This document discusses defined contribution (DC) health benefit plans, also known as "DC health plans". It examines the key features of DC health plans, including how employer contributions are determined and issues around employee choice and plan design innovations. The advantages and disadvantages of DC health plans for employers and employees are also assessed. While interest in DC health plans is growing due to rising healthcare costs and complexity, significant challenges around implementation remain. Widespread adoption of full DC health plans may depend on factors like unemployment levels and further healthcare cost increases.
Note: If this publication all links are dead, but you need to download files from this publication, please send me a private message and I'll try to help you or emai to info@presslounge.vn for supporting
Disclaimer: We do not encourage illegal activity. References to a content protected by the copyright law, are given exclusively in the fact-finding purposes. If you liked the program, music or the book – buy it.
Should an Employer Be Self-Funded?
That is quite a question. In the past we cautioned that claims savings was not guaranteed by self-funding. And with a small difference in fixed fees vs. fully insured retention, there was not much incentive for smaller employers to take the risk, given that they were more susceptible to wide fluctuations in claims cost.
Review our research and analysis on self-funding to help determine if the program is the right fit for your business. Contact McGohan-Brabender to discuss self-funding in detail.
https://www.mcgohanbrabender.com/
Note: If this publication all links are dead, but you need to download files from this publication, please send me a private message and I'll try to help you or emai to info@presslounge.vn for supporting
Disclaimer: We do not encourage illegal activity. References to a content protected by the copyright law, are given exclusively in the fact-finding purposes. If you liked the program, music or the book – buy it.
Should an Employer Be Self-Funded?
That is quite a question. In the past we cautioned that claims savings was not guaranteed by self-funding. And with a small difference in fixed fees vs. fully insured retention, there was not much incentive for smaller employers to take the risk, given that they were more susceptible to wide fluctuations in claims cost.
Review our research and analysis on self-funding to help determine if the program is the right fit for your business. Contact McGohan-Brabender to discuss self-funding in detail.
https://www.mcgohanbrabender.com/
Taking a closer look at what your company needs to know about moving from a fully-insured to a self-funded health benefits environment. Originally presented by Greg Bass, Senior Consultant/Benefits Division Manager for The Starr Group, this presentation shares the "secret formula" for health insurance programs that successfully work WITH ObamaCare!
Mid-Year Election Changes Under Cafeteria Plansbenefitexpress
This webinar reviews all of the events that affect employees to change their elections under a cafeteria plan and when/how they apply. All 14 events are discussed.
The Pros and Cons of Self-Insured vs. Fully Insuredbenefitexpress
This webinar reviews which factors and employer should consider in self-insuring and full benefits. It will discuss the legal, administrative, and ee issues.
This presentation is designed to provide the information needed to understand self-funding, assist you in explaining the solution to clients and then determine whether it is right for their company by comparing and contrasting it to a fully insured solution.
Chapter 6Alternative Responses and Initiatives of Institutions aJinElias52
Chapter 6
Alternative Responses and Initiatives of Institutions and Professions
Nongovernmental health care organizations provide most medical services and handle the financing of much of the system. For-profit and nonprofit institutions operate side by side, often competing directly for the same business.
This chapter identifies a number of strategies that individuals and organizations adopt in response to governmental programs or initiate on their own to influence health policy. We start with Table 6-1, which outlines the actors and the alternatives for responding to government actions and the marketplace. Where alternatives have been addressed and terms defined in earlier chapters, we try not to repeat that information.
6.1 COMMON RESPONSES
All of the players listed in Table 6-1 employ strategies to influence the marketplace and its regulators. These can be classified into three main types of interventions:
• Public relations
• Marketing and education
• Lobbying
Table 6-1 Responses and Initiatives of Institutions and Professions
Common Approaches
• Public relations
• Marketing and education
• Lobbying
Payers
• Employers
• Eligibility
• Subsidy offered
• Plans offered
• Relationship with insurers/self-insurance
• Worker education and training
• Insurers
• Method of organization
• Method of payment
• Plans offered
• Case management/carve-outs
• Utilization constraints
• Consumer education
Providers
• Professionals
• Organization of practice
• Services offered
• Incentives
• Pricing
• Patient relationships
• Primary versus specialty care
• Efficiency
• Institutions
• Organizational structure
• Scope and scale of services
• Pricing/discounts
• Efficiency
• Quality improvement
• Consumer information
• Credentialing decisions
• Involving payers in change processes
• Professions
• Quality improvement
• Provider education
• Consumer education
Consumers
• Plan selection
• Provider selection
• Self-help
Each player manages its relationships with the media and with politicians and regulators directly, and each acts indirectly through trade associations and professional groups. You will see illustrations of this throughout the cases included in this text and in subsequent chapters dealing with political feasibility and values. The focus of each intervention changes depending on the nature of the specific market. Lobbying is particularly intense in administered markets such as Medicare and Medicaid, especially when new legislation is under consideration. Lobbying also goes on continuously with the relevant executive branch agencies. Public relations and education are used more assertively when regulators are considering changes, and marketing, especially advertising, is most intense where the market is less regulated. The term education can apply to the many different types of efforts to influence behavior. Government antismoking campaigns can be characterized as education, for example, but the term can also ...
Taking a closer look at what your company needs to know about moving from a fully-insured to a self-funded health benefits environment. Originally presented by Greg Bass, Senior Consultant/Benefits Division Manager for The Starr Group, this presentation shares the "secret formula" for health insurance programs that successfully work WITH ObamaCare!
