January 13, 2012: Volume 4, Issue 1

 

In This Issue
Register Today for the 2012 ABC of Michigan Legislative Conference
It's Time to Repeal Michigan's Prevailing Wage Law
Health Care Reform: 2012 Compliance Checklist
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Register Today for the 2012 ABC of Michigan Legislative Conference

  

Registration is now available online for the 2012 ABC of Michigan Legislative Conference! Join with other ABC Members from around the state to become a citizen lobbyist at the State Capitol!

 

The 2012 ABC of Michigan Legislative Conference is an event specifically designed to get you engaged with legislative issues important to your businesses here in Michigan.  At this year's conference you will be able to meet with your local lawmakers to discuss issues important to you including the repeal of Michigan's Prevailing Wage Law. Guest speakers include Attorney General Bill Schuette (confirmed), Lieutenant Governor Brian Calley (invited), and U.S. Representative Pete Hoekstra (invited).

 

Please look for more information in your mailbox next week!This is an event you can't afford to miss! 

 

Register online today!

 

It's Time to Repeal Michigan's Prevailing Wage Law

 

During the past 11 months, the Michigan Legislature and Gov. Rick Snyder have gone to great lengths to economize, taking considerable political risks to make tax dollars stretch further at the state level, in counties, municipalities and schools. But a major policy reform that would restore fairness and save taxpayer money has been overlooked. The state's prevailing wage law is ripe for repeal.

 

The prevailing wage law requires that every time state money is used on a construction project (or even when the state guarantees bonds, which frequently happens on school construction projects), all workers must receive a compensation that is based on union wages and benefits.

This "prevailing" wage is actually a premium wage that applies only to about a fifth of Michigan's construction workforce, according to the Union Membership and Coverage Database. We conservatively estimate that the prevailing wage law adds $200 million annually to the cost of government construction projects in Michigan.

 

That's $200 million that the state spends artificially boosting wages for workers who already receive above-average compensation in the marketplace.

 

According to the Bureau of Labor Statistics, the median hourly wage for all workers in 2010 in Michigan was $16.26, but for workers in the construction and extraction category, the median wage was $20.97 per hour -- $4.71 an hour higher. Nearly all of this is private construction that does not adhere to a prevailing wage.

 

Brick masons made $26.37 an hour, electricians made $26.86 an hour, and plumbers made $28.15 an hour. Again, most of this is private construction, and nearly 80% of this workforce is not unionized, according to the Union Membership and Coverage Database. If there's a field where government protection of wages is necessary, it's probably not construction.

 

By requiring contractors to conform to union pay scales, the state is effectively demanding that whenever construction companies build schools or bridges for the use of the general public, they pay their already well-compensated workforces an extra 50% in wages. This adds at least 10% to the total cost of construction, and therefore the overall cost of government. This is money that cannot be used for teachers, cops or actual construction.

 

Repeal of the prevailing wage would free up $200 million that can be spent on preserving essential government services or returned to the economy through tax cuts, where it could be used to create jobs -- or both -- without sacrificing a single construction project or skimping on quality.

 

The prevailing wage law also creates headaches for contractors. Employers have to be ready to meet union job classifications and work rules, which aren't always spelled out by the unions or state government.

 

Finally, and perhaps most galling, it isn't always clear that unionized construction workers receive the pay and benefits required by the prevailing wage law. The state historically has not examined union contractors to verify that their workers receive the compensation that union officials claim in state surveys to determine the prevailing wage.

 

In effect, we are relying on the honor system for a policy that costs Michigan taxpayers $200 million a year.

 

The prevailing wage law is little more than a payoff to union contractors, an expensive payoff that taxpayers cannot afford. With government struggling to pay its already overwhelming bills, the time has come to repeal the prevailing wage law.

 

Written by: Paul Kersey, director of labor policy at the Mackinac Center for Public Policy in Midland.

 

Health Care Reform: 2012 Compliance Checklist

 

Health care reform brings a number of changes for employers and health plans in 2012. As employers prepare to comply with new requirements, they need to be aware of how health care reform will affect them in the coming year.

