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Posted on July 9, 2009August 31, 2018

IBM May Freeze U.K. Pension Plan

IBM is considering freezing the company’s U.K. defined-benefit plan by April 2010, according to an e-mail the company sent to employees.
The plan has been closed to new members since 1997.

IBM UK, based in Portsmouth, England, had £5.3 billion ($8.4 billion) in pension assets, according to the 2008 Pension Funds and Their Advisers reference guide.

IBM UK employees now enrolled in the DB plan will go through a 60-day consultation period beginning in August to switch to an enhanced defined-contribution plan. DB benefits already accrued are not affected.

“The rapidly rising costs and liabilities associated with the provision of defined benefit pensions is placing pressure on long-term ability to invest for future growth and operate in an intensely competitive global market,” according to the e-mail.

Under the current U.K. defined-contribution plan, IBM matches 8 percent of an employee’s salary when the employee contributes 3 percent of salary. The enhanced plan would increase IBM’s contribution to 10 percent, depending on the percentage of salary employees contribute themselves.

“Taking action to maintain competitiveness in the marketplace and introduce greater predictability to long-term pension provision costs, IBM U.K. communicated to its employees initiation of a consultation process regarding a package of pensions-related proposals,” according to an e-mail from an IBM spokesman in response to questions. “These proposals include enhancements to the defined contribution plan for all IBM UK employees, and closure of the defined benefit plans for existing members.”



Filed by Thao Hua of Pensions & Investments, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.



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Posted on July 9, 2009August 31, 2018

Hospitals Agree to Forgo $155 Billion for Health Reform

The nation’s hospitals agreed Wednesday, July 8, to give up $155 billion in future Medicare and Medicaid payments during the next 10 years, with those savings being used to help fund coverage for the uninsured as part of health care reform legislation.


The announcement of the agreement between the White House and the hospital industry came at a White House ceremony, with the deal announced by Vice President Joe Biden. President Barack Obama is traveling in Europe.


Biden, with officials from several big hospital trade associations at his side, was upbeat about the prospects of reform legislation being enacted this year.


“Reform is coming. It is on track. … We have never been as close as we are today, and things remain on track,” he said.


Still, the original timetable for consideration of health care reform hasn’t been met. For example, Senate Finance Committee Chairman Max Baucus, D-Montana, earlier said his committee would start to consider a bill in mid-June, but a bill has yet to be produced.


The Senate Health, Education, Labor and Pensions Committee, though, has been considering a draft proposal during the past few weeks. It isn’t known when that panel, which shares jurisdiction on health care legislation with the Finance Committee, will vote on a final bill.


In the House, the chairmen of three committees with jurisdiction on the issue unveiled a draft bill, but committee action on that proposal hasn’t begun yet. The HELP Committee and House chairmen’s bills, among other things, would require all but small employers to offer coverage meeting certain standards or be slapped with financial penalties.


Few details about the agreement between the White House and the hospital industry were released at the White House ceremony. The hospital industry, though, could stand to be a big winner if Congress approves a key element of health care reform legislation, moving the country closer to universal coverage.


More than 46 million Americans lack health insurance. If a big dent is made in that number, hospitals would see a significant reduction in the amount of uncompensated care they provide.



Filed by Jerry Geisel of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on July 8, 2009August 31, 2018

Study Links Race, Ethnicity to 401(k) Participation

White and Asian employees, regardless of pay, are far more likely to participate in 401(k) plans and to make bigger plan contributions than African-American and Hispanic employees, according to a new study.


Among those employees earning between $30,000 and $59,999, 75 percent of African-American and Hispanic employees participated in their employers’ 401(k) plans.


That compares with an average participation rate of 84 percent for Asian employees and 80 percent for white employees, according to a study conducted by Hewitt Associates of Lincolnshire, Illinois, and Ariel Education Initiative, a nonprofit affiliate of Chicago-based mutual fund provider Ariel Investments.


