Pension & Benefits Reporter Index-Summary

LABOR DEPARTMENT (DOL)

– Appointments

– – Acting secretary named, 290
– – Assistant secretary, In Brief, 2428
– – Deputy secretary, hearing held, 1121; confirmed, 1271
– – ERISA panel nomination deadline set, 1806
– – Solicitor, hearing held, 1121; Enzi (R-Wyo) wants nominee withdrawn, 1996; Senate panel approves, 2333
– – Solis vote delayed, 289; Senate panel approves, 335; Senate vote planned, In Brief, 401; approved, 454

– COBRA

See COBRA

– FY2010 budget

– – Advocates and unions to lobby for budget, 541
– – Direct-deposit IRAs, budget includes, 450
– – Increased compliance enforcement sought, 1114
– – Omnibus funding bill signed, 617; House panel approves increase, 1639
– – Spending bill

See LEGISLATION, FEDERAL, HR 3293

– GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Semiannual regulatory agenda published, 1125; priorities outlined, 1208
– 2008 reports, In Brief, 295

LABOR MANAGEMENT RELATIONS ACT (LMRA)

– Disability discrimination, Cal. law claim not preempted by LMRA (C.D. Cal.), 1778

LAW ENFORCEMENT PERSONNEL

– California

– – Orange County seeks to void retroactive retirement benefits for deputy sheriffs, suit dismissed (Cal. Super. Ct.), 513
– – San Diego, deferred retirement option program reductions no constitutional violations (9th Cir.), 1443

– Colo. fire and police pensions, state contribution suspended, 1016
– D.C. worker pension records, In Brief, 1490
– Delaware troopers, In Brief, 1810
– Ft. Lauderdale police early retirement plan no ADEA violation (S.D. Fla.), 14
– GAO reports, In Brief, 1854
– La. sheriff's pension fund, garnishment for criminal convictions upheld (E.D. La.), 87
– Morgan Stanley, police department workers fraud and misrepresentation claims time-barred (Vt.), 1871
– Ohio, state pension system fraud claims settled (S.D.N.Y.), 583
– P.R. mandatory retirement law no ADEA violation (1st Cir.), 1663

LEGISLATION, FEDERAL

– Ed. Note: This heading covers bills with assigned numbers. For information on measures not yet assigned numbers, see specific subject headings.
– House