Mid-Year Election Changes Under Cafeteria Plansbenefitexpress
This webinar reviews all of the events that affect employees to change their elections under a cafeteria plan and when/how they apply. All 14 events are discussed.
The Pros and Cons of Self-Insured vs. Fully Insuredbenefitexpress
This webinar reviews which factors and employer should consider in self-insuring and full benefits. It will discuss the legal, administrative, and ee issues.
This presentation is designed to provide the information needed to understand self-funding, assist you in explaining the solution to clients and then determine whether it is right for their company by comparing and contrasting it to a fully insured solution.
Chapter 6Alternative Responses and Initiatives of Institutions aJinElias52
Chapter 6
Alternative Responses and Initiatives of Institutions and Professions
Nongovernmental health care organizations provide most medical services and handle the financing of much of the system. For-profit and nonprofit institutions operate side by side, often competing directly for the same business.
This chapter identifies a number of strategies that individuals and organizations adopt in response to governmental programs or initiate on their own to influence health policy. We start with Table 6-1, which outlines the actors and the alternatives for responding to government actions and the marketplace. Where alternatives have been addressed and terms defined in earlier chapters, we try not to repeat that information.
6.1 COMMON RESPONSES
All of the players listed in Table 6-1 employ strategies to influence the marketplace and its regulators. These can be classified into three main types of interventions:
• Public relations
• Marketing and education
• Lobbying
Table 6-1 Responses and Initiatives of Institutions and Professions
Common Approaches
• Public relations
• Marketing and education
• Lobbying
Payers
• Employers
• Eligibility
• Subsidy offered
• Plans offered
• Relationship with insurers/self-insurance
• Worker education and training
• Insurers
• Method of organization
• Method of payment
• Plans offered
• Case management/carve-outs
• Utilization constraints
• Consumer education
Providers
• Professionals
• Organization of practice
• Services offered
• Incentives
• Pricing
• Patient relationships
• Primary versus specialty care
• Efficiency
• Institutions
• Organizational structure
• Scope and scale of services
• Pricing/discounts
• Efficiency
• Quality improvement
• Consumer information
• Credentialing decisions
• Involving payers in change processes
• Professions
• Quality improvement
• Provider education
• Consumer education
Consumers
• Plan selection
• Provider selection
• Self-help
Each player manages its relationships with the media and with politicians and regulators directly, and each acts indirectly through trade associations and professional groups. You will see illustrations of this throughout the cases included in this text and in subsequent chapters dealing with political feasibility and values. The focus of each intervention changes depending on the nature of the specific market. Lobbying is particularly intense in administered markets such as Medicare and Medicaid, especially when new legislation is under consideration. Lobbying also goes on continuously with the relevant executive branch agencies. Public relations and education are used more assertively when regulators are considering changes, and marketing, especially advertising, is most intense where the market is less regulated. The term education can apply to the many different types of efforts to influence behavior. Government antismoking campaigns can be characterized as education, for example, but the term can also ...
Cost-Savings Strategies Beyond COVID-19: Keep Benefit Plans Top of MindCBIZ, Inc.
With many businesses turning their focus to reopening, as budgets strain it may be important to consider benefit plan cost-savings strategies. This article discusses cost savings for all plan types, as well as specific strategies for: Small ACA Health Plans; Small to Medium, Level-Funded Health Plans; Insured Health Plans; and Self-Funded Health Plans.
The Impact of Dropping Your Health Plan in 2015CBIZ, Inc.
As employers consider whether or not to drop their health plan in 2015, a broad, comprehensive financial impact analysis is required. In addition to calculating the cost of the “No Coverage” Shared Responsibility penalty, employers must factor in the nondeductibility of the penalty, increases in cash compensation and possible reductions in productivity. This article provides a brief overview of these components and explains how to run the math.
What decisions should you make for your business related to ObamaCare and HealthCare Reform?
The Roadmap & Decision Tree (pages 9 & 10) help to simplify and help you zero in on what you need to do.
If you have 49 or fewer employees...
If you have 50 or more employees...
This will help make your path clear.
Controlling Benefits costs: Employing Contingent Workers, HRM Outsourcing-Based Compensation Systems
NAME OF STUDENT
STUDENT NUMBER
COURSE CODE
COURSE NAME
LEARNING INSTITUTION
Compensation and Strategy: Controlling Benefits Costs
Introduction
According to Pauly, 1997 employers would want to devote much managerial effort to containing premium increases. Yet, many employers clearly have devoted resources to this end over the years, suggesting that they hold a different view. Their perspective (which Pauly terms the “business model”) places emphasis on health benefits as a cost center within each firm to be monitored and aggressively managed. If an employer could cut expenditures for health benefits, or control their rate of increase, and its competitors in the product market could not, it could lower product prices, increasing market share and profits. These gains might be short term in nature if other firms have access to the same cost containment approaches, but nevertheless they may be worth pursuing. Labor market considerations are seen as important constraints on employer cost containment efforts, but the goal of cost control is paramount.
Pauly, 1997 continues that ‘local health benefits managers may wish to manage health benefits to make them more attractive to potential employees, or to reduce costs, but they are severely constrained in doing so.
