Michael F. Yates & Company, Inc.
faces
HELPING MANAGE YOUR COMPANY'S MOST PRECIOUS RESOURCE
                     ...from the HR Perspective
Human Resource Update September 2009 
In This Issue
DEPENDENT AUDIT
Plan Reporting Calendar
STAY HOME
EFCA
Track Government Spending
IRS NOTICE #68
WORTH REPEATING

Eligibility Audit
 
Conducting a dependents audit is a financial necessity in today's economy since companies cannot afford to spend unnecessarily and it is one way to eliminate excessive health plan costs.  Employers who conduct a dependents audit realize 3% to 12% of covered dependents are not eligible for their employer plans. 
If toying with the idea of conducting an audit, first consider outsourcing since conducting an audit is a complex process requiring significant resources to verify documents and answer employees' questions as well as managing the volume of birth certificates and marriage licenses.
A good audit should consist of three parts: an amnesty period, a verification phase, and an appeals process.
When determining your auditing processes think about performing an audit looking prospectively. It is a cleaner process, since looking back and trying to recapture claims could complicate collection efforts and could require corrections on W-2s. Also conducting audits outside of open enrollment allows your company to prepare complete and thorough communications and you want to give your employees plenty of time to gather the documentation needed.  Audits must also regard state and federal statutes or the savings will be eaten away and don't overlook the perception of discrimination when selecting the audit population.
One other reason to perform a dependent eligibility audit is to keep plans in compliance with the applicable federal laws, such as:
Employee Retirement Income Security Act of 1974 (ERISA)
1.       "Exclusive benefit" states only eligible participants may receive benefits.
2.       Employers must be in accordance with plan documents.  Third party auditors will reconcile the terms and conditions of an audit with an employer's SPDs or wrap around documents, making sure that these documents are clear, current and explain the definition of a dependent and that the consequences of an audit, such as removing an ineligible from the plan, are detailed as well.
3.       "Prudent man" standard requires employers to manage benefit plans in a manner that "a prudent man acting in a like capacity and familiar with such matters would use," since dependent auditing has become so popular in recent years, auditing could be considered a required practice by definition of the standard.  Hence the prudent man evolves over time, the more companies take part, the greater the risk for companies not taking part.
Section 302 of the Sarbanes-Oxley Act requires companies to prevent unauthorized disposition of company assets, indirectly requiring that employers conduct dependent eligibility audits to stop the flow of capital to ineligible plan members.
Michelle's Law - guarantees that full-time students who take a medical leave of absence from school can maintain eligibility on their parent's health plan.


 
Plan Reporting Calendar


2009 FILING DUE DATES FOR
CALENDAR YEAR PLANS
 
This calendar is not intended to be an exhaustive listing of every due date under the Code or ERISA, but rather reflects some of the most common due dates.

View Calendar

 

 
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
 
 
 
MFYCO PRIVACY POLICY



Michael F. Yates & Company Inc. believes strongly in protecting the privacy of its users.


 
 

Mike's Best Friend

 
 
"My guiding principles in life are to be honest, genuine, thoughtful and caring."
Prince William 

HEALTH CARE IN THE LIMELIGHT: 

Health Care

      With all of the attention on the health care issue, open enrollment will be looked at a lot closer for 2010. In the past many employees took things for granted when it came to health care benefits. However, with the economy in the current state and all the media attention, HR directors should plan with careful attention to what may appear to be negative changes to their company plan. Now more than ever a proper presentation of an employees total cost to the company should be presented. Answers to common questions as well as the potential challenging ones should be prepared in advance. You should address the new additions and their cost in a simple to understand format. Be empathetic in the explanation with the goal of keeping things simple to understand. Some company's use an internet page to explain the changes and then the employee acknowledges their understanding with immediate enrollment right on line. Feel free to call to discuss your company's needs regarding the 2010 open enrollment period. 
  
    
I hope that our newsletter will be of help in your organization and your life. We try to cover as many of the vital changes we are all experiencing. 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. If you feel a friend or colleague would benefit from receiving our newsletter, please feel free to forward a copy.

 
Best Regards,
    Mike
Michael F. Yates
President

 PS: You can view all of our newsletters by clicking the 'newsletter archives' link at our company website (www.mfyco.com).
______________________________
 
 
about MFYCO ...

  • 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.

Take the Michael F. Yates & Company, Inc. challenge!

Call us today ... 908-689-4200 


 

Stay Home if You Don't Feel Well 


Nearly everyone has to come to work sick during their career but this flu season the federal government is encouraging all workers to stay home if they are sick.

The U.S. Department of Health and Human Services' (HHS) Centers for Disease Control and Prevention (CDC), has developed updated guidance for employers of all sizes to use as they develop or review and update plans to respond to 2009-2010 H1N1 influenza. The guidance includes additional strategies to use if flu conditions become more severe and some new recommendations regarding when a worker who is ill with influenza should return to work.

