Pension & Benefits Reporter Index-Summary

CAFA (CLASS ACTION FAIRNESS ACT)

– Effect on job discrimination, wage and hour, and other suits reports, 258

CAFETERIA PLANS

– ABA comments on IRS proposals, In Brief, 1023
– Choice between taxable cash or tax-free benefits, CPA group seeks reconsideration of IRS rules, 338; comments filed, 968
– Exclusive noninclusion rule criticized, 655
– Final rule planned for 2008, 1116

CALCULATION OF BENEFITS

– Delayed benefit clause omitted by SPD, benefit calculation upheld (D.N.J.), 985
– Tire firm, one-year limitations period in purchase agreement bars indemnification claim (8th Cir.), 314

CALIFORNIA

– ESOPs, bogus optional basis transactions and tax shelters, resolution program launched, 1488
– Health care reform

– – Ballot question planned, 79
– – Cost issues raised, 196
– – Omnibus health care reform approved by Assembly, would impose pay to play system, 33; analysis says cost will exceed revenues, 238; labor unions divided, 239; Senate rejects, governor vows to pursue reform, 302
– – S.F., employer insurance contribution mandate

– – – Enrollment numbers reported, 1081
– – – Most employers following law, 623
– – – Preempted by ERISA (N.D. Cal.), 48; stay sought, 96; stayed (9th Cir.), 123; granted (9th Cir.), 201; restaurant association will not seek en banc review, 259; business wants stay vacated (U.S.), 421; business request denied (U.S.), 478; Chao argues for preemption (brief filed), 785

– IRAs, CalPERS access approved by Assembly, 1277
– L.A. living wage ordinance upheld (Cal.), 874
– Same-sex marriage ban violates state constitution (Cal.), 1135
– State and local government plans

– – Blueprint to meet obligations offered by bipartisan commission, 111
– – Corona, extra salary as department general manager not part of pension calculation (Cal. Ct. App.), 52
– – Corporate governance, CalPERS names worst under-performers, 710; calls for more diversity in corporate boards, 964
– – Medicare, CalPERS subsidies announced, 1031
– – Municipal bond rating methods, CalPERS joins reform effort, 662
– – Orange County, seeks to void retroactive portion of enhanced benefits for deputy sheriffs (Cal. Super. Ct.), 430
– – Post employment benefits bill approved, 1278
– – Private sector worker participation in CalPERS proposed, 851
– – Transparency and anti-fraud proposals considered, 289
– – Wachovia accused by CalPERS and others of fraud in sale of senior subordinated notes (Cal. Super. Ct.), 1050

– Taxation

– – IRAs, taxpayers told to use correction instruction for deduction, 852
– – Plan failures, In Brief, 1072

CANADA

– Defined benefits plan members bear substantial share of risk, 1489
– Defined contribution plans, safe harbors for sponsors urged, 185
– Funding ratios for pension plans improved in 2007, 111
– Investments, amendments to federal regulations finalized, 1279
– Tax-free savings accounts proposed, 612
– Value of employer-sponsored pension funds continued to increase in second quarter of 2007, 75

CASH BALANCE PLANS

– Age bias

– – CIGNA plan does not discriminate (D. Conn.), 469
– – Duke Energy plan does not discriminate under ERISA, ADEA claim may proceed (D.S.C.), 1292
– – Southern New England Telephone plan does not discriminate (D. Conn.), 305
– – WaMu plan no violation (W.D. Wash.), 35

– Conversions

– – CIGNA participants did not receive adequate notice, remedy at issue (D. Conn.), 1509
– – El Paso Corp., no backloading violations, ADEA claim certified (D. Colo.), 672
– – IRS and Treasury offer guidance on backloading, 273

– ERISA

– – Exelon normal retirement age definition upheld (N.D. Ill.), 84
– – Reducing rate of pension benefit accrual, class action certified (S.D. Ill.), 1247
– – Transition benefit not counted, no anti-cutback violation (1st Cir.), 36
– – Whipsaw calculation not used, plan sponsor illegally forfeited benefits (U.S., brief sought), 1406