A good compensation scheme when used as a strategy by an organization aims to give rewards for the right employee behaviour. When employee achievements of the desired results are rewarded it becomes a motivator and this enhances effectiveness thereby increasing success possibilities. Compensation scheme can also be used to reinforce a desired organization culture and the compensation policy must replicate strategic business objectives. Organizations may use both financial and non financial rewards in their scheme. One such benefit is employee health insurance and when strategically used it has the ability to assist the employer and employee in various ways. However the provision of medical insurance is costly and organizations have to constantly look for ways to contain the spiralling health insurance costs to remain competitive in the industry. Most organizations seek to maximise the profitability and revenues and to have a good profit margin they must be able to constantly make cost savings.
Discuss how health insurance benefits might impact the organization’s overall strategic goal-setting process.
Quality manpower is an important asset for any organization .The provision of health insurance has great impact on organization’s overall goal setting process. Once an organization has attracted quality employs into its workforce it is important that it continues to provide quality health insurance so that the existing employees are not attracted to what is on offer by the competitors. Therefore the company is able to retain its valued manpower.
Increased productivity and reduced absent.
In an article for Healthcare Executive, Don Seymour, Kevin Talbot, and Chad Stutelberg share their insight on developing compensation strategies that link executive and physician compensation models to acute care outcome-based payment methodologies.
This proposal incorporated a vision for the network architecture of a new platform Milliman was creating. It was based on research into what was then new technologies like SQL Server Failover and Catalyst (now Cisco) 6500 series switching.
Business Forms Management on Corporate IntranetsCraig Burma
In 1999, paper business forms dominated businesses. Intranets were the untested platform. This Thesis focused on the tension between what I called Business Forms "paper pushers" and Intranet "propeller heads."
My research corrected predicted how 1) telecommunications advances 2) virtual partnerships 3) information security and 4) legal requirements would force these two groups to work together in the ways that I outlined.
This thesis was the foundation upon which I built a significant portion of my career.
Thanks Mom for keeping this all this time. Reading my own writing helps me recall how much I believed in myself even when I was 20 and running my first business
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
Remote sensing and monitoring are changing the mining industry for the better. These are providing innovative solutions to long-standing challenges. Those related to exploration, extraction, and overall environmental management by mining technology companies Odisha. These technologies make use of satellite imaging, aerial photography and sensors to collect data that might be inaccessible or from hazardous locations. With the use of this technology, mining operations are becoming increasingly efficient. Let us gain more insight into the key aspects associated with remote sensing and monitoring when it comes to mining.
As a business owner in Delaware, staying on top of your tax obligations is paramount, especially with the annual deadline for Delaware Franchise Tax looming on March 1. One such obligation is the annual Delaware Franchise Tax, which serves as a crucial requirement for maintaining your company’s legal standing within the state. While the prospect of handling tax matters may seem daunting, rest assured that the process can be straightforward with the right guidance. In this comprehensive guide, we’ll walk you through the steps of filing your Delaware Franchise Tax and provide insights to help you navigate the process effectively.
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Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
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Consumer-Centric Technology in Benefits Administration
1. Spring 2001
INSIDE THIS ISSUE
• Will You Survive a
401(k) Plan Audit?
• Information
Technology in
Benefits Plan
Administration
Milliman & Robertson invites
you to visit our website at
www.milliman.com
BENEFITS PERSPECTIVES
Current Issues in
Employee Benefits
F
aced with sharp increases in the cost of providing
healthcare benefits to workers and seeing future
healthcare cost trends on an upward spike, employ-
ers are exploring new ways to control expenses.
Employers also recognize that there will be new pressures
in the not-too-distant future, as the healthcare system
contends with an aging population. In addition, as law-
makers and regulators take steps that burden health
plans with more administrative complexities, benefit
mandates, and greater potential liability, employers will
pursue options that can control costs, limit employer
exposure to lawsuits, and allow companies to focus on
their core business—and get out of the healthcare busi-
ness—while offering employees greater choices.
Defined contribution (DC) health benefit plan designs are
now at the forefront of the emerging innovations in
employer-sponsored healthcare benefits. This article exam-
ines the DC health plan concepts and features, their advan-
tages and disadvantages, and the obstacles and challenges
to their implementation.
DC Health Plan Features
DC health arrangements generally refer to programs
under which an employer specifies an amount of money
it will contribute toward workers’ healthcare coverage,
and the employee then selects a health plan available on
the open market. If the employee selects a plan that costs
more than the amount contributed by the employer, he
or she would have to pay the difference; if the plan cho-
sen costs less, the employee could “pocket” the savings
for future healthcare costs.
Although the concept is simple, there are significant
issues raised about DC health programs and their imple-
mentation, including the following:
• The Contribution—Currently, many employers base
their contribution on the cost of a specific benefit plan
option. For example, many employers pay 50% to
100% of the single rate for a particular (typically, the
lowest-priced) plan. Other employers pay the full cost
less a fixed-dollar amount. In either case, the employ-
er’s contribution implicitly varies for each employee
according to age (i.e., because the employee’s contri-
bution is not age-specific and total healthcare costs
increase with age). And it usually increases with
healthcare cost inflation.
Most DC health plans maintain an age-adjusted
employer contribution, but dissociate the employer’s
contribution from the cost of a specific benefit option
and increase the employer’s contribution independent
of healthcare inflation. These features effectively de-
couple the employer’s contribution from the cost of
the health benefit, likely resulting in employees paying
an increasing share of their healthcare costs.
