Michael F. Yates & Company, Inc.
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HELPING MANAGE YOUR COMPANY'S MOST PRECIOUS RESOURCE
                     ...from the HR Perspective
Human Resource Update March 2009 
In This Issue
Economic Stimulus Package
Five-Year Cycle for Individually-Designed Plans
It's all Latin for some!
Michelle's Law
New Annual Funding Notice Requirements
...about the content
TOP HR NEWS

Economic Stimulus Package and its COBRA impact ...

The American Recovery and Reinvestment Tax Act of 2009 (the "Act") was signed into law on February 17, 2009. This new law dramatically affects virtually all employers with 20 or more employees whose group health plans are subject to COBRA.

Five-Year Cycle For Individually-Designed Plans

Several years ago the IRS created a five-year determination letter submission cycle for individually-designed plans (IDPs). 

Under this scheme, an IDP will be required to submit an application for a favorable determination letter once every five years.  IDPs include both defined benefit and defined contribution plans that are not pre-approved plans.  The timing of the submissions for IDPs is determined by the last digit of the plan sponsor's Employer Identification Number (EIN). 


Our staff and firm are proud
members of the
following professional
organizations.

Society of Actuaries 

American Society of Pension Professionals Actuaries

Society for Human Resource Management

American Management Association

National Federation of Independent
Business

Better Business Bureau
 

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Michael F. Yates & Company, Inc.
__________
 
101 Belvidere Avenue
P.O.Box 7
Washington, NJ 07882 
 
908-689-4200

fax: 908-689-6300
 
email: info@mfyco.com







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Michael F. Yates & Company Inc. believes strongly in protecting the privacy of its users. We collect personal information only when necessary. We do not collect any personal information about users of our web site unless it is explicitly requested via an on-line form or request.


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Your comments have gone a long way!   

Thank you for the positive response to last months newsletter. You can view all of our newsletters by clicking the 'newsletter archives' link at our company website (www.mfyco.com). Please feel free to comment and/or ask a question at any time. We offer this timely information as another benefit of your relationship with our company. I am humbled by your support and truly appreciate your trust and business.
 
Best Regards,
 
Michael F. Yates
President
 
Our Newsletter is not meant to be stuffy!
Short and sweet HR advise because
everything else is  LATIN  to some!

  • Sine labore nihil
    Nothing without work
  • Qui timens vivet liber non erit umquam
    He who lives in fear will never be free (Horace).

  • Me transmitte sursum, caledoni!
    Beam me up, Scotty!
  • Quidquid latine dictum sit altum viditur
     Whatever is said in Latin seems profound.

It's Back and It's Still Scary:

The Employee Free Choice Act ... or

The Opportunity for Coercion?


      The Employee Free Choice Act was passed by the House last year, but stalled in the Senate. It's now back. On March 10th, the bill was reintroduced in both the House and the Senate. Why should any business be concerned about a bill that promotes employee "free choice"?

      Very briefly, this bill eliminates the private ballot in union organization attempts, sets a 120 day period to negotiate the first contract, and if that date is missed, a Federal Arbitration Panel will hand down a binding two-year contract. The bill imposes harsh new penalties on businesses - but not on unions - of up to $20,000 for each violation of the National Labor Relations Act and back pay penalties of three times the base pay rate.

      Rather than promote free choice, intimidation and coercion will be the norm. Unions only have to get 50% of the target group to sign cards to certify the union. As the unions may approach a worker at any place and at any time, the worker has no protection from harassment. The union does not have to tell the company or all the employees they are making an organization attempt. This prevents the company and employees who do not want a union from properly fighting the attempt.

      Unions need more members to exist. Discussions with union leaders confirm this and tell us where they are headed. As manufacturing jobs are declining, the unions are looking at organizing previously ignored employee groups including: white collar, middle management, scientific, and pharmaceutical employees. They will also be targeting those companies who have had to downsize, do away with benefit programs such as pensions or medical plans, and those which may benefit from the various stimulus programs. No size of company is immune from this.
This bill will only be defeated if Congress hears from all of us. Please write your Representative and Senators today!
 
Michelle's Law
"Michelle's Law," named after Michelle Morse, a postsecondary student diagnosed with colon cancer who opted to continue her postsecondary studies on a full-time basis against her doctor's wishes so that she would not lose dependent status under her health plan, was signed in to law October 9, 2008.


The new federal law takes effect for plan years starting on or after October 9, 2009 - meaning January 1, 2010, for calendar year plans.  The law will apply to leaves beginning in that year.

Read the entire article...


New Annual Funding Notice Requirements
The Pension Protection Act of 2006 (PPA '06) amended the Employee Retirement Income Security Act of 1974 (ERISA) to require plan administrators of PBGC covered defined benefit pension plans to replace the Summary Annual Report (SAR) with an Annual Funding Notice that will provide participants and others with information annually about the funding status of their plans. The new notice requirement applies to plan years beginning after 2007.  The first Annual Funding Notice is due April 30, 2009 for 2008 calendar year large plan filers.


  • What Information Must the New Notice Include?
  • Who has to get the New Notice?
  • When Does the Notice Have to be Distributed?
  • How Can The Notice Be Distributed?
  • What About The SAR?

Find the answers by clicking here!
 
 
about our company ...

  • Michael F. Yates & Company, Inc. can help you with a variety of services ranging from retirement plans to providing results-oriented survey instruments, training and development programs for your employees. Our products and services are intended to help you maximize the effectiveness of your Human Resources function.

  • These products and services incorporate our years of experience so that you receive rapid results and exceptional value. From onsite consulting, to strategic business integration, to Web enablement, we understand how Human Resources can be applied to solve your problems and achieve your goals. As a result, we can help you get the most out of your investment and turn your most precious resource into a competitive advantage.

  • We offer Consulting, Retirement Planning, Pension and 401(K) both qualified and non qualified Plans, Welfare Plans, Communications, Computer Systems, Executive Plans, Compensation, Mergers, Acquisitions, Divestitures and Other Services. 

    We offer a true and honest, Client Partnership.

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It's not worth it.

The best way to generate word of mouth is simple:
OVER-DELIVER !"




   Michael F. Yates & Company, Inc.                       Call 908.689.4200