– Guidance issued by IRS, 5; practitioners seek changes, 704
– Hearing planned by IRS, In Brief, 1121
– Incorrect interest rate, participants balances must be recalculated and prejudgment interest paid (E.D. Mo.), 796
– Outlook 2008, 158
– Tax treatment, In Brief, 971
– “Wear-away,” revenue ruling questioned, 845

CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)

– Medicaid

See MEDICAID

– Medicare Advantage

See MEDICARE ADVANTAGE (MA)

– Medicare Part D

See MEDICARE PART D

– SCHIP

See STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

CHAMPUS (CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES)

– Business tax, CHAMPUS income deducted (Wash. Ct. App.), 924

CHILDREN

– Del. insurance benefits mandate signed, 1499
– Low-income workers, firms urged to offer child care, 904
– Md. health program, notice on state check stubs, bill signed, 981
– N.Y. budget calls for extension of children's health insurance, 241
– SCHIP

See STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

CHILE

– Overhaul of pension system approved, 290

CHINA

– Stock awards create uncertainties, Analysis & Perspective, 1161

CIRCULAR 230

– Disciplinary announcements, OPM revising, 1189; final decisions posted on web, 1484
– Enrolled retirement plan agents, IRS plans new program, 1063

CLASS ACTION FAIRNESS ACT (CAFA)

– Effect on job discrimination, wage and hour, and other suits reports, 258

CLASS ACTIONS

– CAFA, effect on job discrimination, wage and hour, and other suits reports, 258
– Cash balance plans, reducing rate of pension benefit accrual, class action certified (S.D. Ill.), 1247
– FedEx, dispute over worker classification, appeal of class certification denied (7th Cir.), 261
– Fiduciary duty, Bear Stearns target of class actions (S.D.N.Y.), 671; additional suits filed (S.D.N.Y.), 727; consolidation sought, 867
– First Databank and McKesson accused of fraudulently stating average wholesale price (D. Mass.), 682
– Medicaid dual-eligibles to get Medicare drug benefits under proposed CMS settlement (N.D. Cal.), 1520
– United Tech plans, excessive fees alleged (D. Conn.), 1294

CMS

See CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)

COAL MINING

– Arthritis, firm must provide retiree benefits to worker recalled after layoff (S.D. W.Va.), 210
– Fiduciary duty, firm did not breach duty in statements about effect of merger on benefits (4th Cir.), 124; (U.S., rev den), 1513

COBRA

– ERISA, Sears liable for penalties for late notice of COBRA rights (D. Nev.), 634
– Information extension, In Brief, 725
– Labor Dep't to sponsor health law seminar, In Brief, 34
– Premium payments not made, coverage terminated, no notice violation (6th Cir.), 38

COLLECTIVE BARGAINING

– Ed. Note: This heading covers bargaining process issues. For contracts reached through negotiations, see COLLECTIVE BARGAINING AGREEMENTS.
– BNA employer survey, Special Report, 1163
– GE early retirement incentives accepted by union, 1397
– Iowa public employees bill vetoed, 1118
– LMRA

– – AT&T, ERISA and LMRA preempt claim that firm fired worker to avoid paying retirement benefits (D. Conn.), 1517
– – Federal security personnel union and firm did not breach LMRA when benefits paid to union (N.D. Ill.), 719

– Outlook 2008, 324
– Raytheon union reps on leave ineligible to participate in pension plan (9th Cir.), 740
– Southern Nuclear may not modify future retirees benefits without allowing union to bargain (D.C. Cir.), 1090
– Suspension of benefits upheld for participant who failed to provide new address and phone number (D. Nev.), 807
– Twin Cities security guards reject pact, In Brief, 665