Participation rates also were linked to racial and ethnic backgrounds at higher income levels. For example, participation rates for those earning between $60,000 and $89,999 averaged 83 percent for African-American employees and 85 percent for Hispanic employees.


The participation rate averaged 92 percent for Asian employees and 88 percent for white employees in the $60,000 through $89,999 pay range.


At the highest income range, though, the differences in participation rates were much smaller.


For those with earnings of at least $120,000, the participation rate for Asian employees averaged 94 percent, compared with 92 percent for whites, 91 percent for African-American employees and 90 percent for Hispanic employees.


How much employees contributed to 401(k) plans also was directly tied to their racial and ethnic backgrounds. For example, on average, African-American employees earning between $30,000 and $59,999 deferred 5.9 percent of pay and Hispanic employees deferred 6.1 percent of pay to their 401(k) plans.


By contrast, Asian employees in the same pay range deferred an average of 8.4 percent of pay, while whites deferred an average of 7.1 percent of pay.


These racial and ethnic differences exist even at the highest income levels. For example, Asian employees earning at least $120,000 a year deferred an average of 12.1 percent of pay to their 401(k) plans, while white employees deferred an average of 10.4 percent. That compares with an average deferral rate of 9.7 percent for Hispanic employees and 9.2 percent for African-American employees.


The study also found that Asian and white employees, on average, take fewer hardship withdrawals and loans from 401(k) plans than African-American and Hispanic employees.


The study didn’t attempt to analyze why participation and contribution are higher for Asian and white employees compared with African-American and Hispanic employees. Still, those differences need to be addressed “if retirement security is to be a reality for all Americans,” said Mellody Hobson, president of Ariel Investments, in a statement.


“A Study of 401(k) Savings Disparities Across Racial and Ethnic Groups—The Ariel/Hewitt Study,” funded by the Rockefeller Foundation, is based on 401(k) plan information—through December 31, 2007—for 3 million employees working at 57 large companies.


Summaries of the study are available at www.hewittassociates.com and www.arielinvestments.com.



Filed by Jerry Geisel of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on July 6, 2009August 3, 2023

High Court Ruling in Employee Testing Complicates Diversity Efforts

Employers have less flexibility in implementing affirmative action and diversity programs as a result of last week’s U.S. Supreme Court decision in a reverse discrimination case brought by firefighters passed over for promotion in New Haven, Connecticut, observers say.


The Supreme Court’s 5-4 decision in Frank Ricci et al. v. John DeStefano et al., in which the court ruled in favor of 17 white and one Hispanic firefighters, also may be overturned by federal legislation, the observers say.


The case centers on whether the New Haven Civil Service Board was justified in refusing to certify the results of two fire department promotion examinations on the grounds that the tests may have had a disparate effect on blacks.


This occurred after it was learned that seven whites, at most two Hispanics and no blacks would be eligible for vacancies as a result of a 2003 captain’s test. Similarly, the result of a lieutenant’s test indicated neither blacks nor Hispanics would be eligible for eight vacancies, but 10 whites would.


The 17 white and one Hispanic candidates filed suit, alleging violation of Title VII of the Civil Rights Act of 1964 and the U.S. Constitution’s equal protection clause, among other charges.


A lower court ruled in New Haven’s favor. In June 2008, a panel of the New York-based 2nd U.S. Court of Appeals that included Sonia Sotomayor, a U.S. Supreme Court nominee, upheld the lower court in a brief ruling. The appeals court subsequently voted 7-6 against hearing the case en banc.


In overruling the lower courts, the U.S. Supreme Court majority last week said Title VII prohibits intentional discrimination, or disparate treatment, as well as disparate impact, which are practices that are “facially neutral” but discriminatory in operation.


The New Haven board decided against accepting the test results because they appeared to violate Title VII’s disparate impact provisions. The question is whether “the purpose to avoid disparate-impact liability excuses what otherwise would be prohibited disparate-treatment discrimination,” the court said in its opinion.


