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Posted on February 27, 2009June 27, 2018

‘Never Events’ Survey Finds Employers Say No Way That They Should Pay

Ninety-five percent of employers say hospitals should waive all costs associated with so-called “never events,” or serious and largely preventable illnesses or injuries that occur at a hospital, a survey by the Midwest Business Group on Health has found.


While employers say never-event charges should be waived, only 68 percent of a group of health care industry stakeholders—including hospitals, public health officials, and health plan and medical providers—agree with that position, according to the survey.


Moreover, nearly all employers responding to the survey said hospitals should refrain from trying to collect payment from patients for treatment of a never event. Just 70 percent of health care industry stakeholders agreed.


Despite the stance, few, if any, employers are enforcing a never-event policy, said Larry Boress, president and CEO of the Chicago-based health care coalition. The primary reason is a concern that their employees might be billed for the balance of the charges, he said.


Other survey findings include:


• Sixty-two percent of employers said they or their health plans should reimburse hospitals for treatment of conditions that the patient contracted after hospital admission if the hospital is not at fault, compared with 52 percent of health care industry stakeholders.


• Thirty-six percent of employers said they or their health plans should pay for never events, compared with 35 percent of health care industry stakeholders.


• Seventy-seven percent of employers said their health plans should adopt a nonpayment policy for hospital-acquired conditions similar to that used by the Center for Medicare and Medicaid Services, compared with 59 percent of health care industry stakeholders.


• Ninety-one percent of employers said hospitals should apologize to the patient in the event of a serious medical error or hospital-acquired condition, compared with 83 percent of health care stakeholders.


The survey was conducted as part of the Midwest Business Group on Health’s hospital performance and public reporting efforts. The survey that was conducted this month included responses from 50 employer members of the coalition and 110 health care industry stakeholders.


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


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Posted on February 26, 2009June 27, 2018

Senator Wants Tougher Target-Date Rules

The chairman of the Senate Aging Committee, Herb Kohl, D-Wisconsin, has asked the Department of Labor to establish rules and regulations governing the composition and advertising of target-date retirement funds.


In a letter Tuesday, February 24, to Hilda Solis, who has been confirmed as labor secretary, Kohl said different target-date funds—approved by the Labor Department as a qualified default investment alternative for defined-contribution plans—had significantly different asset allocations that could expose investors to excessively high risk.


“According to the Dow Jones Target Portfolio Indexes, a firm’s asset class allocation for 2010 target date funds’ equity should be around 27% in equities,” Kohl wrote as an example. “Despite this, a number of large investment firms have equity holdings well over 50%, exposing employees to excessive risk and ultimately, huge financial losses.


“These products are designed to automatically reallocate funds over time from equities toward fixed income and cash so that, when a person reaches their retirement age, the majority of their investments are no longer in equities. Yet, one 2010 target-date retirement fund with such holdings lost over 40% in 2008. A loss of this magnitude simply should not occur in a financial product that was designed and is specifically advertised to limit risk and volatility as one nears retirement,” Kohl wrote.


In a separate letter Tuesday, Kohl also asked Securities and Exchange Commission Chairman Mary Schapiro to look at the underlying composition of the funds and how the asset allocations are disclosed.


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


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Posted on February 26, 2009June 27, 2018

Larger DC Accounts Hit by Crisis, EBRI Says

Defined-contribution plan participants with higher account balances have been hit hard by the market crisis, as have those near retirement age with high equity exposure, according to an Employee Benefit Research Institute study.


Those 401(k) participants with more than $200,000 in account balances had an average loss of more than 25 percent from January 1, 2008, to January 20, 2009, while those with less than $10,000 had an average growth of 40 percent, as equity losses were more than offset by contributions, according to the analysis.


Also, EBRI said, nearly 25 percent of plan participants 56 to 65 years old had more than 90 percent of their account balances in equities at year-end 2007 and more than 40 percent had more than 70 percent.


