On-The-Job Benefits
This chapter is devoted to discussing ways to avoid many problems regarding
employee benefits. Areas of discussion include an analysis of the important
points of COBRA, ERISA, health insurance and related laws as well as employer
provided perks such as meals, vacations and transportation benefits. Helpful
suggestions are offered in areas where problems often occur and the strategies
contained herein can often help you avoid such problems.
The complexity of employee benefits law is well established. New cases are constantly being decided and statutory developments implemented which have an impact on particular plans and practices. It is critical that you constantly update and evaluate the effect of these legal developments on your own health and benefits plans.
One area in particular retiree health care benefits and successor benefits (when a person leaves a company to work in a new job)has raised numerous problems. An employer's obligation to provide post-termination or retirement health benefits largely turns on whether those benefits are actually vested at the time of leaving. When workers change jobs, it is often unclear whether the old or new employer is obligated under COBRA to provide insurance to cover a pre-existing ailment. Current law has not definitely answered the variety of problems and questions that arise in this areafor example, which employer's plan provides primary insurance and which provides secondary insurance after the first pays off? What about workers who are not sure they have a pre-existing condition but still want to retain continuation coverage under COBRA? And, if the new plan doesn't address a condition the old plan covered, can the worker continue the old plan? These and other questions typify current confusion in many areas of employee benefits which can only be resolved over time.
Keeping abreast of changing laws and regulations can ensure that your company is acting properly with respect to the administration and maintenance of employee benefits and plans. Claims for employee benefits are typically covered under federal Employee Retirement Income Security Act (ERISA) law; violations by company and/or plan administrators entrusted to deliver these benefits can be quite expensive.
A. Flexibility to Alter Benefits
B. Meals, Transportation and Related Benefits
C. Common Overtime Problems
D. Employee Suggestions and Inventions
E. COBRA Developments
F. Health Benefits of Employees with AIDS
G. ERISA Concerns
H. Tuition Assistance
I. Potpourri of Concerns
