13/financial1041EDT0064.DTL>
   
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/10/13/financial1041EDT0064.DTL

   Excerpt: "What do you get when you buy long-term-care
   insurance? An unproven product sold by an industry in
   turmoil that will cost you a small fortune in premiums
   -- with no guarantee those premiums won't go even
   higher. And yet, despite all that, I think folks age 50
   and older should at least consider long-term-care
   insurance." (Wall Street Journal via SFGate.com)

----------------------------------------------------------
Part D Drug Benefit Could Get Few Takers, but Some PBMs,
Insurers Eye Fallback Plans

   <URL:http://www.aispub.com/Bnow/101304a.html>
   http://www.aispub.com/Bnow/101304a.html

   Excerpt: "The Medicare Part D drug benefit could represent
   hundreds of billions of dollars in new business for
   pharmacy benefit managers (PBMs) and health plans. But
   the tight timelines, untested benefit designs and
   heightened risks could reduce the number of firms
   willing to take on the risk for insuring seniors'
   ambulatory drug needs. Some PBMs and insurers are
   setting their sights on a lesser-known contingency
   option: the fallback drug-only plan." (MANAGED CARE WEEK
   via AISHealth.com)


==========================================================
Links To Items on Executive Comp, Benefits In General

----------------------------------------------------------
Analysis: Nonqualified Deferred Comp Legislation Requires
Immediate Consideration of Existing Plans (PDF)

   <URL:http://www.wcsr.com/downloads/pdfs/emben111204c.pdf>
   http://www.wcsr.com/downloads/pdfs/emben111204c.pdf

   6 pages; useful question-and-answer format. Excerpt: "[T]he
   legislation is expected to create $158 million in tax
   revenues in 2005 and $1.05 billion in tax revenues over
   the next ten years from nonqualified deferred
   compensation plans. To avoid being part of these revenue
   numbers, plan sponsors must act promptly." (Womble
   Carlyle)

----------------------------------------------------------
Overview: New Legislation to Impact Nonqualified Deferred
Compensation (PDF)

   <URL:http://benefitslink.com/articles/20041012leboeuf.pdf>
   http://benefitslink.com/articles/20041012leboeuf.pdf

   4 pages. Excerpt: "The Act does not include provisions
   previously included in the Senate bill (the 'Jumpstart
   Our Business Strength Act of 2004,' S. 1367) that would
   have prohibited the deferral of stock option and
   restricted stock gains and imposed restrictions on
   investment options under nonqualified deferred
   compensation plans." (LeBoeuf, Lamb, Greene & MacRae,
   L.L.P.)

----------------------------------------------------------
FASB Delays Stock Options Expensing Rule

   <URL:http://news.ft.com/cms/s/939b988a-1d3d-11d9-abbf-00000e2511c8.html>
   http://news.ft.com/cms/s/939b988a-1d3d-11d9-abbf-00000e2511c8.html

   Excerpt: "A controversial measure that would have made
   expensing of stock options compulsory has been put off
   for six months, the Financial Accounting Standards Board
   announced on Wednesday." (Financial Times)

----------------------------------------------------------
EBRI Offers Cafeteria Plan/401(k) Plan Federal Tax Savings
Calculator for Employees

   <URL:http://www.ebia.com/static/publications/calculator.html>
   http://www.ebia.com/static/publications/calculator.html

   Excerpt: "Increase participation by providing your
   employees with a powerful, easy-to-use tool to estimate
   their federal tax savings from participating in your
   benefit plans. Our calculator is a 'must have' tool for
   every employer that sponsors a cafeteria plan,
   transportation plan, and/or a 401(k) or 403(b) plan and
   for anyone that designs or administers plans for
   others." (Employee Benefits Institute of America)

----------------------------------------------------------
Carol Calhoun's Employee Benefits Site Completely
Redesigned. Some new features:

   <URL:http://benefitsattorney.com/index.php>
   http://benefitsattorney.com/index.php

   Search form on every page; Official documents; See popular
   features; State retirement systems updated; Dated list of
   publications; Site map (Calhoun Law Group, P.C.)

----------------------------------------------------------
2005 Vendor Directory from Workforce.com

   <URL:http://workforce.com/vendordirectory>
   http://workforce.com/vendordirectory

   Excerpt: "Browse or keyword-search through 2,863 product
   and service listings (2,688 companies) in 140
   categories.' Categories include Benefits Administration,
   Pension Administration/Management, Financial/Investment
   Planning, Pension Plan Design/Consultants, Third-party
   Administrators (Health Benefits), more. (Workforce.com)

----------------------------------------------------------
Full Text of Fall 2004 Issue of NRLN Focus Published by the
National Retiree Legislative Network (PDF)

   <URL:http://www.nrln.org/10-05-04NRLNFocusWEB.pdf>
   http://www.nrln.org/10-05-04NRLNFocusWEB.pdf

   4 pages. The issues includes two articles: A View from
   Washington and NRLN Releases Health Care Reform Report. 
   (National Retiree Legislative Network)

----------------------------------------------------------
How Will We Pay for Social Security and Medicare for the
Next 75 Years?