“Had all 401(k) participants been in the average target-date fund at the end of 2007, 40 percent of the participants would have had at least a 20 percent decrease in their equity concentrations, and consequently, might have mitigated their losses, sometimes to an appreciable extent,” EBRI said in a news release accompanying the study.


In terms of recovering losses experienced in 2008, the analysis noted that at a 5 percent equity rate of return assumption, employees with the longest tenure at their current employer would need about two years to recover their losses. If the equity rate of return is lowered to zero, the time to replace losses sustained rises to 2½ years.


The EBRI analysis used a database of more than 21 million 401(k) participants.


Filed by John D’Antona Jr. of Pensions & Investments, a sister publication of Workforce Management. To comment, e-mail editors@workforce com.

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Posted on February 26, 2009June 27, 2018

Judge Grants Delphi’s Wish to End Retiree Health Benefits

Delphi, the largest auto parts supplier to General Motors, convinced a federal court that the success of its bankruptcy reorganization depended on terminating health benefits for thousands of white-collar retirees.


About 15,000 retirees will lose their health benefits as soon as March 31.


The company will also be allowed to eliminate retiree health care for all current and future salaried employees.


U.S. Bankruptcy Judge Robert D. Drain approved the request at a New York hearing Tuesday, February 24, over the objections of about 1,600 retirees who held that the company didn’t have the right to unilaterally eliminate their health benefits.


The benefits that will be terminated include health reimbursement accounts for Medicare-eligible retirees and their spouses and a 1 percent contribution to a retiree savings plan for active workers hired between January 1, 1993, and the end of 2000. The company will also end post-retirement basic life insurance benefits for current and future retirees.


The court said Delphi, in terminating the benefits, was making a “reasonable business judgment.”


Eliminating these benefits is estimated to save Delphi $70 million annually, or $200 million from April 2009 until the end of 2011. Terminating retiree health benefits also removes $1.1 billion from the company’s balance sheet.


Retiree health care costs have burdened the struggling auto industry. In recent years, the Detroit Three automakers have eliminated defined health benefits for white-collar retirees.


Last summer, GM announced it would no longer provide health care benefits to white-collar retirees 65 or older, instead providing a slight increase in pension payments to help cover the cost of supplemental Medicare plans. Ford has made its white-collar retirees pay more for medical benefits. Chrysler eliminated medical benefits for its retired salaried workers in 2006.


Union retirees have retained their health benefits, but that could change depending on the ability of automakers to weather the recession.


The United Auto Workers said this week it had renegotiated the terms of its retiree health care with Ford, allowing the company to fund the plan with stock instead of cash. Both GM and Chrysler are expected to strike similar deals.


—Jeremy Smerd




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Posted on February 26, 2009June 27, 2018

EEOC Proposes Rules to Bar Genetic Discrimination

Employers would be prohibited from making hiring, firing and other personnel decisions on the basis of workers’ genetic predisposition to a disease under rules to be proposed this week by the Equal Employment Opportunity Commission.


The proposals, which are open for public comment over the next two months, also would bar employers from deliberately acquiring genetic information from employees and job applicants, according to testimony before commissioners by EEOC lawyer Christopher Kuczynski on Wednesday, February 25


In addition, employers would be restricted from disclosing genetic information about workers and applicants. Violators would be subject to compensatory and punitive damages under some circumstances.


The rules, which must be issued by May 21, would implement the Genetic Information Nondiscrimination Act of 2008, which was signed into law by President George W. Bush last May. It is the first legislative expansion of employment discrimination law since the 1990 Americans with Disabilities Act and extends the reach of the law beyond age, race, religion, sex and disability.


“Congress believed that individuals were not taking advantage of genetic tests that could inform them whether they are at risk of acquiring certain conditions, because of concerns about discrimination,” Kuczynski told commissioners in Washington on Wednesday. “Moreover, without this legislation, Congress believed individuals might be reluctant to participate in beneficial genetic research.”


The rules would apply to public and private employers with at least 15 employees, the EEOC said in a fact sheet.