Other DC health plans require the employer to con-
tribute an equal amount to each employee for healthcare
costs. This approach results in immaterial change if the
employee is able to purchase coverage at a rate that
reflects the average age of the whole group (i.e., com-
posite rates across all ages). However, equal employer
contributions by employee would result in a radical
change if the employee had to purchase insurance in an
age-rated marketplace, with the amount paid by older
employees increasing significantly. Employers that
change from the current situation (where contributions
and premiums do not vary by age) must consider any
applicable age discrimination laws.
• GuaranteeIssue—MostDChealthplansaredesignedsothat
the employee purchases health insurance in a competitive
market where the health plan guarantees the issuance of
healthinsuranceataratethatdoesnotreflecttheemployee’s
health status. A few more radically defined employer-spon-
sored DC health plans may not provide this guarantee and
simply give the employee an allowance (or voucher) to pur-
chase health insurance. This amounts to providing nothing
more than a pay raise with which the employee must pur-
chase coverage in the individual health insurance market
(whichisaggressivelymedicallyunderwritten).
• Employee Choice—Plans offering employees a choice
of health benefit products are sometimes referred to
as DC health plans. Choice can refer to several prod-
ucts offered by one carrier or multiple carriers in a
“healthcare exchange” environment (i.e., where sig-
nificantly more carriers than a typical multiple-carrier
“Defined Contribution” Health Plans:
The Shape of Things to Come?
by David F. Ogden, FSA, and Michael G. Sturm, FSA
2. situation are offered to a given group’s employees). Additional
choice is not unique to DC health arrangements. Multiple
choice/cafeteria plans have been available for many years.
However, the rapid changes in technology make it easier to
administer a much larger portfolio of products from multiple car-
riers. People have come to expect more healthcare choices, given
that financial/retirement products frequently offer many choices.
There are several companies now working on providing many
more offerings than traditionally offered under typical multiple-
choice programs by leveraging use of the Internet.
• Innovative Plan Design—Some DC health plan arrangements
include a personal spending account (PSA) feature, which gener-
ally provides for first dollar coverage (i.e., no cost sharing) for dis-
cretionary health benefits. Because PSA balances at the end of the
plan year may roll over into the next year, employees have an
incentive to use care prudently and/or remain with the carrier
with which they have a positive PSA balance. PSAs are governed
by tax code sections 105 and 106, which allow carryovers to be
used only for healthcare, rather than section 125, which governs
cafeteria plan arrangements and flexible spending accounts.
Self-directed health plans that allow employees to seek care from
any provider, without the care being managed by the health plan,
also are being offered. Another DC health plan innovation is an
episodic payment-based health insurance product that provides a
stated allowance for a diagnosis, payable as costs associated with
the treatment are incurred. The insured pays for costs up to the
out-of-pocket limit if the allowance is depleted. Under this type of
arrangement, the carrier provides a significant amount of informa-
tion on various medical conditions and associated provider fees on
a web site, thereby allowing the insured to research the best option
(price vs. reputation/quality of services) when obtaining care.
Advantages and Disadvantages for Employers
From an employer’s perspective, the ability to manage costs is prob-
ably the most significant advantage of adopting a DC health plan.
But there are also implications to having healthcare cost obligations
fixed, and employers that limit their contributions to an extremely
low amount must consider the effects such cost shifting will have on
their employees. For example, although DC health plans that com-
pletely de-couple the employer’s contribution from the total health
benefit costs can control the employer’s year-to-year healthcare
expenditures, employees could expect higher salaries to cover the
health insurance premium. Employers that increase the plan’s cost
sharing also may find that doing so can be difficult to implement if
employees view tax-free health benefits as more valuable than tax-
able wages. Because the employees’ costs are likely to rise under a
DC health arrangement and the increased costs will be more obvi-
ous than under current “defined benefit” health plans, an employer
must be ready to deal with worker unhappiness, low morale, and
employee turnover.
Employers implementing DC health benefits also could realize some
administrative savings by providing employees a fixed contribution
and access to a menu of plans. But the additional administrative work
required in providing broad plan choices—and the attendant time
and communications materials needed—might more than offset any
savings. In addition, some DC health plans are attractive because they
can allow employers to avoid potential costs and/or liability under
any current or prospectively ratified mandated benefit or “patient
rights” legislation. Providing vouchers or money to workers to pur-
chase health insurance does not carry the fiduciary responsibilities
and obligations that providing health plans or insurance does.
One area of uncertainty with DC health plans is the taxation issue,
especially for employers that simply provide employees a fixed-dol-
lar amount and a menu of plans through an open market. Those
amounts are considered wages to employees and are subject to addi-
tional payroll-related taxes (e.g., Social Security, Medicare) for both
employers and employees.
Incentives and Disincentives for Employees
From an employee’s perspective, DC health plans offer workers an
incentive to become involved in their healthcare management and
costs, leading to avoidance of unnecessary or discretionary services.
Having additional choices in providers and/or networks allows
employees to select a plan that best suits their needs.
For employees, the issues raised by DC health arrangements encom-
pass the following:
• The marketplace for the provision of health benefits may be trans-
formed into one of individual insurance, particularly if the employ-
er does not guarantee issue. This would lead to individuals with
higher than average healthcare costs paying more in premiums (or
perhaps even be declined insurance) than under a community-
rated group insurance product, unless state regulation requires
level premiums regardless of an individual’s health status.
• When choosing an appropriate plan from among multiple options
under a DC health arrangement, employees will have to spend
more time than they now do.