 

Below is a compliance checklist for employers for 2012.

 

GRANDFATHERED PLAN STATUS

A grandfathered health plan is one that was in existence when health care reform was enacted on March 23, 2010. Grandfathered plans are exempt from some of the health care reform requirements. A plan's grandfathered status will continue to affect its compliance obligations from year to year.

  • Determine if you have a grandfathered plan.
  • Determine whether your plan will maintain its grandfathered status. If you make certain changes to your plan that go beyond permitted guidelines, your plan is no longer grandfathered.
  • If you move to a non-grandfathered plan, make sure the plan includes all the additional participant rights and benefits required by health care reform. These rules include first-dollar coverage of preventive care services, an enhanced claim and appeal process, and non-discrimination requirements for insured plans.

 

SUMMARY OF BENEFITS AND COVERAGE

  • Plans and insurance issuers must provide a Summary of Benefits and Coverage (SBC) to participants and beneficiaries.
  • The SBC is a concise document - no more than four double-sided pages - providing simple and consistent information about health plan benefits and coverage in plain language.
  • A proposed template for the SBC is available, along with proposed instructions for completing the proposed template and a uniform glossary of terms.
  • The proposed deadline for providing the SBC was March 23, 2012. This deadline has been extended, however.

 

Plans and issuers now have until after final regulations are issued to begin providing the SBC. It is unknown when the final regulations will be issued, but plans and issuers should have sufficient time after they are issued to prepare the SBC.

 

60-DAY NOTICE OF PLAN CHANGES

  • When the SBC requirement becomes effective, plans and issuers must provide 60 days' notice of any material modifications to the plan that are not related to renewals of coverage. Notice can be provided in an updated SBC or a separate summary of material modifications.

 

WOMEN'S PREVENTIVE CARE GUIDELINES

  • Effective for plan years starting on or after August 1, 2012, non-grandfathered plans must cover specific preventive health services for women with no cost sharing. These services include well-woman visits, STD screening and contraceptives.

 

MEDICAL LOSS RATIO (MLR) REBATES

  • Fully insured plans may need to distribute rebates to enrollees in August 2012 if they qualify for a rebate from their issuers due to the medical loss ratio (MLR) rules requiring insurance companies to spend a certain percentage of premium dollars on health care.

 

W-2 REPORTING

  • Beginning with the 2012 tax year, employers that are required to issue 250 or more W-2 Forms must report the aggregate cost of employer-sponsored group health coverage on employees' W-2 Forms.
  • The cost must be reported beginning with the 2012 W-2 Forms, which are issued in Jan. 2013.
  • This requirement is optional for smaller employers for the 2012 tax year - and until further guidance is issued.
  • Reporting is for informational purposes only - it does not affect the taxability of benefits.

 

TAX CHANGES FOR AGE 26 COVERAGE

  • If your state previously required you to impute income for covering dependents up to age 26, check on changes to your state's tax code. All states that impose an income tax should now be in conformity with federal tax law, which permits this coverage to be provided on a tax-free basis.

 

COMPARATIVE EFFECTIVENESS RESEARCH FEES

  • Self-funded plans must pay a $1 per covered life fee for comparative effectiveness research. Fees are effective with the first renewal after October 1, 2012. Fees increase to $2 the next year and will be indexed for inflation after that.

 

SMALL BUSINESS TAX CREDIT

  • Small employers that qualify for the tax credit provided by the health care reform law can claim the tax credit by filing Form 8941 (Credit for Small Employer Health Insurance Premiums) with their annual tax filings.
  • To qualify, employers must have fewer than 25 employees and pay average annual wages of less than $50,000.

 

 
Associated Builders and Contractors of Michigan is a statewide trade association, working in partnership with three local chapters, dedicated to providing Michigan with high-quality, affordable, safe and on-time construction.  ABC of Michigan is an equal opportunity organization that opposes all discrimination in the construction industry including discrimination based on union affiliation. A leading construction industry voice with state government, ABC provides many member services including legislative advocacy, networking opportunities, member benefits, legal updates, business development and educational opportunities.