“Before an employer can engage in intentional discrimination for the asserted purpose of avoiding or remedying an unintentional disparate impact, the employer must have a strong basis in evidence to believe it will be subject to disparate-impact liability if it fails to take the race-conscious discriminatory action,” the high court said in its opinion.


New Haven did not meet this standard, the majority said. There is “no strong evidence of a disparate-impact violation, and the city was not entitled to disregard the test based solely on the racial disparity in the results.”


In a strongly worded dissent, Justice Ruth Bader Ginsburg criticized the majority’s requirement that there must be a “strong basis in evidence” to comply with Title VII’s disparate-impact provision.


“One is left to wonder what case would meet the standard and why the court is so sure this case does not,” Justice Ginsburg wrote.


“This decision certainly impacts the extent to which race, or even other protected characteristics, may be considered in correcting or adjusting personnel policies due to the risk of disparate impact,” said Gerald Maatman, a partner with Seyfarth Shaw in Chicago. “So there’s a new playing field, there’s new guide posts on the playing field” for employers to follow.


The decision applies to private and public employers, say many attorneys, who note it applies to other presumably neutral screening criteria, such as education in addition to testing.


Richard Meneghello, a partner with law firm Fisher & Phillips in Portland, Oregon, said that while the New Haven case involved promotions, “my guess is this case will have its greatest impact in the situations involving layoffs and downsizing and reductions in force.”


There is ambiguity over what constitutes “strong evidence,” observers say. The decision is “not necessarily going to limit the amount of litigation against employers. There’s questions here that need to be answered, and they’ll wind up being answered in other lawsuits,” said Joseph A. Saccomano Jr., a managing partner with Jackson Lewis in White Plains, New York.


Meanwhile, the decision reduces employers’ flexibility, observers say.


It “may make it harder for employers who are struggling with diversity decisions, and have always hoped there was a little more room for judgment calls in situations where you might be faced with so-called reverse discrimination claims,” said Michael W. Fox, a shareholder with law firm Ogletree Deakins Nash Smoak & Stewart in Austin, Texas.


“What it means is that employers need to be especially thoughtful when establishing selection processes and criteria,” said Katharine H. Parker, a partner with law firm Proskauer Rose in New York. “Under the decision, employers have less flexibility to disregard criteria after it’s announced and utilized.”


Observers say the decision may be overturned by federal legislation. Rep. Eleanor Holmes Norton, D-District of Columbia, last week said she plans to introduce such a bill when Congress returns from its recess.



Filed by Judy Greenwald of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on July 2, 2009June 27, 2018

June’s Jobless Jump Worse Than Expected; More Economic Turbulence Ahead

Recession-racked employers in the U.S. slashed 467,000 jobs in June, the Labor Department reported, far worse than the 363,000 that economists expected and a grim signal that the path to recovery will be bumpy.


The national jobless rate rose to 9.5 percent from 9.4 percent in May, a 26-year high.


Major stock indexes were down about 2 percent on the news.


The report—one of the most closely watched economic indicators—disappointed investors who had become encouraged by positive signs recently that key areas of the economy including housing and manufacturing were showing modest signs of improvement.


Nationally, the June jobs report was the latest blow to the market’s confidence about the economy.


In some of the nation’s largest states, the economic pain continues to escalate.


Several states, most notably California, are in the midst of a budget crisis.


The New York Legislature is at odds over unemployment insurance reform and an increase in unemployment benefits.


Business groups had fought against raising the state’s weekly payout, which is among the lowest in the nation, arguing it would burden companies with added premium expenses at a time they could least afford them. But the issue had gained some traction in Albany before the Senate stalemate took hold.


Worker advocates want the benefit raised from $405 a week to $475, and they want it to be indexed to the average weekly wage.