The genetic information covered by the rules includes tests of an individual and his or her family, as well as family medical history.


The rules would not apply to information about an individual’s current disease or condition. The category of “genetic information” also excludes the sex or age of a person, or tests for drug or alcohol use, the fact sheet said.


Employers would be barred from intentionally acquiring this information, though there would be a so-called “water cooler” exception for supervisors who inadvertently learn of an employee’s condition.


Such instances might include a boss overhearing a conversation between co-workers or receiving genetic information in response to a question about the general health of an employee, according to the fact sheet.


Because of these exceptions, workers could not file claims under a so-called “disparate impact” theory, attorney Rae Vann said at the hearing.


“Disparate impact” claims have alleged, for example, that employer background or credit checks have inadvertently discriminated against minorities because of their disproportionate brushes with the criminal justice system and credit collection agencies, she said in an interview.


Employee advocates Wednesday hailed the implementation of the legislation. The law had been opposed by business groups.


“This is really the first time that the Congress has passed such legislation before the covered discrimination has become completely ingrained in the social fabric,” said Jeremy Gruber, president of the Council for Responsible Genetics.


The legislation, which unanimously passed the Senate and passed the House with only one opposing vote, is a response to developments in the field of genetics, the decoding of the human genome and advances in genomic medicine.


Genetic tests now can determine whether individuals may be at risk for a specific disease or disorder.


As of 2008, only one genetic discrimination suit had ever been filed, even though 41 states have laws prohibiting such discrimination on their books, according to Washington employment lawyer Burton Fishman.


“To the extent that employment discrimination on the basis of genetic discrimination has not been a pervasive problem, the EEOC should point out in its implementing regulations that the aim of the law is to prevent a discrimination problem from developing,” said Vann, a Washington lawyer with the Equal Employment Advisory Council, a nonprofit group that represents Fortune 500 companies.


The regulation should be “user-friendly,” with “clear and practical examples,” she told the EEOC panel.


Another employment lawyer recommended that the rules clarify a potential problem for small businesses.


These businesses often request physicians’ notes to excuse worker absences, said Karen Elliott, an attorney with the firm of Gregory Kaplan and a member of the Society for Human Resource Management.


Physicians’ notes sometimes volunteer medical information, she said.


“The regulations should clarify the breadth of exceptions permitting acquisition of all such information,” Elliott said.


The 2008 law also bars health insurance decisions based on genetic information. The Labor, Treasury and Health and Human Services departments are preparing rules to implement that portion of the legislation.


Filed by Neil Roland, a staff writer for the Crain Financial Group, which includes Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on February 26, 2009June 27, 2018

Portland Employers Find Its Easy Being Green

In Portland, Oregon, your company isn’t really green unless you’ve got a bike cage in the parking structure, a compost bin in the lunchroom, fume-free paint on the walls, recycled glass on the lobby front desk, and nary a plastic water bottle, paper cup or soda machine in sight.


Portland’s strict land-use laws, burgeoning renewable energy industry, mass transit system, bike culture, parks and clean water are only some of the reasons it has been voted “Greenest City in America” by Popular Science and “one of America’s top 10 cleanest cities” byForbes.


The everyday practices of local businesses have helped the Rose City earn its green bragging rights.

But companies have ulterior motives. Despite the recession, Portland employers have to tout their green know-how if they want to attract the best possible job candidates, according to Lois Brooks, HR committee chairwoman of American Electronics Association’s Oregon chapter and HR director at WebTrends, a Web analytics and online marketing company.

“It helps your brand in the marketplace,” Brooks told several dozen chapter members attending a November 2008 seminar on going green. When it comes to green initiatives, employees need an advocate, and HR can fill the bill, Brooks says.


Tripwire Inc. is a good example of green practices some Portland companies are putting in place and of the input that workers have in the process.


In November, the 12-year-old online security company moved 170 employees into new headquarters in 33,000 square feet on two rebuilt floors of a downtown Portland high-rise. At the same time the company was pondering moving, employees had begun requesting that managers step up their commitment to sustainability.