– – HConRes 85, FY2010 budget resolution, 829; conferees to meet, 841
– – HRes 5, Rules package approved, 69
– – HR 1, American Recovery and Reinvestment Act, includes funding for Medicaid and health IT, House panel approves, S 1 is companion, 176; House approves, 213; includes mass transit tax break, 224; Natl. Business Group praises, 232; CBO reports, 234; patient advocates raise concerns about comparative effectiveness research, 235; COBRA coverage differs from HR 1, 240; would affect payroll tax deposits, 301; ERISA Industry Comm. chief criticizes over lack of funding, 330; summary released, 352; includes continuation of transit benefits, 406; includes comparative effectiveness provision, 408; Analysis & Perspective, 722; discussed at conference, 1136; pushes health tech, 1227
– – HR 2, Children's Health Insurance Program Reauthorization Act, would expand coverage, require employers to amend group health plans, disclose information, Senate approves, 232; signed, 299
– – HR 22, Postal Accountability and Enhancement Act, Davis (D-Ill) and McHugh (R-NY), would ease pre-funding requirement, 1290; House panel approves, 1653; House approves, 2196
– – HR 384, Troubled Asset Relief Program Reform and Accountability Act, Frank (D-Mass), would establish new requirements for TARP funds use, 113; House approves with tax breaks for auto makers, 159; correction, 229
– – HR 598, American Recovery and Reinvestment Tax Act, economic stimulus, includes funding for health information technology and COBRA coverage, House panel approves, 174
– – HR 626, Federal Employees Paid Parental Leave Act, Maloney (D-NY), would cover 4 weeks leave, 180; House panel approves, 752; panel approves, 1122; House approves, 1415; CRS reports, 1433
– – HR 684, Medicare Prescription Drug Savings and Choice Act, Berry (D-Ark), would create drug plan under traditional program, S 330 is companion, 239
– – HR 828, FERS Redeposit Act, Moran (D-Va), would allow returned federal workers to reinvest annuities without losing service credit, 287
– – HR 850, Small Business CHOICE Act, Velazquez (D-NY) and Graves (R-Mo), would provide pooling and reinsurance mechanisms, 1372
– – HR 885, Improved Financial and Commodity Markets Oversight and Accountability, would enhance independence of IGs, Senate panel approves, 1804
– – HR 958, FERS Sick Leave Equity Act, Moran (D-Va), could allow federal workers to credit unused sick leave toward retirement, 341
– – HR 995, Mammogram and MRI Availability Act, would mandate insurance coverage, 2342
– – HR 1025, P.R. cafeteria plans, In Brief, 417
– – HR 1082, Generating Retirement Ownership Through Long-Term Holding Act of 2009, would allow deferral of mutual fund capital gain taxes under certain circumstances, 1264
– – HR 1198, Part-Time Federal Employees Equity Act, Moran (D-Va), would ease transition to part-time status, S 469 is companion, 467; would end disincentive, 831
– – HR 1200, American Health Security Act, McDermott (D-Wash), would create single-payer system, 494
– – HR 1203, Federal and Military Retiree Health Care Equity Act, Van Hollen (D-Md), would allow federal retirees to pay health premiums with pre-tax dollars, S 491 is companion, 492
– – HR 1253, Health Insurance Restrictions and Limitations Clarification Act, Burgess (R-Tex) and Stupak (D-Mich), would require timely disclosure by health plans, 559; House approves, 847
– – HR 1256, Family Smoking Prevention and Tobacco Control Act, would expand TSP investment options, 687; House panel approves, 831; TSP board member question changes, 1013; union reps comment, 1014; clear support on Hill, 1263; approved, 1416; signed, 1476; includes TSP changes, 1550; rules issued, In Brief, 1641