The report says that $267 million in added benefits would have reached displaced workers in the past year had Albany taken action. Federal stimulus dollars temporarily added $25 a week to the state’s maximum benefit, but New York’s payout still lags the maximums in neighboring New Jersey, Pennsylvania and Connecticut. It has not been raised in 10 years.


“A serious casualty of the chaos in Albany is that unemployed workers, in all industries, are being forced to scrape by with benefits far less than what many other states consider acceptable,” said Andrew Stettner, deputy director of the National Employment Law Project.


Through the middle of June, 800,000 New York workers filed first-time claims for unemployment insurance in 2009, or about 33,000 per week. That outpaces last year’s claims by more than 50 percent.


In Michigan, a state devastated by the collapse of the American auto industry, times appear to be getting even tougher.


The outlook for Michigan businesses over the next six to 12 months has worsened, according to a new survey from the American Society of Employers.


Nearly 70 percent of 200 Michigan employers surveyed in early June report their outlook has worsened when compared with the previous six months.


Of the total, just 12 percent report their business outlook has improved.


The negative outlook is affecting hiring forecasts, according to the survey, with just 5 percent of employers expecting to increase hiring compared with the previous six months.


Additionally, just 15 percent of surveyed companies expect to increase hiring in 2010 compared with 2009, said Mary Schroeder, CEO of the American Society of Employers, in a release.


Automotive suppliers lead all sectors in their negative outlook, with 90 percent of those companies taking a worse view of the next six months.


The survey found:
• 89 percent of automotive suppliers surveyed said they made permanent staff reductions in 2009, compared with 54 percent of non automotive suppliers.


• 87 percent of automotive suppliers instituted pay freezes this year, compared with 52 percent of other companies.


• 73 percent of automotive suppliers reduced wages and salary, compared with 30 percent of other companies.


• 66 percent of automotive suppliers instituted mandatory, unpaid leaves for employees, compared with just 10 percent of other companies.


“This is part of the market recovery,” said Roy Williams, chief executive of Prestige Wealth Management. “You’re going to get bad news.”


Williams forecast that the unemployment rate is likely to reach 11 percent.



Filed by Daniel Massey of Crain’s New York Business and Sherri Begin Welch of Crain’s Detroit Business, sister publications of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on July 2, 2009June 27, 2018

Obama Renews Call for Public Health Care Plan Option

President Barack Obama on Wednesday, July 1, continued his pitch for federal lawmakers to include a public health plan option as part of sweeping health care reform legislation.


A public plan option is needed to keep the health insurance market competitive, the president said in remarks at a town hall meeting in Annandale, Virginia.


“This public option is important because if the private insurance companies have to compete, it will keep them honest and help keep prices down,” he said.


Commercial insurers have criticized the proposal, warning that a public plan could drive private insurers out of the market, eventually resulting in a single-payer system.


Obama also said a primary goal of reform is to expand coverage to those who now can’t afford it.


“This is a moral and economic imperative, because we know that when someone without health insurance is forced to get treatment at the [emergency room], all of us end up paying for it—to the tune of about $1,000 per person,” he said.


Turning to how to pay for the cost of subsidizing premiums for the lower-income uninsured, Obama said one revenue source would be a reduction of government subsidies paid to insurers who provide coverage to Medicare-eligible retirees through Medicare Advantage plans.


“We are on track to spend $177 billion over the next decade in unwarranted subsidies to insurance companies that add nothing to care. … Those are your tax dollars, and you deserve better in return. That’s why we’ll direct those resources toward lowering costs, expanding coverage and improving quality for all Americans,” he said.



Filed by Jerry Geisel of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on July 1, 2009June 27, 2018

Bill to Found Consumer Financial Protection Agency Heads to Congress

The Obama administration sent a 152-page bill to Congress on Tuesday, June 30, that would set up a Consumer Financial Protection Agency, a key component of its financial services regulatory reforms.


The legislation unveiled Tuesday is the first of a number of regulatory bills the administration will send to Congress in the coming months.


