Pension & Benefits Reporter Index-Summary

LABOR DEPARTMENT (DOL)

– Advisory panel meeting, 2082
– Appointments

– – CFO confirmation, 1099
– – ERISA advisory panel, 304; nominations sought, 1715; members, 2762
– – IG nomination, 1278
– – Solicitor confirmation, 309

– COBRA

See COBRA

– Enforcement database, 824
– ERISA authority delegated, 2020
– FY2011 budget proposal, 298; secretary comments, 557; Senate panel approval, 1668
– Workshop, 1821

LABOR MANAGEMENT RELATIONS ACT (LMRA)

– Unilateral benefit modifications, no jury trial (E.D. Mo.), 1364

LAW ENFORCEMENT PERSONNEL

– Corrections union official, false life insurance claim (S.D.N.Y.), 1442
– Del., police and firefighters, effect of furloughs, 461
– Ill. police and fire pensions, 2623
– Ind., police and firefighters disability, benefits designation, 614
– La. sheriffs' fund garnishment (5th Cir.), 2144
– Minn. Corrections Dep't, ADEA violations (D. Minn.), 929
– N.Y.C. pension credit (S.D.N.Y.), 1608
– Phila. contract arbitration, 48
– Public safety officer vehicles, IRS rule, 1190
– Vt. state police mandatory retirement age (Vt.), 1643

LEAVE

– Cal. “kin care” and uncapped sick leave plans (Cal.), 431
– Comp time, 775
– Family leave

See FAMILY LEAVE

– Federal employees, OPM final rule, 1423
– Military leave, disability plan termination of participation (N.D. Tex.), 636
– Sick leave

See SICK LEAVE

– Trends

– – Holiday season, less paid leave, 2683
– – Paid time-off banks, increased usage, 1520
– – Thanksgiving policies, 2434