Actions Employers Should Take Now:
Review or establish a flexible influenza pandemic plan and involve your employees in developing and reviewing your plan;
Have an understanding of your organization's normal seasonal absenteeism rates and know how to monitor your personnel for any unusual increases in absenteeism through the fall and winter;
Engage state and local health departments to confirm channels of communication and methods for dissemination of local outbreak information;
Allow sick workers to stay home without fear of losing their jobs;
Develop other flexible leave policies to allow workers to stay home to care for sick family members or for children if schools dismiss students or child care programs close;
Plan now to determine how you will operate if absenteeism spikes from increases in sick employees, employees who need to stay home to care for ill family members, and employees who must stay home with their children if school closes;
Share your influenza pandemic plan with employees and explain what human resources policies, workplace and leave flexibilities, and pay and benefits will be available to them;
Share best practices with other businesses in your communities, chambers of commerce, and associations to improve community response efforts;
Increase the physical distance between people at your business to reduce the spread of disease, such as: canceling large community gatherings, spacing workers farther apart in the workplace, canceling non-essential travel, and recommend work-from-home strategies;  and
Add a "widget" or "button" to your company Web page so employees can access the latest information on influenza.

Some other ways to help keep workers healthy are:
     Cover coughs and sneezes with a tissue, or if no tissue is available, use your sleeve. Place posters in the worksite that encourage cough and sneeze etiquette.
     Improve hand hygiene. Wash your hands as often as possible. Place hand sanitizers in multiple locations to encourage hand hygiene. Keep your hands away from your mouth.
     Clean surfaces and items that are more likely to have frequent hand contact.
     Encourage employees to get vaccinated.

 
One of the best ways to reduce the spread of influenza is to keep sick people away from well people.The CDC recommends that workers who appear to have an influenza-like illness upon arrival or become ill during the day, be promptly separated from other workers and be advised to go home until at least 24 hours after they no longer have a fever (100° F or greater.)

Emplyee Free Choice Act (EFCA) more commomly known as the Union Card Check Bill is being reworked. 

Sen. Arlen Specter stated on Sept. 15, 2009, during a speech to the AFL-CIO convention in Pittsburgh that the bill would pass at the end of 2009. During the speech Specter said that the legislation would contain three planks unions want: faster turnaround for elections to certify unions, increased penalties for companies that violate organizing rules and binding arbitration for contracts once a labor union is certified. Specter said that one-half of labor contracts are never completed or fulfilled after workers vote to certify a union. The changes did not include the controversial "card check" provision, which would bypass secret ballot elections by certifying union representation once a majority of workers sign a union card. As of September 16, it appears that the Democrats don't have enough votes to squash a filibuster threat from opposition, so the vote may be put off until Senator Kennedy's replacement is found.  Stay tuned.


mh group
 
How to Track Government Recovery Spending
 ...
 
"The Board shall establish and maintain...a user-friendly, public-facing website to foster greater accountability and transparency in the use of covered funds. The website...shall be a portal or gateway to key information relating to the Act and provide connections to other government websites with related information." 


 
irs woman
 

IRS NOTICE 2009 - 68
 
New Section 402(f) Rollover Notices

Internal Revenue Code Section 402(f) requires plan sponsors to provide a written explanation to recipients of plan distributions that are eligible for rollover.  The notice must explain the rules for direct and indirect rollovers, the mandatory tax withholding rules, the tax treatment of amounts that are not rolled over, and when distributions may be subject to different restrictions and tax consequences after being rolled over.

      On September 5th 2009, IRS released Notice 2009 68, which provides two safe harbor notices and simplifies the presentation and description of the participant's options upon receiving an eligible rollover distribution.  One notice is intended for distributions of non Roth amounts and the other is intended solely for distributions of Roth amounts. If a distribution includes both Roth and non Roth amounts, both notices must be provided.  The new notices reflect all provisions of current law and can be used immediately.  The notices are in a question and answer format.  The safe harbor notice for payments not from a designated Roth account is reproduced below.  Please contact MFYCO if you need the safe harbor notice for payments from a designated Roth account.
While employers may distribute these safe harbor notices on a word for word basis, employers can also either (a) customize the notice by deleting sections that do not apply to their plan or (b) develop their own Section 402(f) notices if they choose to do so, as long as the legal requirements are met.  In accordance with Notice 2009 68,  if the law on distributions/provisions covered in the "safe harbor notices" changes so that the explanation in the notices isn't accurate, the notices are no longer "safe harbor," so employers should carefully monitor law changes that affect the content of the notices.
     In addition, employers may want to consider further customizing the Section 402(f) safe harbor notices by adding the PPA 2006 requirement that a participant be notified of his or her right to defer receipt of a distribution by providing a description of the consequences of failing to defer.  In accordance with IRS Notice 2007 7, the required information must be written in a manner that is reasonably calculated to be understood by the average participant and must include:
a)   a description of how much larger benefits will be if the commencement of distributions from a defined benefit plan is deferred;
b)   a description of available investment options (and an in depth description of fees that will be incurred) if the distribution is deferred in a defined contribution plan; and
c)   the portion of the summary plan description that contains any special rules that might materially affect a participant's decision to defer.
The safe harbor explanations in the notices meet the requirements of Section 402(f) if provided to the recipient of the eligible rollover distribution within a reasonable period of time before the distribution is made. The notice may be provided as early as 180 days before the annuity starting date or the date on which the distribution is made. However the notice must be provided no less than 30 days (subject to a participant's right to waive) before the date on which a distribution is made.