It eventually fell to HR generalist Barbara Salegio to coordinate the move and spearhead a newly created employee sustainability committee. One of the committee’s functions: help decide which green upgrades to buy with $1.2 million the company received from its new landlord for tenant improvements.


With the committee’s input and management’s blessing, Salegio opted to use the money for such things as an open layout that lets natural light into 90 percent of the area; low-volatile organic compound paints to cut back on fumes released during application; upholstered furniture made from skins and frames that can be taken apart and recycled; and a cafeteria with reusable dishes and utensils, dishwasher, composting bins, a minimum of disposable paper products and no garbage disposal.

The vending machines there don’t offer plastic water bottles or canned drinks. The espresso machine has a paperless filter. A cage in the building’s parking lot holds up to 18 bikes.


Going green hasn’t been 100 percent easy.

Tripwire chose not to apply for certification from the Leadership in Energy and Environmental Design Green Building Rating System because the additional expense wasn’t in the budget.


Despite Salegio’s best efforts, paper cups keep appearing in the lunchroom. And there’s a lot more on her wish list, including dual-flush toilets, light sensors throughout and using more renewable resources for the company’s energy-hogging 3,000-square-foot data center.


But it would have been difficult to have gotten even this far anywhere else, Salegio says. Originally from Chicago, she has shared some of her green lessons with HR colleagues there.


“They all think it’s nice and dandy, but they’d never adopt something like that. It wouldn’t look as right,” she says.


Portland’s green reputation has become a magnet for companies looking to improve their green practices, such as Vidoop. Every one of Vidoop’s 37 employees moved from Tulsa, Oklahoma, to Portland in September after CEO Joel Novell decided the 2-year-old security software company needed to be closer to its primarily West Coast customers.


After a search, Novell and his employees decided Portland matched their lifestyles better than Seattle or San Francisco.


Today, the majority of the company’s employees commute by public transportation, bike or foot, including Novell, who lives within walking distance of the firm’s headquarters in downtown Portland’s Old Town district.


“I had three cars in Oklahoma and I have none now,” he says.


Maybe the biggest testament to Portland’s green scene: Shortly after Vidoop moved, the economy tanked, requiring the company to let nine people go.


To date, none has returned to Oklahoma.


Workforce Management Online, March 2009 —Register Now! 

Posted on February 25, 2009June 27, 2018

GOP Introduces Bill Mandating Secret-Ballot Union Elections

Capitol Hill Republicans threw the first legislative punch in the fight over union law on Wednesday, February 25. But Democrats could land a haymaker of their own later with a bill that is much more likely to obtain congressional approval.


Members of the House and Senate GOP introduced a bill that would mandate secret-ballot elections to form a union. The measure is meant to counter a bill Democrats could debut any day that would make it easier for employees to organize.


Called the Employee Free Choice Act, the Democratic bill would force companies to recognize unions when a majority of workers sign cards authorizing one. Under current law, corporations can require a secret-ballot election supervised by the National Labor Relations Board.


Proponents of the EFCA argue that it will protect workers from intimidation and delaying tactics that employers use to stymie unions. But Republicans who unveiled the Secret Ballot Protection Act on Wednesday assert that the EFCA would foster union coercion during organizing campaigns because the cards have to be signed publicly.


“With this bill, we’re sending the message that fundamental democratic rights should not be negotiable,” said Rep. Howard “Buck” McKeon, R-California and ranking Republican on the House Education and Labor Committee.


Whether the EFCA eliminates secret-ballot elections is a matter of debate. Advocates say the bill lets employees choose whether to use a so-called card-check process or secret ballots to organize.


Opponents say that by instituting a union when a majority of cards have been collected, the bill would obviate any other method. Rep. John Kline, R-Minnesota and a co-sponsor of the secret-ballot bill, said that in order for a secret ballot to be used, there would have to be a parallel organizing campaign.


“I cannot imagine a scenario where [card check] does not come about,” Kline said.