LEGISLATION, FEDERAL

– Hill Watch, 885; 2007
– House

– – HR 251, Life Insurance Employee Notification Act, Green, would mandate notice of COLI, 1090
– – HR 946, Plain Writing Act, House approval, 2175; signed, 2275
– – HR 1722, Telework Enhancement Act, signed, 2759
– – HR 1772, Telework Improvements Act, House approved, 2538
– – HR 1897, Healthy Workforce Act, wellness tax credit, 2347
– – HR 2460, Healthy Families Act, DeLauro, would require paid sick leave, S 1152 is companion, 572; Capitol Hill briefing, 1044
– – HR 2517, Domestic Partner Benefits and Obligations Act, FEHBP benefits, 2338
– – HR 2646, GAO reform, House approval, 112
– – HR 2847, Hiring Incentives to Restore Employment Act, provides tax breaks for new workers, signed, 601
– – HR 2989, 401(k) Fair Disclosure and Pension Security Act, would amend ERISA and Internal Revenue Code relating to funding, investment advice and fee disclosure, 501; review extended, 690
– – HR 3269, Corporate and Financial Institution Compensation Fairness Act, Frank, new executive pay restrictions, 105
– – HR 3590, Patient Protection and Affordable Care Act, McMaster challenge, 11; employee benefit erosion, 12; construction industry exclusion, 14; conference status, 49; high-end plan tax at issue, 50; list of desired changes, 52; fee on insurers, 53; CLASS program, 56; implementation timeline, 57; “Cadillac” plan compromise, 113; premiums, CBO reports, 116; excise tax, employer lobby, 117; excise tax, federal workers union, 118; Pelosi opposed, 207; Brown opposed, 208; actuaries analysis, 212; advice from stakeholders, 263; CRS report, 359; basis of White House proposal, 466; White House calls for vote, 513; GOP ideas, 514; action expected before recess, 514; Pelosi comments, 563; Obama trip delay, 563; business coalition ad campaign, 566; Hatch predicts higher taxes, 566; Gregg on reconciliation, 567; implementation deadlines questioned, 568; business groups oppose, 620; House approval, 620; worker increase at IRS predicted, 627; possible retaliation by industry and labor, 695; EBSA responsibilities, 696; IRS responsibilities, 696; CRS reports, 697; signed, 702; implementation, see PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)
– – HR 3669, Employer-Owned Life Insurance Limitation Act, Gutierrez, would mandate notice of COLI, 1090
– – HR 3936, Preserve Benefits and Jobs Act, Pomeroy and Tiberi, would extend pension relief for firms, 297; Chamber of Commerce supports, 1269
– – HR 3962, Affordable Health Care for America Act, health reform, uncertainty among employers, 13; conference status, 49; excise tax discussion, 49; list of desired changes, 52; CLASS program, 56; implementation timeline, 57; high-end plan tax, Democratic opposition, 116; Democrats preference, 118; insurance exchanges, lobbyists, 119; actuaries analysis, 212; CRS report, 359; implementation deadlines questioned, 568; fee disclosure prospects, 1513
– – HR 3987, Red Flag Program Clarification Act, 2763
– – HR 4126, Retirement Fairness Act, Doggett, tightened nondiscrimination rules, 307
– – HR 4173, Wall Street Reform and Consumer Protection Act, Dodd and Frank, overhaul of financial regulatory system, 401; economic effects feared, 909; SEC chair testimony, 1080; Senate approval, 1185; swap dealers debate, 1407; conferees approve, 1458; House approves, 1514; shareholder vote on exec pay, 1515; effect outlined, 1517; some provisions dropped, 1539; consumer protection jurisdiction, 1546; BNA Insights, 1573; swap participants definition, 1613; signed, 1613; implementation, see WALL STREET REFORM AND CONSUMER PROTECTION ACT
– – HR 4213, American Jobs and Closing Tax Loopholes Act, would extend charitable contributions from IRAs, 501; White House endorsement, 501; stalled in House, 501; timing rules, 553; Senate approves, 553; corrected summary, 554; Roth conversions, 555; House panel considers pension provisions, 612; Roth option, 976; action expected, 1089; carried interest, 1139; defined contribution plans fee disclosure, 1186; House approval, 1257; plan fees at issue, 1258; service providers concerned, 1258; carried interest tax treatment, 1259; Senate debate, 1337; COBRA amendment, 1348; Miller wants fee disclosure, 1406; “doc fix” and pension relief dropped, 1406; stakeholders comment, 1666
– – HR 4489, FEHBP Prescription Drug Integrity, Transparency, and Cost Savings Act, expansion of OPM oversight, 261; OPM comments, 473; House panel approves, 683
– – HR 4529, Roadmap for America's Future Act, Ryan, health insurance tax credit, 304
– – HR 4626, Health Insurance Industry Fair Competition Act, ends antitrust exemption, House approves, 469
– – HR 4677, Protecting Employees and Retirees in Business Bankruptcies Act, practitioners comment, 505; debated, 1263; House panel approval, 2072
– – HR 4691, Temporary Extension Act, federal COBRA tax credit, signed, 515
– – HR 4851, Continuing Extension Act, Levin, would extend COBRA subsidy, 621; recess without action, 693; correction, 785; signed, 920
– – HR 4853, Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act, payroll tax cut, 2758
– – HR 4865, Federal Employees and Uniformed Services Retirement Equity Act, unused leave and TSP, 619; House panel approval, 916
– – HR 4872, Health Care and Education Reconciliation Act, would make changes to HR 3590, 620; business groups oppose, 620; risk to Medicare Advantage, 691; House approval, 691; EBSA responsibilities, 696; IRS responsibilities, 696; CRS reports, 697; signed, 777; released, 785
– – HR 4887, TRICARE Affirmation Act, Senate approval, 924; signed, 1045
– – HR 4915, Pension funding technical corrections, 2747
– – HR 4994, Taxpayer Assistance Act, would remove cell phones as listed property, 907
– – HR 5014, VA spina bifida-related treatments, 1157
– – HR 5107, Employee Misclassification Prevention Act, Woolsey, would require recordkeeping of nonemployees, 981
– – HR 5141, Small Business Paperwork Mandate Elimination Act, Lundgren, 1045
– – HR 5200, FEHBP Dependent Coverage Extension Act, would speed up reform requirement, 1105
– – HR 5207, ESOP Promotion and Improvement Act, Pomeroy and Boustany, would create incentives, 1142
– – HR 5297, Small Business Jobs and Credit Act, tax cuts, 1551; Form 1099 requirements, 1866; House to consider, 2064; signed, 2121; employers reaction, 2121
– – HR 5424, Reform Americans Can Afford Act, would repeal health reform, 1286
– – HR 5479, Coal Accountability and Retired Employee (CARE) Act, would transfer abandoned mine fees to pension, 1587
– – HR 5486, Small Business Jobs Tax Relief Act, House approval, 1408
– – HR 5746, CSRS Obligation Modification Act, Lynch, repayments to Postal Service, 1622
– – HR 5808, Public option, Woolsey, CBO reports, 1633
– – HR 5936, Restoring Assistance for Families' and Seniors' Health Expense Act, Reichert, medical account tax benefits, 1870
– – HR 5987, Seniors Protection Act, Pomeroy, one-time Social Security offset, 1813; GOP support sought, 2320; retirees and unions push, 2485
– – HR 6099, Automatic IRA Act, Neal, for workers without employer plans, 1818; S 3760 is counterpart, 1957; correction, 2020
– – HR 6484, Public Employees Pension Transparency Act, Nunes, Ryan, and Issa, federal accounting and disclosure standards, 2686