The CFPA would have the power to supervise financial companies that sell such products as mortgages, credit cards and payday loans and would improve transparency, protect consumers from unfair practices and bring together fragmented responsibility for consumer protection, said Michael Barr, assistant Treasury secretary for financial institutions, who briefed reporters on the legislation.


“It would be able to level the playing field for high standards for consumers so that we don’t have the experience … of bad practices growing up in the less-regulated, less-supervised sector and [hampering] other financial institutions [from offering] the kind of products and services that they wanted to offer and still be profitable,” Barr said.


The Securities and Exchange Commission would continue to regulate such investment products as mutual funds.


Barr argued that the legislation does not represent heavy-handed government regulation of financial institutions, even though the legislation would require financial institutions to offer “plain vanilla” products for mortgages and other consumer products.


Offering simpler products would allow consumers to compare products more easily, he said.


Despite Barr’s assurances, financial services trade groups oppose the CFPA.


The bill “would create one more agency and create more regulatory gaps at a time when everyone is trying to streamline the regulatory system,” the Financial Services Roundtable of Washington said in a statement.


FSR represents 100 of the largest financial service companies in banking, insurance and investment products.



Filed by Sara Hansard of Investment News, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on June 30, 2009August 31, 2018

Dear Workforce How Do We Persuade Management to Spend Money on Data Integrity for Recruiting, Hiring

Dear Not Winning Them Over:

 

If you want support for your initiative, tie it to business-success indicators. Consider that your top executives are not particularly concerned with how well you perform recruiting functions and report headcount, overtime and turnover. But they are interested in improving profitability, productivity and other bottom-line outcomes. Redefining yourselves as talent solution experts, instead of recruiters, may help you think creatively about how your expertise could more directly benefit the business.

If you can use your expertise to solve a productivity deficiency, for example, by reducing turnover, improving the quality of new hires or reducing time-to-hire—and you are able to quantify the resulting improvement in productivity—you have a much stronger case for investing in your work group.

To win approval, you must first demonstrate how your ability to acquire high-quality people leads to measurable increases in client profitability, efficiency and customer service. Second, gain credibility by implementing solutions with results that delight your clients, and document your impact on the bottom line. Third, develop your proposal for obtaining financial support to include a promise to return a substantial benefit to the business as measured by management.

If you do all these well, it will be very easy for management to see the value of your proposal and give you the resources you need. Do them poorly, or skip a step, and you will most likely be perceived as simply one more overhead function requesting capital that could otherwise be invested in revenue-generating activities—a tough sell regardless of your persuasion skills.

SOURCE: Kevin Herring, Ascent Management Consulting, Oro Valley, Arizona, December 18, 2007

LEARN MORE: Many companies struggle with incomplete data when hiring or recruiting.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

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Dear Workforce Newsletter
Posted on June 30, 2009August 31, 2018

Dear Workforce How Do We Improve Our Performance Evaluations

Dear Everybody Is the Same:

 

What has been referred to as grade inflation or expansion can be attributed to five primary causes.

One is that the organization has not clearly defined to managers and employees what “good” or “expected” behavior looks like.

Another cause is that neither managers nor employees are properly trained how to measure and report performance results.

A third reason is that it is not unusual for both managers and organizations to make the mistake of viewing and using a performance appraisal process as a means of rewarding employees and staying in their good graces.

A fourth cause may be that managers have not experienced a model of a proper performance appraisal as a step in a comprehensive employee development system.

The fifth and final possible cause of grade inflation is that the final result is not challenged. In some instances a manager is permitted to submit a performance appraisal with a high rating and it goes unchallenged by his or her manager and is not compared with other employees.

Any of these reasons—or especially a combination of two or more—may indicate that your process is broken and in desperate need of repair and possibly replacement.

This space does not permit the opportunity to fully outline a detailed process, but I can offer a few suggestions.

