The Changing Color of Leaves. . . College Football. . . and Open Enrollment Concerns

iStock_fall leaves.JPGFall is here.  Kids are back at school.  Leaves are turning red and orange.  College football is underway.  However, for the HR professional, the arrival of Fall means the start of open enrollment for benefit plans.  Below is money- and time-saving regulatory guidance to consider before, during, and after your open enrollment period for your employee benefit plans. 

Prepare

            To prepare for the open enrollment period, sit down and develop a plan.  The plan should include the dates for the enrollment period, what resources are at your disposal and how to allocate them.  Work with your service providers to see what types of resources they have to assist you.  Develop a checklist that contains all of the tasks relating to open enrollment and the due dates for such tasks.  Take into consideration how long it will take to train any staff members that may have to answer benefits-related questions from employees.

Communicate Effectively 

            Communication is always an important part of HR’s job and is even more important during open enrollment.  Consider having open enrollment meetings to communicate all the healthcare reform changes to employees.  Try to notify employees of open enrollment meetings 3-4 weeks prior to the date of the meetings.  Schedule the meetings so that the you have time to submit enrollment changes to insurance providers and verify that employees are appropriately enrolled in their chosen benefits.  You may want to have benefit providers present for individual employee meetings.  In addition, provide enrollment kits to employees that provide comprehensive information about the benefits and their portion of the cost. Be sure to provide employees with an adequate time frame that they can review all of the materials and consult with family members in order to make decisions regarding their benefits.

 

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Think Your Employee's Divorce is a Sham to Get at Retirement Benefits? Don't Out-Think Yourself

On Monday, the Fifth Circuit issued its opinion in Brown v. Continental Airlines, Inc., 2011 WL 2780505 (5th Cir.), a rather unusual case addressing what a plan administrator’s obligations are with respect to a Qualified Domestic Relations Order (QDRO) when the plan administrator thinks the underlying divorce that produced the order was a sham.

Plan administrators should take note: 

When it Comes to QDROs, Don’t Out-Think Yourself, Even if You Believe The Employee Faked a Divorce

In Brown, Continental alleged that the wives of nine pilots received lump sum distributions of the pilots’ retirement benefits from Continental's defined benefit plan by entering into fraudulent divorces where the couples continued to live together and then remarried once the plan paid out benefits.  The wives were able to obtain these lump sum distributions because the plan provided that an ex-spouse to whom benefits are assigned can elect to receive the same in lump sum form, provided that the participant was at least 50 years old (even if the participant was still working, which was the case for all of the pilots at issue).

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