• Younger/older employees are likely to experience a windfall/short-
fall if employers do not vary contributions by age, since individuals
would have to buy insurance in an age-rated marketplace. Although
some proponents of this concept argue that young/healthy individ-
uals will save the amounts not currently spent on healthcare for
future healthcare costs, opponents counter that the less
healthy/older individuals must pay higher costs without ever having
the opportunity to save in their younger/healthier years. In addi-
tion, there is no guarantee that the younger/healthier employees will
save the money for healthcare purposes in later years.
• The tax code sections governing PSAs prevent employers from
giving tax-qualified vouchers to employees that can be taken as
cash. This reduces the amount of flexibility that an employee has
with the employer’s contribution to healthcare costs (e.g., in a
situation where the employer contributes more than the employ-
ee’s costs, such as with level employer contributions and age-
rated premiums).
The Health Plan/Insurance Market
Ongoing changes in the health plan and insurance markets are also
fueling interest in DC health arrangements. Internet-based health
2
Milliman & Robertson / Spring 2001
BENEFITS PERSPECTIVEScurrent issues in employee benefits
3. plan administration, provider competition over quality and price,
network customization by employees, and expansive choices are
among the innovative responses now underway.
But uncertainties remain for DC health plan developers. Employee
choice can lead to adverse selection, where insurers are unable to
accurately predict medical costs for their insured population.
Current small-group rating regulations and/or the lack of economies
of scale might make “healthcare exchanges” impractical or not pos-
sible for some employers. Current tax laws have not been tested with
DC health plans. And the DC health plan concept blurs the line that
currently distinguishes “group” and “individual” health insurance,
raising questions as to whether and how to apply laws—such as
COBRA continuation coverage and Health Insurance Portability and
Accountability Act requirements—to these emerging programs.
Are DC Health Plans Viable?
Although many employers appear interested in DC health plans that
provide employee choice, few are ready to commit to, much less
adopt, an arrangement that completely de-couples employer contri-
butions from healthcare cost inflation and an employee’s age. The
current competitive labor market, which makes finding and retain-
ing employees difficult, is one factor constraining employers from
implementing DC health plans.
If unemployment rises and profits fall, however, it is possible that a
noticeable move towards full-fledged DC health benefits will emerge.
The return of double-digit healthcare cost increases and improve-
ments in technology have spawned consideration of the DC concept.
In addition, to the extent that federal and state legislation and regu-
lations or judicial decisions make the healthcare landscape for group
plans and insurance more onerous or unmanageable, employer
demand for solutions and innovations along the lines offered by DC
health arrangements will grow.
3
Milliman & Robertson / Spring 2001
BENEFITS PERSPECTIVEScurrent issues in employee benefits
Dave Ogden and Mike Sturm are consulting actuaries in the
Milwaukee office of Milliman & Robertson .
Will You Survive a 401(k) Plan Audit?
by Christine Hinson, QPA, and Dawilla Madsen, CLU, APM
T
he thought of an Internal Revenue Service (IRS) or
Department of Labor (DOL) audit can put fear and trem-
bling into the heart of even the most stoic person. This fear
is not unfounded. Qualified retirement plan sponsors and other
plan fiduciaries may personally be held liable for civil or even
criminal penalties if the agencies find actions that violate the
Employee Retirement Income Security Act (ERISA). The quali-
fied plan itself might face disqualification, or the plan sponsor
could be subject to monetary sanctions for certain other viola-
tions. Although severe penalties and plan disqualification are not
the norm, they are a distinct possibility. At the very least, an audit
initiated by the federal agencies will cost plan sponsors time and
money, not to mention the obvious anxiety.
This article focuses specifically on audits of 401(k) plans, examin-
ing the areas under review by the federal agencies and exploring
“self-audits” and corrections programs as options that can be
helpful to plan sponsors.
Who Does the Audit?
In the past, the IRS conducted the majority of 401(k) plan audits.
Recently, however, the DOL has become a major player in the
audit arena. Although there is some overlap, the IRS is primarily
interested in plan documentation and plan operational compli-
ance, while the DOL focuses on compliance with ERISA, particu-
larly to ensure that plan participants’ rights are not violated.
IRS Audits
The IRS recently issued a compliance profile of 401(k) plans. From
1995-1997, the agency’s field offices audited 472 plans, 44% of which
had defects. In releasing the results of the study, the IRS expressed
the hope that the information compiled on violations would aid plan
number of plans
area of violation with violations
Hardship Distributions 68
Eligible Rollover Distributions 33
401(k)/401(m) Nondiscrimination
Testing Failures 28
Loans 26
Benefits Other Than Matching Contributions
Made Contingent on Elective Deferrals 24
Top-Heavy Requirement 18
Plan Not Qualified (Reason Not Given) 15
Coverage 14
Section 415 Failures 13
Nondiscrimination 13
Vesting 9
Prohibited Transactions
(DOL and IRS Requirement) 8
Timely Transfer of Contributions
to the Plan (DOL Requirement) 8
IRS Compliance Profile of 401(k) Plan Defects
Table 1
4. sponsors by identifying the likely areas of potential or existing viola-
tions. A sample of what the agency found is shown in Table 1.
Based on the law of averages, the chance of any plan having a viola-
tion is substantial. And because the IRS apparently will include qual-
ified plan audits in its work plan for 2001, the chances of an audit are
not diminished.
DOL Audits
There are three primary areas the DOL currently has targeted for
401(k) audits:
• Plan Investments—The DOL is interested in the prudence and pro-
priety of the plan’s investments, and wants to ensure that each invest-
ment is examined thoroughly by the plan administrator and/or
trustee before it is made and that it is reviewed on a regular basis.