   <URL:http://www.ncpa.org/pub/ba/ba490/>
   http://www.ncpa.org/pub/ba/ba490/

   Excerpt: "Social Security and Medicare are making future
   promises much greater than the taxes that will be
   collected at current rates. Unfortunately, some
   policymakers seem to be intent on making the problem
   worse, not better. Reforms are needed that create more
   saving today for retirement and increase the nation's
   capital stock." (National Center for Policy Analysis)


==========================================================
Newly Posted Events

"Getting It Right": Know Your Fiduciary Responsibilities
   in Washington on November 9, 2004
   presented by U.S. Department of Labor, Employee Benefits Security Administration 
(EBSA)
      <URL:http://benefitslink.com/events/detail.php?id=38850>
      http://benefitslink.com/events/detail.php?id=38850

"Getting It Right": Know Your Fiduciary Responsibilities
   in Texas on December 2, 2004
   presented by U.S. Department of Labor, Employee Benefits Security Administration 
(EBSA)
      <URL:http://benefitslink.com/events/detail.php?id=38851>
      http://benefitslink.com/events/detail.php?id=38851

15th Annual National Institute on Health and Welfare Benefit Plans Seminar
   in District of Columbia on October 21, 2004
   presented by McDermott Will & Emery LLP
      <URL:http://benefitslink.com/events/detail.php?id=38845>
      http://benefitslink.com/events/detail.php?id=38845

Controlling Benefit Costs: From Tactical to Strategic
   in New York on October 15, 2004
   presented by WEB-New York
      <URL:http://benefitslink.com/events/detail.php?id=38842>
      http://benefitslink.com/events/detail.php?id=38842

Final COBRA Notice Regulations
   in New York on October 22, 2004
   presented by WEB-New York
      <URL:http://benefitslink.com/events/detail.php?id=38843>
      http://benefitslink.com/events/detail.php?id=38843

HRA/Consumer Driven Health
   Nationwide on October 13, 2004
   presented by National Association of Professional Benefit Administrators (NAPBA)
      <URL:http://benefitslink.com/events/detail.php?id=38848>
      http://benefitslink.com/events/detail.php?id=38848

HSAtoday(TM) Concept Seminar
   in Arkansas on October 14, 2004
   presented by DataPath, Inc.
      <URL:http://benefitslink.com/events/detail.php?id=38849>
      http://benefitslink.com/events/detail.php?id=38849

New York University 63rd Institute on Federal Taxation
   in New York on October 17, 2004
   presented by McDermott Will & Emery LLP
      <URL:http://benefitslink.com/events/detail.php?id=38846>
      http://benefitslink.com/events/detail.php?id=38846

Overview of Top-heavy Plan Rules and Requirements
   Nationwide on November 15, 2004
   presented by McKay Hochman
      <URL:http://benefitslink.com/events/detail.php?id=38847>
      http://benefitslink.com/events/detail.php?id=38847

Qualified Domestic Relation Order (QDROS) and Qualified Medical Child Support Orders 
(QMCSOs)
   in New Jersey on October 19, 2004
   presented by Worldwide Employee Benefits Network (WEB)
      <URL:http://benefitslink.com/events/detail.php?id=38844>
      http://benefitslink.com/events/detail.php?id=38844

Post yours!
   http://benefitslink.com/events/eventmaint.php


==========================================================
Newly Posted Press Releases

Bonnie Whyte appointed ECFC President - Named to ECFC Board of Directors
   (Employers Council on Flexible Compensation (ECFC))
   http://benefitslink.com/pr/detail.php?id=38397

Health Care Costs Show Signs of Moderating, but Still Outpace Inflation
   (Hewitt Associates LLC)
   http://benefitslink.com/pr/detail.php?id=38396

Disaster Relief Announcements 04-25 through 04-32
   (Pension Benefit Guaranty Corporation (PBGC))
   http://benefitslink.com/pr/detail.php?id=38403

HSAtoday(TM): 

DataPath's HSA Solution  


   (DataPath, Inc.)
   http://benefitslink.com/pr/detail.php?id=38404

Retirement Plan Participation Ends Decline; Increases for Full-Time, Full-Year Workers
   (Employee Benefit Research Institute (EBRI))
   http://benefitslink.com/pr/detail.php?id=38395

Major Medical Plan Outsources Administration and Plan Management to Gilsbar, Inc.
   (Gilsbar, Inc.)
   http://benefitslink.com/pr/detail.php?id=38400

With Flu Vaccination Scarce, Companies Should Take Special Steps to Combat 
'Presenteeism' This Flu Season
   (CCH Incorporated)
   http://benefitslink.com/pr/detail.php?id=38402

Benefits & Compensation Digest Examines Retirement Timing of Married Couples


   (International Foundation of Employee Benefit Plans)
   http://benefitslink.com/pr/detail.php?id=38398

Guide to Qualified Retirement Plans: A Plain Language Primer Discusses Retirement 
Plans at a Basic Level
   (International Foundation of Employee Benefit Plans)
   http://benefitslink.com/pr/detail.php?id=38399

New Survey Results Highlight Severance Policies
   (International Foundation of Employee Benefit Plans)
   http://benefitslink.com/pr/detail.php?id=38401

Assist America Teams with TD International to Expand Security Capabilities - 
SecurAssist� Addresses The Complexities Of The Business Traveler
   (Assist America, Inc.)
   http://benefitslink.com/pr/detail.php?id=38393

Chiropractic Health Plan Benefits Proven to Substantially Reduce Employers' Annual 
Healthcare Expenses
   (American Specialty Health (ASH))
   http://benefitslink.com/pr/detail.php?id=38394

Post yours!
   http://benefitslink.com/pr/maint.php


==========================================================
Newly Posted or Renewed Job Openings

DB / DC Administrator
   for Howard Simon & Associates, Inc
   in IL
   http://benefitslink.com/modperl/show_a_job.cgi?database_id=H40763

Marketing Communications Director
   for Diversified Investment Advisors
   in NY
   http://benefitslink.com/modperl/show_a_job.cgi?database_id=H40767

Post yours!
   http://benefitslink.com/jobs/post_help_wanted.html


===========================================================
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   http://benefitslink.com/newsletter
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