– – HR 1263, Thrift Savings Plan Enhancement Act, Lynch (D-Mass), would allow Roth and mutual fund options, 176; would expand TSP investment options, 687; revises annuity calculation, 831
– – HR 1265, Stop Tax Haven Abuse Act, tobacco bill with federal retirement provisions, 831
– – HR 1321, Healthy Americans Act, Eschoo (D-Cal), CRS reports, 1599
– – HR 1322, Emergency Retiree Health Benefits Protection Act of 2009, Tierney (D-Mass), would ban canceling or reducing existing benefits, 898
– – HR 1327, Iran Sanctions Enabling Act, Meeks (D-NY), would public plans divestment authority, 624
– – HR 1409, Employee Free Choice Act, S 560 is companion, union leaders meet with President, 1704
– – HR 1423, Legal Services Benefit Act, Stark (D-Cal) and Ryan (R-Wis), would reinstate group legal services plan exclusion, S 825 is companion, 888
– – HR 1470, Equity for Our Nation's Self-Employed Act, Kind (D-Wis), would end extra payroll tax, 696; small business reps push simplification, 1128
– – HR 1586, TARP recipient bonus restrictions, 672; White House and GOP question, 743; House approves, 744; constitutionality questions raised, 821; Baucus (D-Mont) promises action, 822
– – HR 1664, Emergency Economic Stabilization Act amendments, would limit TARP compensation, House panel approves, 742; House approves, 821
– – HR 1691, Breast Cancer Patient Protection Act, DeLauro (D-Conn), would bar drive-through mastectomies or lumpectomies, 2342
– – HR 1706, Protecting Consumer Access to Generic Drugs Act, would ban reverse payments by brand-name makers, 1371
– – HR 1723, Family Leave Insurance Act, would provide 12 weeks of paid leave for family illness or new child, 764; CRS reports, 1433
– – HR 1740, Breast Cancer Education and Awareness Requires Learning Young Act, Wasserman Schultz (D-Fla), would create public health campaign, 2342
– – HR 1804, Federal Retirement Reform Act, Towns (D-NY), revises TSP calculations, 831; House approves, 1014
– – HR 1897, Healthy Workforce Act, Blumenauer (D-Or) and Bono (R-Cal), would give tax credit for wellness programs, S 803 is companion, 899
– – HR 1935, Carried interest compensation earned by investment funds, Levin (D-Mich), would reclassify, 833
– – HR 1961, Savings for American Families' Future Act, Pomeroy (D-ND), would expand saver's credit, 886
– – HR 1984, 401(k) Fair Disclosure and Retirement Security Act, Miller (D-Cal), would provide special reporting and disclosure rules provide minimum investment option requirement, 1001; House panel approves, 1475; CRS reports, 1486
– – HR 1988, Conflicted Investment Advice Prohibition Act, House panel approves, 1475
– – HR 2021, Savings Recovery Act, Boehner (R-Ohio), addressed retirement and college savings, reduced Social Security earnings penalty, investor tax relief, 1012
– – HR 2279, Eliminating Disparities in Breast Cancer Treatment Act, would focus on underserved women, 2342
– – HR 2427, Informed Consumer Choices in Health Care Act, DeLauro (D-Conn) and Schwartz (D-Pa), would require standardized disclosure of insurance policy information, S 1050 is companion, 1231
– – HR 2454, American Clean Energy and Security Act of 2009, climate change bill passed, 1597
– – HR 2460, Healthy Families Act, DeLauro (D-Conn), would require paid sick leave, S 1152 is companion, 1291; criticized at hearing, 1430
– – HR 2517, Domestic Partnership Benefits and Obligations Act, would allow federal workers to extend benefits to same-sex partners, S 1102 is companion, 1635; House panel approves, 1810
– – HR 2520, Patients Choice Act, Ryan (R-Cal), would create new system of tax credits and state-level insurance exchanges, 1285; S 1099 is companion, 1368; CRS reports, 1599; criticized, In Brief, 1822