• Timely Deposits of Plan Assets—The DOL’s regulations require
participant contributions to be deposited into the trust as soon as
the monies can reasonably be segregated from the employer’s gen-
eral assets, but no later than 15 days after the end of the month in
which the amounts are withheld. Many plan sponsors operate
their plans as if the 15-day maximum is a safe harbor. The DOL’s
enforcement activities focus instead on ensuring that plan spon-
sors make the deposit on the earliest possible date.
• Payment of Expenses—The DOL has begun to examine how plan
sponsors determine who pays various plan-related expenses. This
area has been fraught with difficulties for plan sponsors because
the agency previously provided little formal guidance as to which
expenses are payable by the plan and which expenses must be
paid by the employer or plan sponsor. The DOL recently issued
new guidance, which should help employers in the determination,
though complying with it will not necessarily be easy.
As part of the question of who pays for what, 401(k) plan sponsors
in particular need to be aware of the fees being charged for plan
administration, fees that might include more than just a base
recordkeeping fee. For example, recordkeeping fees hidden in
asset management fees might result in costs to the participant that
are more than the industry standard. Plan sponsors must under-
stand how their fee structure works and be able to show that these
fees are being monitored on a regular basis.
Who Is Responsible?
When the IRS or DOL comes knocking, there should be no doubt who
must answer. Plan fiduciaries, who ultimately are responsible for plan
qualification, include any person who: exercises discretionary author-
ity or control of the management or disposition of the plan assets;
renders investment advice for a fee; or has discretionary authority or
responsibility for plan administration. Thus, plan fiduciaries usually
include the plan sponsor, plan administrator, and plan trustee.
ERISA requires all fiduciaries to operate the plan solely in the inter-
est of participants and beneficiaries, and for the exclusive purpose of
providing the benefits in accordance with the plan document and
related instruments. Fiduciaries also are responsible for selecting
investments with care, skill, prudence, and diligence, and for diversi-
fying investments to minimize the risk of large losses.
Being Prepared
Plan sponsors and other fiduciaries cannot guard against a 401(k)
audit. But they can be prepared. Being prepared can make an audit
less onerous and costly.
Plan sponsors hire actuaries, consultants, attorneys, internal audi-
tors, investment managers, and other benefit professionals to assist
them in numerous ways. In most cases, the day-to-day administra-
tion falls on an in-house human resource professional, whose
responsibilities include more than just administration of the quali-
fied plan. Often, this employee will not have attended professional
seminars or outside training on the latest requirements governing
qualified plans. Therefore, it is a good idea to have benefits profes-
sionals periodically review the plan in operation and design to
ensure a clean bill of health before a potential audit.
One of the best ways to be prepared—and to alleviate some of the
anxiety—is to perform a self-audit of a plan’s administration before
the IRS or DOL shows up on the doorstep. Even the IRS has acknowl-
edged the importance of a self-audit. At a recent American Bar
Association program on plan audits, an IRS official said the agency is
not likely to ask for information obtained by a self-audit, but that the
plan sponsor might want to share it with the IRS to indicate interest
in plan compliance, a factor that is considered when negotiating
monetary sanctions.
Scope of the 401(k) Self-Audit
Based on the IRS’s and DOL’s current activities, the scope of a 401(k)
self-audit should be comprehensive. Generally, a self-audit should
review the plan’s compliance with ERISA, the Internal Revenue Code
requirements, and corresponding regulations and other guidance.
Specifically, areas to focus on include the following:
• Plan Documentation—Plan sponsors should verify that all neces-
sary documents exist, are signed, and are in compliance. This
includes the plan document and all amendments, summary plan
descriptions (SPDs), summary of material modifications, and
trust agreements. The plan document and amendments should be
reviewed for timely adoption and recent IRS determination letters.
The SPD should be reviewed for distribution compliance and to
ensure it is up-to-date. The trust agreement should reflect the
most recent trustee and investment procedures.
Any administrative procedures (e.g., loans, qualified domestic
relations orders, claims distributions, and the plan’s investment
policy) should be reviewed to ensure the plan is being operated in
accordance with its terms and provisions. Administrative
forms—particularly those relating to elections, distributions,
spousal consents, loans, withdrawals, and withholding—should
be reviewed for compliance and accuracy.
The last three annual report filings (Form 5500), summary annual
reports, and financial statements, as well as a copy of the fidelity
bond covering those years, should be maintained for ready access.
• Plan Operations—Certain items may undergo random sampling
to ensure their accuracy. Are eligibility requirements under a
plan’s enrollment procedures administered correctly? Is service
credited correctly, especially for re-hires, when computing vesting
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Milliman & Robertson / Spring 2001
BENEFITS PERSPECTIVEScurrent issues in employee benefits
5. percentages? Under the plan’s distribution procedures, are all
appropriate notices and elections regarding rollovers, withhold-
ing, and spousal consent (if applicable) being provided to plan
participants on a timely basis? Is there necessary, appropriate
documentation for hardship distributions and plan loans? Are
participant contribution deposits made on a timely basis?
• Annual Compliance Testing—Plan sponsors must ensure that
annual compliance testing is performed and all applicable forms
are filed with the IRS and DOL. Among the many tests that spon-
sors must perform are: coverage testing; identification of highly
compensated employees; nondiscrimination testing; and monitor-
ing of benefits and compensation limits. These tests can be com-
plicated and are subject to annual regulatory changes.