But the secret-ballot bill would not allow card-check elections under any circumstances. Many companies, including AT&T, have allowed them voluntarily.


The bill was launched with 101 House co-sponsors and 15 Senate co-sponsors, all Republicans.


Despite being the top priority of organized labor, the EFCA has not yet been introduced. Unions rallied for the bill at a February 4 event on Capitol Hill.


At a similar time during the previous Congress, the bill had been introduced with 233 co-sponsors and approved by the House. It was stopped by a Senate filibuster.


In the new Congress, Democrats have substantially increased their majorities in the House and Senate. In addition, President Barack Obama was a co-sponsor of the legislation when he was a senator and promoted it during his presidential campaign.


Democratic leaders will introduce the bill “soon,” said Aaron Albright, a spokesman for the House Education and Labor Committee. “We will have the overwhelming support of the [Democratic] caucus and a few Republicans.”


Business and labor groups are locked in a fierce and expensive battle over the bill. Corporate advocates say that it will raise the cost of doing business in the midst of a recession.


Backers of the choice measure say that it will be an economic boon for workers. As more of them organize, they will gain leverage to increase pay and benefits.


The Economic Policy Institute on Wednesday, February 25, released a statement by 25 economists in support of the bill.


Frank Levy, a professor of urban studies and planning at the Massachusetts Institute of Technology, said that although productivity has increased by 45 percent since 1990, an average 40-year-old man with a high school diploma has seen his wages stagnate. Someone with four years of college has earned an 18 percent wage increase.


“Even people with a bachelor’s degree are having trouble grabbing on to their fair share of labor productivity,” Levy said in a media conference sponsored by the Economic Policy Institute. “Unions are very weak, so that leaves the typical worker with weak bargaining power.”


But Sen. Jim DeMint, R-South Carolina and a co-sponsor of the secret-ballot bill, questions whether greater unionization ushered in by the choice measure would benefit workers.


“This is the American auto industry business model—to force people to join a union,” DeMint said. “We’ve seen how that worked.”


—Mark Schoeff Jr.


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Posted on February 25, 2009June 27, 2018

Downturn Dilemma

In the context of the current recession and existing retirement plan design, employers are left to pick their poison. Defined-benefit plans provide excellent tools for managing retirements but pull hard cash out of the company, while defined-contribution plans require less hard cash but leave companies ill-equipped to manage retirements. Hybrid plans—a third option—are just now emerging from years of regulatory chaos.

In the past three decades, companies have steadily adopted the defined-contribution option, primarily in the form of 401(k) plans. The financial downturn has confirmed, however, that 401(k) plans fuel retirement patterns that run counter to business needs in a cyclical economy.

When economic growth is strong and employers need to retain workers, 401(k) account balances rise and employees are more likely to retire. When growth slows and employers need to trim headcount, 401(k) balances drop and workers are less likely to retire. An extensive 2008 study from the Wharton Pension Research Council confirms that plan participants significantly delay their retirement during the down phase of a business cycle.

Already-inadequate 401(k) account balances have taken a huge hit in the current downturn. For workers nearing retirement—those 56 to 65 with 21 to 30 years of job tenure—the average account balance fell 20 percent in the first 11 months of 2008, according to the Employee Benefit Research Institute. For some participants, accounts are down 30 to 40 percent.

Before the full depth of the downturn unfolded, Alan Glickstein, senior retirement consultant at Watson Wyatt Worldwide, had already warned employers about the latent risk in 401(k) plans, which leave companies with little control over who retires and when. With the financial crisis, this risk is no longer latent.

Employers now face two issues: the short-term problem of managing the workforce through a period when workers are unwilling to retire in a timely fashion, and the longer-term challenge of redesigning retirement plans to create better control over retirement patterns.


Short-term strategies
For employers operating outside the United States, mandatory retirement laws and government-sponsored pensions ease the challenges of managing a workforce through a downturn. Within the U.S., however, the next few years will pose a particularly sharp challenge.