For complete story and model of notice click here. 
   
Call us at MFYCO for more details and assistance.
"WORTH REPEATING"

U.S. Leading Economic Index Increased 0.6% in August

Sept. 21 (Bloomberg) --
 
The index of U.S. leading economic indicators rose for the fifth straight month, capping the longest stretch of gains since 2004 and signaling a recovery is under way.
 
 

The Conference Board's gauge of the economic outlook for the next three to six months rose 0.6 percent in August, in line with forecasts, after a 0.9 percent increase in July that was larger than previously estimated, according to data that the New York-based group released today.
The gains in stock prices, consumer confidence and homebuilding that are buoying the leading index bolster Federal Reserve Chairman Ben S. Bernanke's view that the worst recession since the Great Depression has probably ended. At the same time, rising unemployment and tight credit are a reminder that a rebound will be slow and gradual.
The report "is another signal that economic growth is turning sharply positive this quarter," said Dean Maki, chief U.S. economist at Barclays Capital Inc. in New York. "All of the elements for a robust recovery are falling into place. As we look ahead, job losses will end and the unemployment rate will stop rising, but we're not there yet."
The index was projected to rise 0.7 percent, according to the median forecast of 58 economists in a Bloomberg News survey, after an originally reported increase of 0.6 percent in July. Estimates ranged from unchanged to a gain of 1 percent.
Stocks Fell
U.S. stocks fell on speculation a six-month rally has outpaced prospects for profit growth. The Standard & Poor's 500 Index closed down 0.3 percent to 1,064.66 today in New York. Treasuries were little changed, with the yield on the 10-year benchmark note at 3.48 percent compared with 3.47 percent on Sept. 18.
Seven of the 10 indicators for the leading index are known ahead of time: stock prices, jobless claims, building permits, consumer expectations, the yield curve, factory hours and supplier delivery times.
The Conference Board estimates new orders for consumer goods, bookings for capital goods, and the money supply adjusted for inflation.
The Conference Board's index of coincident indicators, a gauge of current economic activity, was unchanged in August after increasing 0.1 percent the prior month. The index tracks payrolls, incomes, sales and production.
Lagging Indicators
The gauge of lagging indicators fell 0.1 percent following a 0.5 percent drop in the prior month. The index measures business lending, length of unemployment, service prices and ratios of labor costs, inventories and consumer credit.
Five of the 10 indicators in today's report added to the leading indicators index, led by a gauge of supplier deliveries, interest-rate spreads and the stock market.
The S&P 500 Index has soared 57 percent since March 9, when it hit a 12-year low, as optimism grew that the U.S. was pulling out of the downturn. A jump during August in the S&P 500 average from July's average added 0.3 point to the leading indicators gauge.
Building permits, a sign of future construction, and a gauge of consumer expectations also contributed.
Permits rose 2.7 percent to a 579,000 annual rate in August, the Commerce Department said on Sept. 17. The Reuters/University of Michigan index of consumer expectations six months from now, considered a proxy for future spending, rose to 65 in August and this month climbed to 69.2, according to a preliminary reading.
'Improving Trends'
Officials at some companies are already seeing a pickup in demand. Best Buy Co., the world's largest electronics retailer, raised its full- year earnings forecast last week even while reporting a drop in second-quarter profit, citing "improving trends" for sales.
"Customer traffic patterns have started to indicate signs of stability," Jim Muehlbauer, chief financial officer for Richfield, Minnesota-based Best Buy, said in a Sept. 15 statement.
Money supply adjusted for inflation, which has the biggest weighting in the leading index and subtracted the most of any measure in the August report, took away 0.3 point.
The average number of weekly applications for unemployment benefits rose in August from the prior month, subtracting 0.09 point from the leading index and a reminder that consumer spending is unlikely to lead the recovery.
Jobless Rate
Economists predict claims will subside gradually. Claims dropped by 12,000 to 545,000 in the week ended Sept. 12, according to Labor Department data, while the total number of people collecting benefits rose.
The economic expansion projected to start this quarter won't be enough to keep the unemployment rate from reaching 10 percent by the end of the year for the first time since 1983, according to a Bloomberg survey of economists this month. The rate rose to 9.7 percent in August, from 9.4 percent in July.
Unemployment rose in 27 U.S. states in August, with California, Nevada and Rhode Island reaching record levels of joblessness, the Labor Department reported Sept. 18 in Washington. California's unemployment rate reached 12.2 percent and Nevada's climbed to 13.2 percent.
"There's still a fair amount of weakness in some of the larger states," said Steven Cochrane, director of regional economics at Moody's Economy.com in West Chester, Pennsylvania. "State finances are probably going to be among the last of all the various components of the broad economy to turn around."
 Contact MFYCO for more information on this subject.
 
 "Note to Myself"

RobTOON

"I really didn't foresee the Internet.
 
But then, neither did the computer industry.
 
Not that that tells us very much of course
 
...the computer industry didn't even foresee that the century was going to end."

 

 

FIN

 

  
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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