• Annual Forms Completion—Because the completion of annual
forms—such as Form 5500 or Form 1099R for reporting of plan
distributions—can be time consuming and confusing for the
average human resource practitioner, this area may be delegated
to third-party professionals.
Correction Programs
Because plan disqualification has a significant adverse effect on par-
ticipants and sponsors, the IRS and DOL have implemented compre-
hensive programs for plan sponsors to identify defects and violations
and to make corrections.
• The IRS recently issued a revised 90-page procedure for its
Employee Plans Compliance Resolution System (EPCRS). The
EPCRS’s programs provide for self-correction (SCP), voluntary
correction with IRS approval (VCP), and corrections when the
violation is found upon an audit (Audit CAP). The SCP does not
require a fee or impose a monetary sanction, but it is not foolproof
against a future audit. The VCP requires a submission fee and
Audit CAP assesses a monetary sanction against the plan sponsor.
But under both programs, the correction is approved by the IRS.
Therefore, the issue will not be raised in a subsequent audit cover-
ing actions that occurred prior to the correction date.
• The DOL’s Voluntary Fiduciary Correction Program, a mere 34 pages,
does not require a fee nor does it impose a monetary sanction. Under
this program, plan fiduciaries may voluntarily apply for relief from
civil or criminal penalties under ERISA—but not under the tax
code—as a result of certain fiduciary violations. It covers violations
such as delinquent employee contributions, prohibited loans, improp-
ervaluationofassets,andpaymentofexcessiveplanexpenses.
Both programs require adherence to specific procedures, detailed
documentation, and possibly negotiations with either the IRS or DOL
(or both). Plan sponsors may wish to consider using the services of
benefits compliance experts to help navigate a corrections program.
Conclusion
An audit by the DOL or IRS can be costly in time and expense, not to
mention anxiety. To alleviate the audit-related stress, a qualified
401(k) plan sponsor should periodically perform a self-audit for
compliance. Doing so can give the sponsor peace of mind, knowing
that the plan is being administered in accordance with its terms and
the various laws and regulations. A self-audit also can pinpoint areas
of potential and real problems.
Keeping a qualified 401(k) plan in compliance is a major responsibility.
But, with frequently changing rules, statutory revisions, and turnover
in an employer’s human resources department, ensuring compliance
can be daunting. If your plan performs self-audits and you are willing
to open your books, you will be in a sound position to negotiate with
the DOL or IRS, should they call to perform an audit of their own.
5
Milliman & Robertson / Spring 2001
BENEFITS PERSPECTIVEScurrent issues in employee benefits
Christine Hinson is an employee benefits consultant and Dawilla
Madsen is a compliance consultant in the New York (New Jersey)
office of Milliman & Robertson.
6. B
enefits administration in the technology-connected economy
brings an increasing focus on the role employers play in com-
municating with their employees. In traditional top-down orga-
nizations, technology investments tend to focus on improving mission
critical functions such as manufacturing or transaction systems.
Meanwhile, front-line systems managing employee benefits commu-
nications, retirement plan call centers, and related administrative
tasks are unsupported with technology investments and receive little
attention from an employer’s information technology staff. But
today’s competitive marketplace and enabling technologies are
increasing employer awareness of the capabilities of new applications
and their effects on employee participation in benefits administration.
This article describes the changes directly linked to technology
developments now taking place in benefits administration. Specific
information technologies (IT) are spotlighted, showing their ability
to automate processes, strengthen ties to employees, and reduce
administrative costs.
Employee-Centric and Employer-Centric Focus
A lot of money earmarked for retirement investments is still passing
through the Internet into the financial markets. This is what is fuel-
ing the growth and development of multiple communications chan-
nels between employers, employees, and third-party recordkeepers.
This new interaction dovetails with a market led by the largest, most
investment-savvy generation ever, in their peak years of
earning, saving, consuming, and investing. Despite all the
questions about the driving force behind this “new econo-
my,” the transformation of the role of the employee-con-
sumer is a significant part of this revolution.
Propelled by significant technology investments, recordkeep-
ers performing benefits administration tasks for employers
have the capacity not only to link their systems to an employ-
er’s human resource management applications, but also to
extend these links to plan participants and other outsourced
administrative service providers (see Diagram 1).
A good recordkeeper creates value for its clients by provid-
ing transactional efficiencies and gains their loyalty by
developing client-centric systems that take into account
each plan’s uniqueness. Increasingly, customer relation-
ship management, human resource systems integration,
efficient forms processing, and fulfillment services for par-
ticipant communications—operational areas formerly
neglected in IT investments—are becoming the primary
focus of technology investments to meet the voracious
information appetite of employee plan participants and
employer plan sponsors.
Recordkeepers have responded with fully developed self-service
web-based applications and integrated voice response (IVR) sys-
tems. Yet no single system has eclipsed the role of any other. Rich
website content prompts complex participant questions for experi-
enced, highly trained call center representatives with integrated
information systems at their fingertips. Many call centers report
more than half of all calls from participants start as self-service
transactions—on the web or through IVR—that are not completed
successfully. Although this appears to contradict process improve-
ments, the opposite may be true: these calls show that participants
are engaged, interested, and willing to pursue a resolution, rather
than simply throwing up their hands and giving up.
Outsourcing and Convergence in the Market
The 1999 Financial Services Reform Act cleared the way for
banks, securities firms, and insurers to offer multiple services.