– – HR 2564, Paid Vacation Act of 2009, would require at least one week of paid leave, 1266
– – HR 2584, Patentability of tax planning methods, Boucher (D-Va) and Goodlatte (R-Va), would limit, 1257
– – HR 2625, Tax Equity for Health Plan Beneficiaries Act, McDermott (D-Wash), would end taxation of domestic partner benefits, 1284
– – HR 2647, Defense funding, retirement credit for unused sick leave, House approves, 2333; passed, 2426
– – HR 2748, Retirement Security Needs Lifetime Act, Pomeroy (D-ND), would guarantee lifetime income payments, 1409
– – HR 2779, Defined Contribution Plan Fee Transparency, Neal (D-Mass), would provide penalties for nondisclosure, 1410; CRS reports, 1486
– – HR 2819, Breast feeding incentives, Maloney (D-NY), In Brief, 1490
– – HR 2861, Shareholder Empowerment Act, Peters (D-Mich), would enhance rights in executive pay and corporate risk-taking, 1407
– – 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, House panel approves, 1537; Pomeroy (D-ND) criticizes, 1589; CBO reports, 1850; review extended, 2429
– – HR 2990, Non-Foreign Area Retirement Equity Assurance Act, would allow federal workers to count unpaid sick leave toward pension calculation, House approves, 1547
– – HR 3000, United States Health Service, Lee (D-Cal), CRS reports, 1599
– – HR 3027, FMLA expansion, Woolsey (D-Cal), would provide 12 weeks of paid leave, 1646
– – HR 3047, FMLA expansion, Woolsey (R-Cal), 1646
– – HR 3200, America's Affordable Health Choices Act, Miller (D-Cal), would be financed by surtax on high-income households, House Ways and Means panel approves, 1693; 2390; debate continues, 1694; Education and Labor panel approves, 1695; Energy and Commerce panel approves with GOP amendment, 1696; OTC drug amendment at issue, 1696; Tax Foundation analyzes surtax, 1700; Hoyer says vote may be delayed until Sep., 1752; CRS reports, 1764; merger of bills planned, 1813; CBO reports, 1814; tax on wages could affect worker classification, 1816; threat to employer benefit alleged, 1816; House Energy and Commerce panel approves, 1857; end-of-life provision dropped, 1909; CRS reports on subsidies, 1911; FSAs limits questioned, 1913; IT incentives sought, In Brief, 1916; Hoyer (D-Md) endorses public plan option, 1951; employer mandate examined, 1960; Tax Foundation reports, 1961; CRS reports, 2051; House Democrats work on final version, 2194; public option still at issue, 2239; supplementary amendments approved by panel, 2241; House Democratic caucus meets, 2340; CRS reports, 2341; Ways and Means meets reconciliation requirements, 2389; would expand dependent coverage, 2390
– – HR 3269, Corporate and Financial Institution Compensation Fairness Act, Frank (D-Mass), would create new executive pay restrictions, 1739; House approves, 1794; practitioners comment, 1795; Senate panel hears testimony, 1797; correction, 1854
– – HR 3293, Labor Dep't budget approved by House, 1749
– – HR 3408, Taxpayer Responsibility, Accountability, and Consistency Act, McDermott (D-Wash), would clarify rules on independent contractors, In Brief, 1810
– – HR 3455, Delphi voluntary employees benefit association funding, Ryan (D-Ohio), S 1663 is companion, 2197
– – HR 3596, Health Insurance Industry Antitrust Enforcement Act, Conyers (D-Mich.), would partially repeal exemption for health and malpractice insurers, 2242; House panel reports, 2437
– – HR 3631, Medicare Premium Fairness Act, would prevent Social Security cuts, unanimous consent blocked in Senate, 2334
– – HR 3763, Fair Credit Reporting Act amendments, would exclude some business from “red flags,” Adler (D-NJ), 2381; House approves, 2421