COLLECTIVE BARGAINING AGREEMENTS

– Ed. Note: This heading is used for contract negotiations, ratifications, and strike actions.
– American Axle Strike ends, In Brief, 1215
– Amtrak pact ratified, In Brief, 855
– Army Fleet Support machinists pact, In Brief, 1121
– Baltimore-D.C. food workers pact, In Brief, 899
– Bath Irons Work pact approved, In Brief, 1216
– Bronx building owners and SEIU, In Brief, 713
– Bronx building Pact, In Brief, 898
– Cargill food workers pact, In Brief, 898
– Janitors pact ratified, In Brief, 1281
– Kroger pact ratified, In Brief, 349; 563; 899
– Kroger, Safeway, and Supervalu pacts ratified, In Brief, 231
– Lockheed Martin pact ratified, In Brief, 562
– Mount Sinai nurses pact ratified, In Brief, 713
– Railroad workers approve pact with freight carriers, 1397
– Safeway pact ratified, 76
– St. Paul grocery workers approve pact, In Brief, 664
– Security guards

– – D.C. guards pact, In Brief, 898
– – Twin Cities guards pact, In Brief, 898

– Shaw supermarket pact ratified, In Brief, 664
– Supervalu improperly entered pact with union to terminate collective bargaining agreement (U.S., rev den), 480
– Teamsters

See UNIONS

– Tyson Fresh Meats pact approved, In Brief, 1216
– Tyson workers in Iowa, pact ratified, 77
– UPS freight pact ratified, In Brief, 854
– Wyeth Labs pact ratified, In Brief, 350

COLORADO

– Health benefit payments, bill would increase penalties for unreasonable delays or denials, 1032; signed, 1499
– Teachers, investment advisor convicted of bilking pension plan (Colo. Dist. Ct.), 144

COMMUNICATIONS INDUSTRY

– AT&T

– – Cashed out stock options may include future time value (Del.), 1241
– – ERISA and LMRA preempt claim that firm fired worker to avoid paying retirement benefits (D. Conn.), 1517
– – Severance pact, post-merger exercise of stock options no violation (D. Colo.), 484

– Broadcom

– – Execs charged with backdating stock options (C.D. Cal.), 1304
– – Former VP settles backdating charges (C.D. Cal.), 587; firm to settle, 996

– Brocade Communications stock option backdating

– – Former CEO sentenced (C.D. Cal.), 212; acted within scope of employment when signing annual reports (N.D. Cal.), 1151
– – Former VP sentenced (N.D. Cal.), In Brief, 692
– – “Secret” backdating alleged by SEC (C.D. Cal.), 1152

– Comcast

– – Freeze notice complied with ERISA (W.D. Pa.), 681
– – Unexcused absences after short-term disability benefits had run out, employer did not violate ERISA when it fired worker (6th Cir.), 583

– Motorola disability plan amendments no ERISA violation (N.D. Il.), 1248
– Qwest

– – Life insurance benefit reduction no ERISA violation (D. Colo.), 531
– – Voluntary severance offered, 657

– SBC telephone concession plan is covered by ERISA (W.D. Tex.), 1237
– Southern New England Telephone cash balance plan does not discriminate by age (D. Conn.), 305
– Verizon, fiduciary duty (S.D.N.Y.), In Brief, 1160

COMPENSATION

– Executive compensation

See EXECUTIVE COMPENSATION

– Exempt organizations

See EXEMPT ORGANIZATIONS

– First quarter figures reported by BLS, 1017; 1394
– Health care costs hurt worker pay, 1491
– Hourly rates up in 4th quarter of 2007, 609
– Wages grew faster than benefit costs in 2007, BLS reports, 285

CONFERENCES AND MEETINGS

– Alliance for Health Reform, 236
– American Academy of Enrolled Actuaries, 837
– American Bar Ass'n (ABA), 224; 1268

– – Taxation Section, 281; 1061; 1061; 1065; 1117; 1117

– American Benefits Council, 837
– American Enterprise Inst., 719
– American Health Lawyers Ass'n, 193
– American Law Inst.-Am. Bar Ass'n (ALI-ABA), 1479

– – Webcast, 17; 24; 344

– American Medical Ass'n, 1492
– American Society of Pension Professionals & Actuaries, 400; 401; 1212; 1243