In the short term, employers have two options. “The first is to simply deal with the fact that some employees will stay on longer than you want and determine what that means for employee morale, productivity, costs and career paths for younger employees,” Glickstein says. “The second option is to create programs that encourage these older employees to fully or partially leave.”

Glickstein believes more employers will offer retirement incentives, such as voluntary programs with a window for additional retirement benefits. “These programs need to be modeled economically, however, because they carry costs,” he cautions. “Even in a more normal environment, the take-up rate is hard to predict and now it will be harder still. There’s a psychological fear factor among employees that is difficult to account for.”

A phased retirement program could be part of the package, and Glickstein reports a tremendous rise in interest in these programs over the past year. “The objective is to manage workers out of the workforce in a fashion that carries lower risks for both the employer and the employee,” he notes.

The ability to manage retirements may be further complicated by the rapidly growing trend to conserve cash by suspending the employer 401(k) matching contribution. A Watson Wyatt Worldwide survey found that 3 percent of employers eliminated their 401(k) match in the first 11 months of 2008 and 7 percent plan to eliminate it in 2009.

“What we are most concerned about is that actions taken during the crisis will reduce employees’ ability to retire and increase problems for employers,” Glickstein says.

“Some employers have no choice, but employers who do should look at all the alternatives and what happens in the longer term to retirements and morale when you cut the match,” he says. “These employers need to have more strategic discussions right now about their retirement plans and their future ability to manage the workforce.”


Consequences of cuts
Five percent of midsize and large employers made cuts in their 401(k) match during the 2002 downturn, according to Pamela Hess, director of retirement research for Hewitt Associates. She believes that the portion of companies cutting their match could reach 5 percent in 2009 or 10 percent if the recession is particularly long and deep.

“A lot of companies are asking us about cutting their match because it is one of the easy big-dollar savings, and once some companies in an industry do it, it’s easy for others to follow,” Hess says.

The cuts could last for two to three years or even four to five, but most companies will eventually reinstate the match, she believes. “That’s not altruistic—they want their employees to retire at some point,” she says.

Eliminating the employer match carries a number of potential risks. Studies of 401(k) plans demonstrate that an employer match raises participation rates significantly and increases the employee contribution rate by almost 1 percent.

At some companies, eliminating the match may trigger nondiscrimination issues or eliminate safe harbors. “Employers may need to change vesting or tweak other elements of the plan to reduce the number of lower-paid employees who leave the plan or cut their savings rate,” Hess says. “Reducing the match rather than eliminating it might be more palatable for employees. They may be more likely to stay the course.”

The economic downturn may also end the trend toward automatic enrollment.

“Companies that might have adopted it will hold off because of the cost, and companies that might have pushed it out to their existing employees will also hold off,” Hess says. “Opt-out rates are now 10 to 11 percent, but could go higher, especially at companies that have applied automatic enrollment to their existing employees.”

According to Hewitt’s research, 4 percent of 401(k) participants dropped out of their plans in 2008—a surprisingly low rate, Hess says. If the more pessimistic economic forecasts are correct, however, the consequences for 401(k) plans could be dire.

“The system has never experienced a time when these plans are so important and the markets are so bad,” Hess says. “Participation could drop by 20 to 30 percent.

“Employees who drop out of their plans may not get back in. People will not be able to retire, and tweaking a plan is not going to move older employees out of the company if they can’t afford to retire,” she says.

Glickstein does not believe the current downturn will spell the end of defined-contribution plans, but he says that employers must shift their focus from front-end fund-accumulation issues to back-end drawdown issues. “We need to see if we can turbo-charge defined-contribution plans to address the weaknesses by looking at annuity options and target-date funds, for example,” he says.


Rethinking pensions
The funded status of pension plans at S&P 1,500 companies dropped from 104 percent at year-end 2007 to 75 percent at the end of 2008, according to Mercer, a loss estimated at $469 billion. Mercer warns that the levels of funding needed in 2009 will create a serious drag on corporate earnings.