– Senate

– – S 803, Healthy Workforce Act, Harkin, wellness tax credit, 2347
– – S 913, Workforce Health Improvement Program Act, Cronyn, wellness tax incentives, 2347
– – S 1102, Domestic Partner Benefits and Obligations Act, FEHBP benefits, 2338
– – S 1152, Healthy Families Act, Kennedy, would require paid sick leave, HR 2460 is companion, 572; Capitol Hill briefing, 1044
– – S 1508, Improper Payments Elimination and Recovery Act, signed, 1626
– – S 2249, Health Care Price Transparency Promotion Act, Medicaid disclosure requirements, 1104
– – S 2994, Taxpayer Fairness Act, Boxer and Webb, excise tax on employee bonuses, 352; part of financial overhaul, 1026
– – S 3033, Protecting Employees and Retirees in Business Bankruptcies Act, practitioners comment, 505; debated, 1263
– – S 3078, Health Insurance Rate Authority Act, would allow HHS to block unreasonable premium hikes, 989; not enough votes, 1156
– – S 3157, Create Jobs and Save Benefits Act, would correct plan design problems, 1269; criticized, 1271
– – S 3166, Ponzi Scheme Victim's Bill of Rights Act, Schumer and Kyl, would provide tax breaks, 771
– – S 3217, Restoring American Financial Stability Act, would impose fiduciary duty on swap dealers, 1081; delays, 1098; protections sought, 1136; amendment, 1141
– – S 3254, Employee Misclassification Prevention Act, Brown, would require recordkeeping of nonemployees, 981; hearings, 1417
– – S 3319, Volunteer Emergency Services Recruitment and Retention Act, Dodd and Collins, responder benefits, 1143
– – S 3341, FEHBP Dependent Coverage Extension Act, Cardin, adult children coverage, 1155
– – S 3501, American Job Protection Act, would repeal PPACA employer mandate, 1927
– – S 3502, American Liberty Restoration Act, would repeal PPACA individual mandate, 1927
– – S 3548, COBRA premium subsidy reinstatement, Casey and Brown, 1594
– – S 3649, Coalfield Accountability and Retired Employees (CARE) Act, Rockefeller and Goodwin, would protect miner pensions, 1671
– – S 3653, Health Care Bureaucrats Elimination Act, Cornyn, would repeal Medicare payment advisory panel, 1680
– – S 3760, Automatic IRA Act, Bingaman and Kerry, 1714; HR 6099 is counterpart, 1957; correction, 2020
– – S 3831, POST Act, Carper, would revise postal worker benefits, 2129
– – S 3924, Public Accountability in Health Care Implementation Act, Cronyn, would require review of public comments, 2231
– – S Amdt 3736, Taxpayer Fairness Act, would impose excise tax on TARP recipients, 1141