First, audit your process. Take a close look at what you have and compare it with what you think you have and what you want. You may discover that what you have is exactly what you wanted when the process was implemented years ago. Try to see how your performance appraisal process fits in with the company’s staff development goals. Then determine whether or not they are consistent with the company’s mission to provide quality service, products, etc.

Develop focus groups to determine the perception of the process to members of the management team and line employees. There should be at least two teams: one group of only supervisors or evaluators, and another group of employees who are evaluated. You may want to have a third group that consists of both managers and employees.

Clearly define what the company wants from a performance appraisal process that supports staff development consistent with the company’s mission. Design or commission a process to be designed that addresses the company’s needs. This may require the development of multiple evaluation forms. You may discover that you need separate instruments to clearly define the performance of managers, non-managers, professionals, line employees and specific departments. Clearly define “good” or “expected” performance for each performance competency being evaluated.

Introduce the process to the company one layer at a time. The senior management team should experience the process first. Middle- and/or first-line supervisors should be introduced to the process in the second phase, and finally other employees should be brought in.

All company employees must be trained on how the new process works. It is important that managers fully understand the importance of how accurate assessments affect the organization. In the same respect, line employees must clearly understand how the process works and the definitions of “good” and “expected” performance. Without that knowledge they will not be able to properly assess their performance; if they cannot assess their performance they cannot fully participate.

Most important, the performance appraisal should be a step in the employee development process. The form is merely a documented summary of employee outcomes supported by a series of interactions and communication meetings with the employee’s supervisor or manager.

The final performance rating must be challenged. The appraisal form should be reviewed by at least one level above the evaluator and human resources for consistency. Each performance rated either above expectations or below expectations should require documentation that justifies the rating. Any final performance rating above or below expectations should be pre-approved by the evaluator’s manager prior to the evaluator reviewing it with the employee, so that the employee does not receive an evaluation that management does not fully support.

SOURCE: Lonnie Harvey Jr., SPHR, president of the Jesclon Group, Rock Hill, South Carolina, December 18, 2007

 

LEARN MORE: In a related matter, please read about how to separate merit raises from performance scores.

 

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

 

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Dear Workforce Newsletter
Posted on June 30, 2009August 31, 2018

Dear Workforce Why Are Companies Taking an Interest in Health Audits

Dear We May Be Overpaying:


Eligibility audits are designed to spot inadequate procedures—and lack of enforcement—that contribute to overpayment of health claims. Although employees often resist the idea, most audits provide an amnesty period during which ineligible dependents can be removed with no penalties.

 

Correcting eligibility requires plan sponsors to develop an employee documentation process. This concept is not new, but it does result in decreasing claims exposure.

Specialty audit firms can be helpful in performing eligibility reviews since they have the necessary staff to handle the administrative requirements of the process. These requirements include developing and sending initial notification letters to all employees with dependent coverage; collecting documentation; answering calls from employees wanting clarification or information; and providing updated eligibility information to other plan vendors.

Eligibility audits should be considered, for example, if a health plan:

 

  • Does not require certified dependent documentation.
  • Recently changed administrative service providers.
  • Has recently experienced a merger or acquisition.
  • Has a high turnover rate or collects enrollment information from multiple sources.
  • Does not receive monthly adds/drops from the plan administrator.

Eligibility audits can also help plan sponsors answer such questions as:

  • Are system updates timely?
  • Are overpayments identified and recoveries pursued following retroactive changes?
  • Is there exposure to high-dollar claims for dependents not qualifying for stop-loss coverage?

It’s easy to see why employers are looking at eligibility audits as a way to combat rising benefit costs, but they cannot be the only arrow in the quiver. There is no substitute for a well-thought-out health benefits plan aligned with an employer’s objectives that is diligently administered.

SOURCE: MaryAnne Watson and Don Cardone, the Segal Co., Phoenix, November 28, 2007

LEARN MORE: You can learn how companies are using dependent audits.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

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