As employers face higher contributions to restore funding levels, the pressure to abandon traditional pension plans will grow. U.S. employers will be required to contribute more than $108 billion to their pension plans in 2009, according to Watson Wyatt.

Watson Wyatt research indicates that the rate of decline in the number of Fortune 100 companies offering defined-benefit plans slowed after passage of the Pension Protection Act of 2006, which established a more supportive environment for both traditional and hybrid plans. The trend away from traditional defined-benefit plans may accelerate again in this crisis.

As employers increasingly recognize the risks inherent in defined-contribution plans, however, interest in hybrid plans may grow. “Some companies moved to a defined-contribution plan only because of the chaos surrounding hybrid plans,” Glickstein says.

“Hybrid plans are now much more viable, and we will see an uptick in the number of companies adopting these plans on the other side of the crisis. We’ll see robust growth.”

Much of the growth will come as more companies with traditional pension plans convert to hybrids, but some will come from new plans, Glickstein predicts. “The high-tech industry, for example, has no history of defined-benefit plans, but now the companies have matured and the industry is ripe for new hybrid plans.”

The real challenge lies in the regulatory environment. “For years, hybrids were dead on arrival,” Glickstein says. “And now, there is no legal framework for phased retirement. The regulatory environment is the biggest obstacle to creating more agile retirement plans.”

He says, however, that the impending crisis in Social Security funding may lead to more collaborative discussions between the federal government and employers about retirement programs.

One upside of the economic downturn is that it is likely to spark new thinking about employer-provided retirement benefits, government-sponsored retirement programs and broader workforce management issues.

“Employers have shown an interest in better plan design,” Glickstein says. “They are also beginning to acknowledge that 401(k) plans carry financial risks just as pension plans do. It’s been an important ‘Aha!’ moment.”


Workforce Management, February 16, 2009, p. 29 — Subscribe Now!

Posted on February 25, 2009June 27, 2018

Teacher Hurt on School Trip Entitled to Workers’ Comp

A teacher hurt while accompanying students to an honor society conference is entitled to workers’ compensation benefits because her injury was work-related, Kentucky’s Supreme Court has ruled.


The teacher broke her shoulder in four places after slipping and falling on bleachers while attending the conference in 2003, according to court records in Clark County Board of Education v. Audeen Jacobs.


School administrators had given Jacobs permission to start a local honor society chapter and her school’s principal provided permission to attend the state convention.


An administrative law judge, a workers’ comp board and an appeals court all agreed she was entitled to benefits because she was providing her employer with a service by accompanying the students.


But the school board argued before the high court that her claim was not employment-related because she was not compelled to form the honor society chapter and she was not providing a specific benefit to her employer when she was injured. The board argued her service provided only a “vague and general benefit.”


The high court disagreed. It said in its February 19 ruling that her injury occurred within the scope of her employment because “the record permitted reasonable inferences the school board encouraged” her honor society activity. She was also allowed to accompany the students during normal working hours without deducting vacation or sick time.


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


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Posted on February 25, 2009June 27, 2018

Retirement System Needs Reform, Congressman Says

Congress must move to reform the nation’s retirement system, House Education and Labor Committee Chairman George Miller said Tuesday, February 24, and lawmakers are planning a series of hearings this year to figure out exactly how to do it.


“Clearly there’s corrective action that must be taken by the Congress,” said Miller, D-California, in an interview after a hearing on 401(k) reform. “We’re not meeting what I believe is a national mandate to encourage savings,” he added. “We’re not meeting the retirement objectives of the vast majority of American families.”


Miller said he hasn’t determined exactly what sort of reforms to pursue, but his committee had heard several good, different proposals aimed at promoting universal retirement coverage.


“People clearly believe you have to do this,” he said.


During the hearing, Miller also said he believed that in the short term, Congress had to address ways to improve 401(k) plans, making them more transparent, fair “and operated on behalf of the account holder, not Wall Street firms.”


“But we must also ask the difficult questions about the state of our nation’s retirement system as a whole and look to see whether we need to create a new leg of retirement security,” Miller said.


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


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