– Senate

– – SConRes 13, FY2010 budget resolution, 829; conferees to meet, 841; research-based coverage denials, amendment rejected, 846; GOP senators object to tentative agreement, 1031; approved, 1075; CRS reports on tax extenders, In Brief, 1132
– – S 1, American Recovery and Reinvestment Act, includes funding for Medicaid and health IT, patient advocates raise concerns about comparative effectiveness research, HR 1 is companion, 237; COBRA coverage differs from HR 1, 240; ERISA Industry Comm. chief criticizes over lack of funding, 330
– – S 181, Lilly Ledbetter Fair Pay Act, changes time limits for filing discrimination claims, signed, 217
– – S 330, Medicare Prescription Drug Savings and Choice Act, Durbin (D-Ill), would create drug plan under traditional program, HR 684 is companion, 239
– – S 391, Health Americans Act, Wyden (D-Or), would require coverage for all and provide subsidies, 1024; CRS reports, 1599
– – S 401, Defined Contribution Fee Disclosure Act, Harkin (D-Iowa) and Kohl (D-Wis.), would provide reporting and disclosure rules, 333; CRS reports, 1486
– – S 431, TARP executive compensation, Whitehouse (D-R.I.), would strengthen provisions, 387
– – S 469, Part-Time Federal Employees Equity Act, Voinovich (D-Ohio), would ease transition to part-time status, HR 1198 is companion, 467; Senate panel approves, 1267
– – S 491, Federal and Military Retiree Health Care Equity Act, Webb (D-Va), would allow federal retirees to pay health premiums with pre-tax dollars, HR 1203 is companion, 492
– – S 507, Non-Foreign Area Retirement Equity Assurance Act, Akaka (D-Haw), would freeze COLA rates and phase in locality pay, 540
– – S 525, Pharmaceutical Market Access and Drug Safety Act, Dorgan (D-ND), Snowe (R-Me), McCain (R-Ariz), and Stabenow (D-Mich), would allow safe importation of drugs from certain countries, 558; Senate panel rejects importation amendment, 1554
– – S 560, Employee Free Choice Act, HR 1409 is companion, union leaders meet with President, 1704
– – S 629, Part-Time Reemployment of Annuitants Act, would allow re-employment of retired federal workers without salary penalty, 679; Senate panel approves, 1267
– – S 651, Compensation Fairness Act, would limit executive bonuses under TARP, 743; White House and GOP question, 743; constitutionality concerns raised, 821; Baucus (D-Mont) promises action, 822
– – S 702, Long-Term Care Affordability and Security Act, Grassley (R-Iowa), would permit firms to offer insurance under cafeteria plans, 764
– – S 803, Healthy Workforce Act, Harkin (D-Iowa), would give tax credit for wellness programs, 840; HR 1897 is companion, 899
– – S 825, Legal Services Benefit Act, Lincoln (D-Ark) and Snowe (R-Maine), would reinstate group legal services plan exclusion, HR 1423 is companion, 888
– – S 931, Arbitration Fairness Act, Feingold (D-Wis), would limit mandatory arbitration of employment claims, 1120
– – S 960, Medicare Early Access Act, Rockefeller (D-WVa), would provide premium tax credit, In Brief, 1148
– – S 975, Senior and Taxpayers Obligation Protection Act, Cronyn (R-Tex), includes anti-fraud provisions, 1367
– – S 1007, Excessive Pay Capped Deduction Act, Durbin (D-Ill), would bar deduction of “excessive compensation,” 1116; discussed in webcast, 1342
– – S 1050, Informed Consumer Choices in Health Care Act, Rockefeller (D-WVa), would require standardized disclosure of insurance policy information, HR 2427 is companion, 1231
– – S 1074, Shareholder Bill of Rights, Schumer (D-NY) and Canwell (D-Wash), would provide access to proxy ballot and advisory vote on compensation packages, 1257
– – S 1099, Patient's Choice Act, Coburn (R-Okla), would provide tax credits to low-income individuals, HR 2520 is companion, 1368; CRS reports, 1599; criticized, In Brief, 1822
– – S 1102, Domestic Partner Benefits and Obligations Act, Lieberman (I-Conn), would allow benefits for federal workers, 1261; HR 2517 is companion, 1635
– – S 1152, Healthy Families Act, Kennedy (D-Mass), would require paid sick leave, HR 2460 is companion, 1292; CRS reports, 1433
– – S 1177, Long-Term Care Insurance Act, Kohl (D-Wis), would create standardized definitions for model disclosures, 1373
– – S 1213, Patient-Centered Outcomes Research Act, would provide for study of results of health strategies, 1424
– – S 1232, Pharmaceutical Market Access and Drug Safety Act, Dorgan (D-ND), Snowe (R-Me), McCain (R-Ariz), and Stabenow (D-Mich), would allow safe importation of drugs from certain countries, 2244
– – S 1240, Independent Health Record Trust Act, DeMint (R-SC), CRS reports, 1599
– – S 1259, Preserving Access to Targeted, Individualized, and Effective New Treatments, Kyl (R-Ariz) and McConnell (R-Ky), seeks to prevent rationing, 1502
– – S 1390, Defense authorization, would allow re-employment of retirees with annuity penalty, 1807; correction, 1903
– – S 1422, Airline Flight Crew Technical Corrections Act, Murray (D-Wash), would make flight attendants eligible for FMLA benefits, In Brief, 1642
– – S 1491, Ending Excessive Corporate Deductions for Stock Options Act, Levin (D-Mich) and McCain (R-Ariz), would limits deductions, 1745
– – S 1544, Pension Benefit Guaranty Corporation Governance Improvement Act, Kohl (D-Wis), Bennett (D-Colo), McCaskill (D-Mo), Feingold (D-Wis), would reinforce PBGC oversight, 1804
– – S 1604, Americans Giving Care to Elders Act, Klobuchar (D-Minn), In Brief, 1916
– – S 1612, Employee Stock Ownership Plan Provision and Improvement Act, Lincoln (D-Ark), would repeal excise tax on S corporation distributions, 1901
– – S 1663, Delphi voluntary employees benefit association funding, Brown (D-Ohio), HR 3455 is companion, 2197
– – S 1679, Affordable Health Choices Act, HELP panel bill, public plan with state opt-out considered, 2432
– – S 1681, Health Insurance Industry Antitrust Enforcement Act, would partially repeal exemption for health and malpractice insurers, 2242; Senate panel considers, 2396
– – S 1796, America's Healthy Future Act, Finance panel bill, public plan with state opt-out considered, 2432; Baucus (D-Mont) defends excise tax penalty, 2434