Perhaps more importantly, this law unleashed the potential for
integrating disparate information systems to maximize opportu-
nities for the cross-selling of financial products and services. This
environment fueled the development of technologies to connect
legacy systems (older information systems containing valuable
business data and processing capabilities) to customer-facing
applications. Companies implementing, supporting, and training
on these technologies have benefited significantly.
6
Milliman & Robertson / Spring 2001
BENEFITS PERSPECTIVEScurrent issues in employee benefits
Information Technology in Benefits
Plan Administration
by Craig Burma
The Reversing Flow of Consumer Communications
with Financial Institutions
Diagram 1
Traditional Recordkeeping Communications Flow
Financial
Institution
Employer Plan Sponsors
and Employee Participants
Employer Plan Sponsors
and Employee Participants
Information
Interface Boundary
Recordkeeping
Systems
Recordkeeping
Processes
Communication
Channels
Benefits Administration
Outsourcing
Consumer-Centric Communications Flow
Recordkeeping
Relationships
Plan
Administration
Forms
Processing
Financial
Institutions
Data
Management
Fulfillment
Services
Health/Welfare
Administration
Call Center
Sponsor
Web
Participant
Web
Voice
Response
7. 7
Milliman & Robertson / Spring 2001
BENEFITS PERSPECTIVEScurrent issues in employee benefits
Outsourcing employer business transactions, including ben-
efits administration, is fueled by increasingly efficient inter-
company communications and commerce systems. When
an employer maintains a plan administrative process in-
house, it bears the total cost of the effort instead of the mar-
ginal cost of outsourcing the function to a recordkeeping
specialist who performs the tasks as a core business. These
“value chains” of outsourced business processes are shared
on many levels between an employer and a recordkeeping
vendor. For these value chains to be successful, however, it is
imperative that systems be linked to effectively connect in a
superior fashion to intra-company communications, while
presenting a consistent “look and feel” to employees.
For an employer’s retirement programs, employees
demand a single vendor for defined benefit, defined contri-
bution, cash balance, and deferred compensation plans.
They require real-time access to information about all their
accounts in one location. Employers, meanwhile, want
real-time access to plan data and information about the
interactions of all employees within the plans. In addition,
recordkeepers are realizing the need to drive down unit
costs by outsourcing plan administration activities while
maintaining control of the overall relationship with their
employer clients. This demand led to the formation of ser-
vice bureaus offering forms processing, call center services,
data management, communications fulfillment, and even
plan administration itself, all in an effort to lower costs by
building economies of scale.
Technologies in the Spotlight
Some of the innovative technologies creating the seamless informa-
tion and communication flows imperative in today’s benefits admin-
istration environment include:
• Customer Relationship Management—CRM is an emerging class
of software that stresses the value of tracking customer informa-
tion at all stages and across all communications channels. The
changing role of consumers, and market forces pushing toward
services integration spurred financial institutions to quickly adopt
CRM technology. In benefits administration, recordkeepers use
CRM systems to track the history of every call center contact or
employee interaction via the web, IVR, or email, with a particular
emphasis on faster resolution of open issues with employees and
real-time information for employers on the use of these communi-
cation channels by employees.
• Extensible Markup Language—HyperText Markup Language
(HTML) tells an Internet browser how to format data on a com-
puter screen. Extensible Markup Language (XML) goes further
by specifying what the information “is,” using terms that a
database can understand. XML “talks to” databases the way
HTML “talks to” browsers—it tells remote databases what the
data is and where to put the information. XML, however, has
significance beyond merely presenting and exchanging database
information with the web. It is also used to create structures for
communicating with legacy systems and to deploy information
on wireless devices. With XML, employees can change informa-
tion on the 401(k) plan’s recordkeeper’s website, bypassing
human resource systems, which today typically require that text
files, along with many other pieces of data, be sent to the
recordkeeper in an update (see Diagram 2). Use of XML pro-
vides an interchange between the employer’s Human Resources
Information System (HRIS) database and the recordkeeper’s
database in real-time, keeping them in sync.
• Knowledge Management—This concept is equal parts business
process reengineering and information systems, and its purpose is
to link structured and unstructured information to a recordkeep-
er’s transactional engine. An employer’s recordkeeper may use
knowledge management to: gather commonly asked employee
questions; manage the images of paper forms; and document ad
hoc communications with employers.
This information is generally held in knowledge repositories that
let employers capture in a user-friendly forum best practices,
experiences, and lessons learned. Using threaded discussions, bul-
letin boards, and integrated support areas, recordkeepers elimi-
nate duplication of work across multiple clients. Efficient forms
imaging/processing systems offer significant cost savings as well.
Several Internet-based solutions allow recordkeepers to scan doc-
uments locally and upload them to a secure storage facility on the
Internet. Indexes of scanned forms then link to the knowledge
repository. Document management systems create a central
repository of electronic files, giving recordkeepers the ability to
“check-in” files from office applications and retain historical ver-
sions of the same document without renaming the document.
• Structure Object Access Protocol—SOAP offers significant advances
in connecting software used in existing websites to a common plat-
form. SOAP enables one application or software object to transact
XML-Enabled Database Reconciliation
Diagram 2
Traditional Database Reconciliation
XML-Enabled Database Reconciliation
HR System
Change of
Address
HR Data
Change of
Address
XML String
"Last Name, SSN, Address"
HR System
Recordkeeping
Application
Recordkeeping
Database
ASCII File*
VPN**
Change of
Address
*ASCII - A basic text format for sharing information between systems
**VPN - Virtual Private Network securely transfers information between systems on the Internet