LIFE INSURANCE

See also ACCIDENT BENEFITS
– ADEA, Embarq life insurance changes (D. Kan.), 1605
– Aetna “checkbooks” settlement (D. Nev.), 1984
– Aunt properly designated as beneficiary (D. Del.), 1645
– Bargain element of policy as taxable income, 486
– Change of beneficiary, substantial compliance (E.D. Mich.), 1122
– Charity-owned life insurance contracts, 821
– Common law marriage not shown (S.D. Tex.), 1690
– Conversion rights and notice (N.D. Iowa), 1837
– Coporate-owned life insurance

– – CRS report, 1090
– – Notice

See LEGISLATION, FEDERAL, HR 251, HR 3669

– Corrections union official, false insurance claim (S.D.N.Y.), 1442
– Cross-outs, designation invalid (W.D. Ky.), 2400
– Dependent life insurance not converted (M.D. Tenn.), 2706
– ERISA

– – Marriage challenged (E.D. Tex.), 1609
– – Second wife's claim, time limit bars (E.D. Pa.), 334
– – UNUM class certification (D. Mass.), 62; settlement, 1481

– Federal employees plan rule clarification, 44
– Fiduciary breach and equitable relief (D. Haw.), 1310
– “Full and fair review” (6th Cir.), 335
– Invalid spouse entitled to benefits (E.D. Pa.), 1569
– John Hancock RICO suit (W.D. Mich.), 2450
– Life settlements, SEC priorities, 1094
– Longtime friend denied benefits (S.D. Ohio), 584
– MetLife benefits to ex-wife (E.D. Mich.), 2557
– Mutual of Omaha checkbooks (D.R.I.), 2593
– New wife, beneficiary designation (N.D.N.Y.), 1743
– Ohio Farmers, lifetime benefits denial (N.D. Ohio), 635
– Pre-existing conditions

– – Bar upheld (6th Cir.), 1993
– – Retroactive health benefits, 1570

– Safe harbor for contracts, 1855
– Sister denied benefits (S.D.N.Y.), 2796
– Stranger-owned life insurance scheme (S.D. Ind.), 1692
– Supplemental coverage denial (N.D.N.Y.), 2290
– Tax risk, 1627
– Updated beneficiary form, substantial compliance (E.D.N.Y.), 65
– Written request for beneficiary change (11th Cir.), 1554

LILLY LEDBETTER FAIR PAY ACT

– Inapplicable to pension payments (EEOC), 2706

LMRA

See LABOR MANAGEMENT RELATIONS ACT (LMRA)

LONG-TERM CARE

– “Any occupation” standard (3rd Cir.), 1366
– Cal. same-sex marriage, couples seek long-term care plan participation (N.D. Cal.), 938
– CLASS

See COMMUNITY LIVING ASSISTANCE SERVICES AND SUPPORTS (CLASS)

– Discovery (8th Cir.), 2796
– Federal employees domestic partners, 1291
– Pa. prompt payment law, 1559

LOUISIANA

– Public pensions ballot measure, 2433
– Sheriffs' fund garnishment (5th Cir.), 2144

LUMP-SUM DISTRIBUTIONS

– Attorney payout cut (D.D.C.), 2098
– ERISA (S.D. Ill.), 435
– Lumbermens Mutual ex-CEO challenge to distribution (N.D. Ill.), 330
– Rohm & Haas settlement (S.D. Ind.), 925
– S.C. Johnson recalculations (E.D. Wis.), 1872
– US Airways distributions (D.D.C.), 632