LIFE INSURANCE

See also ACCIDENT BENEFITS
– Brother's settlement and waiver, benefits denied (E.D. Mich.), 2254
– Checkbooks to beneficiaries, prohibited transactions alleged (D. Mass.), 2013
– Deadline for converting group policy to individual policy not equitably tolled or extended for deceased participant incapacitated by HIV (S.D. Ohio), 714
– ERISA

– – Conversion rights not properly explained to widow, claim barred (D. Mass.), 2016
– – Dependents, ERISA applies to plan allowing participants to buy coverage (E.D. Ky.), 96
– – Improper benefit distribution, challenge preempted (E.D. Mich.), 98
– – Reduction in benefits due to breach, administrator of life insurance plan has no remedy (8th Cir.), 502; (U.S., rev den), 2353
– – TV network agreement with single worker to pay life insurance premiums not ERISA plan (E.D. La.), 1043
– – Unison accused of breaching life insurance agreement, claim preempted (W.D. Pa.), 868

– Ex-husband denied proceeds (D. Neb.), 93
– Ex-wife entitled to benefits despite waiver in divorce decree (W.D. Wash.), 1459
– FedEx driver denied increased benefits (E.D. Mo.), 1242
– Husband died before 30-day waiting period, widow denied benefits (D.S.C.), 434
– Hypertension history, coverage improperly denied (6th Cir.), 915
– Improper influence alleged, benefit distribution upheld (N.D. W.Va.), 713
– Misleading information about conversion rights alleged by widow (E.D. Mo.), 917
– Model law on reserves approved, 2277
– “Plan documents” rule, In Brief, 1616
– Printed designation named estate as beneficiary (3rd Cir.), 1613
– Qwest retiree life insurance changes, no fiduciary breach (D. Colo.), 2006
– Retroactively of Fla. COLI provision at issue (11th Cir.), 2404
– Safe harbors for life insurance contracts that mature after insured reaches 100, IRS proposes, 1253; comments received, 2325
– Standing (W.D. Okla.), In Brief, 1247
– Taxation

– – Loopholes targeted by White House, 1196
– – Treatment of employer-owned life insurance expenses, IRS issues notice, 1253

– Wal-Mart

– – COLI, worker's estate not time-barred from pursuing claim over procurement (6th Cir.), 368
– – Corporate-owned policies challenged, dismissed (M.D. Fla.), 1388
– – ERISA preempts widow's claim for benefits (S.D. Tex.), 372

– White House urged to incorporate optional federal insurance charter in financial system overhaul, 1350

LIVING WAGE

– L.A. raises health coverage portion, 2108

LMRA

See LABOR MANAGEMENT RELATIONS ACT (LMRA)

LONG-TERM CARE

– Cafeteria plans

See LEGISLATION, FEDERAL, S 702

– Federal enrollees premium hike planned, 1147
– Federal workers, Long Term Care Insurance Program, premium hike expected, 2394
– Misrepresentation, breach of contract, fraud claims preempted by ERISA (W.D.N.C.), 920
– N.D. long-term care insurance tax credit, bill signed, 1084
– Reform of long-term care

– – Essential to broader health reform, Senate panel told, 765
– – Post-acute care financing, reform urged, 1082
– – Savings, CBO reports, 1559

– Standardized definitions

See LEGISLATION, FEDERAL, S 1177

LOUISIANA

– Domestic partners, New Orleans registry ordinance no violation of state constitution (Ct. App.), 1083
– State and local government plans

– – New Orleans retirement system alleges securities violations (S.D.N.Y.), 315
– – Sheriff's pension fund, garnishment for criminal convictions upheld (E.D. La.), 87

LUMP-SUM DISTRIBUTIONS

– Average distribution, employee behavior reported, 1635
– Defined benefit plans, administrator must pay when annuity starting date precedes bankruptcy (S.D. Tex.), 2446
– Fiduciary duty, ex-worker sues over misinformation (N.D. Ind.), 1238