– – DOL update conference, 1193; 1200; 1203
– – Mid-Atlantic Benefits Conf., 1180; 1183; 1184

– BNA 401(k) Fiduciary Compliance Conf., 957; 958; 965
– Comparative Effectiveness: Can We Get Better Health Value for the Dollars We Spend?, 859
– D.C. Bar, 276

– – 409A Trouble Spots: Life Insurance, Health Coverage and Corrections, 1011
– – Taxation Section Employee Benefits Comm., 1208

– Federal Bar Ass'n, 606; 1187

– – Insurance Tax Seminar, 1196

– Georgetown Univ. Law School, 1028
– Kaiser Health Care forum, 1030
– Los Angeles Benefits Conf., 221; 279
– Mid-Atlantic Benefits Conf., 1195; 1197
– Natl. Academy of Social Insurance, 293
– Natl. Ass'n of Corporate Directors, 963
– Natl. Ass'n of Government Defined Contribution Administrators, Industrial Roundtable, 1197
– Natl. Ass'n of Health Underwriters Capitol Conf., 355
– Natl. Governors Ass'n, 1223
– Natl. Institute of Pension Administrators, 1062; 1063; 1065
– Natl. Tax Ass'n, 1126
– Practicing Law Institute, 1207
– Professional Liability Underwriting Society, 341
– Securities Industry and Financial Markets Ass'n, 1011
– Social Security Advisory Board forum, 227
– Society of Professional Asset-Managers and Record Keepers, 1385
– TE/GE Governmental Plan Roundtable, 960
– Urban Institute, 904
– Washington Legislative Update, 1201
– World Health Conf., 978
– Worldwide Employee Benefits Network, 1109

CONGRESS, U.S.

– Ed. Note: This heading is used for administrative actions only. For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers see specific subject headings.
– Finance panel tax counsel, In Brief, 1214
– “Green Book,” In Brief, 1072
– Senate finance panel tax counsel, In Brief, 1121

CONSUMER-DIRECTED HEALTH PLANS (CDHPs)

– Costs

– – Aetna claims savings, 358
– – Modest savings reported, 769

– Educated consumers needed, report says, 188
– Growth continues, 568; little effect on uninsured, 667

CONTINGENT EMPLOYEES

– Audits in 2008, 30 percent to be based on employee classification, IRS says, 1115
– FedEx drivers class action certified (N.D. Ind.), 738
– Gas and electric workers time-barred from challenging contractor status (3rd Cir.), 806
– Insurance agent is independent contractor, claim over terminated deferred compensation plan preempted by ERISA (N.D. Ohio), 317
– McDermott (D-Wash) bill

See LEGISLATION, FEDERAL, HR 5804

– Mich. task force to address misclassification, 347
– N.J., misclassification of workers, advisory panel formed, 288
– Pa. House approves bill allowing prison sentences for misclassification, 1487

CORPORATE GOVERNANCE

See also SECURITIES
– CalPERS names worst under-performers, 710; calls for more diversity in corporate boards, 964
– Directors bylaws revised by PBGC, 1199
– Proxy issues

– – Effect of SEC disclosure rules discussed at conference, 963
– – Exclusion of proxy access proposals permitted by SEC, 402

COSTS OF HEALTH CARE

See HEALTH CARE COSTS

CRIMINAL PROSECUTION

– Backdating of stock options

See STOCK OPTIONS

– Colo. teachers investment advisor convicted of bilking pension plan (Colo. Dist. Ct.), 144
– Construction locals and organized crime (E.D.N.Y.), In Brief, 379
– Embezzlement from pension plans

– – Execs' convictions upheld (4th Cir.), 1040
– – Firm and president settle (S.D.N.Y.), 635

– Labor Intl. Union pension fund, arrests made in scheme to defraud, 289
– Mail fraud indictment, feds cannot seize attorney's retirement accounts (E.D. Ark.), 627
– Third-party administrator of union plans barred by plea agreement from challenging sentence (7th Cir.), 1510