Guidance on FASB Multiemployer Plan Disclosures

January 6th, 2012

Horizon has prepared a BULLETIN to assist employers and their accountants in complying with the FASB’s new disclosure requirements related to participation in multiemployer pension plans.

The new standard requires the following disclosures:

1. The amount of employer contributions made to each significant plan and to all plans in the aggregate.

2. An indication of whether the employer’s contributions represent more than five percent of total contributions to the plan.

3. An indication of which plans, if any, are subject to a funding improvement plan or rehabilitation plan.

4. The expiration date(s) of the collective bargaining agreement(s) and any minimum funding arrangements.

5.The most recent certified funded status of the plan, as determined by the plan’s “zone status” under the Pension Protection Act of 2006. If the “zone status” is not available, an employer will be required to disclose whether the plan is less than 65% funded, between 65% funded and 80% funded, or at least 80% funded.

The new disclosure requirements will be required for fiscal years ending after December 15, 2011 for publicly-traded companies.  For non-publicly traded companies, the new disclosure requirements will be required for fiscal years ending after December 15, 2012.

The information required in the new disclosures can generally be found in the employer’s own records, notices that the multiemployer plans were required to send to the employer, and publicly available Form 5500 information filed by the plans.  Therefore, complying with the new requirement will hopefully not pose a significant burden for most employers.

The above and the Horizon bulletin are not presented as specific legal or accounting advice for any particular plan, employer, or accountant.

HHS, DOL, and Treasury Release FAQ on Summary Benefits Coverage

November 17th, 2011

The following is a summary of information posted on the DOL website.

The Departments of Health and Human Services (HHS), Labor and the Treasury (the Departments) just released a Frequently Asked Question (FAQ) regarding implementation of the market reform provisions of the Patient Protection and Affordable Care Act (PPACA).  This FAQ answers a question about the timeline of Summary of Benefits and Coverage requirement under PPACA.

Like previously-issued FAQs, this FAQs answer questions from stakeholders to help people understand the new law and benefit from it, as intended.  The Departments anticipate issuing further responses to questions and issuing other guidance in the future.  The question and their answer is reproduced below and can also be found on the DOL website.

Question: On August 22, 2011, the Departments issued proposed regulations and proposed templates in connection with implementation of the Summary of Benefits and Coverage and Uniform Glossary requirements of PHS Act § 2715.  An applicability date “beginning March 23, 2012” was proposed. At the same time, the Departments invited comments generally, as well as on a range of discrete issues, including the timing of the application of the SBC requirement.

My plan anticipates that preparation of the summary of benefits and coverage will take several months and require significant resources. In light of the March 23, 2012 proposed applicability date, we are considering moving forward with implementation of the Summary of Benefits and Coverage requirements, using the proposed rules and templates, but are concerned that the final rules and templates will differ from the proposed rules and templates, which would prompt additional implementation costs. What is the timeline for the issuance of future guidance on the summary of benefits and coverage? What actions should my plan be taking now, if any?

Answer: The Departments received many comments on the proposed regulations and templates and intend to issue, as soon as possible, final regulations that take into account these comments and other stakeholder feedback.

PHS Act section 2715 provides that group health plans and health insurance issuers shall provide the Summary of Benefits and Coverage and Uniform Glossary pursuant to standards developed by the Departments. Accordingly, until final regulations are issued and applicable, plans and issuers are not required to comply with PHS Act section 2715.

It is anticipated that the Departments’ final regulations, once issued, will include an applicability date that gives group health plans and health insurance issuers sufficient time to comply.

Lindey Loftin Featured in NPR’s “All Things Considered”

November 16th, 2011

Lindey Loftin, an actuarial analyst in Horizon’s Washington, DC office, was featured in a recent story by National Public Radio’s (NPR’s) “All Things Considered.”  The story discussed employment (and unemployment) trends among the millenial generation, and it highlighted Lindey as a recent college graduate who chose to enter the actuarial profession.

Below is an excerpt from the story.  The entire piece can be read and listened to on the NPR website.

“Educated and Jobless: What’s Next for Millenials?”

All Things Considered (NPR)

November 12, 2011

The Occupy Wall Street protests in several cities around the country have turned a spotlight on the growing frustration among the millennial generation, a group that has suffered crushing student loan debt and high rates of unemployment.

Lindey Loftin is part of that generation, but the 27-year-old is not unemployed. In fact, she says she loves her job, is well paid and has no college loan debt. Her employer actually paid for a portion of her education.

As an actuarial analyst, Loftin works on data for pensions, and her story raises a lot of questions about the strategy of young, educated job-seekers. Very few students today choose a career the way Loftin did: with cold, calculated, cost-benefit analysis.

Loftin, who plays the cello, told weekends on All Things Considered guest host Jacki Lyden she originally considered going into music education or becoming a performance major.

“But I also knew that I was good in the math field, and I looked into the actuarial profession and saw that, well, that’s a lot better of a chance,” she says. “When I was researching the career as a student, it always ranked high up there: low stress, great pay and good rate of employment.”

According to research from Georgetown University, the actuary field ranks 150th in popularity among 173 fields studied. But, it also ranks No. 1 in employability.

Congratulations, Lindey, on a job well done representing the future of the actuarial profession!

HHS Determines Long-Term Care Program Unsustainable

October 19th, 2011

The Patient Protection and Affordable Care Act (PPACA) created the Community Living Assistance Services and Support (CLASS ACT) program as a way to provide better long-term care insurance options.

However, after 19 months of analysis, HHS has determined that they are not able to implement a financially sustainable, voluntary, self-financed long-term care insurance program.

The October 14, 2011 letter from HHS Secretary Kathleen Sebelius to Congress discussing the findings is posted on the HHS website.

IFEBP 2011 New Orleans: Horizon Speakers

October 5th, 2011

We are pleased to announce that four consultants from Horizon Actuarial will be presenting at the 57th Annual Conference of the International Foundation of Employee Benefits Plans (IFEBP).  The 56th Annual Conference will be held from Sunday, October 30 through Wednesday, November 2, 2011 in New Orleans, Louisiana.

Cary Franklin

Trustees Masters Program

“The Trustees Masters Program is the pinnacle event for advanced level trustee networking and education. It is designed to build on trustees’ existing knowledge base and experience through peer exchange and group exercises over an intensive two days.” Cary will be leading the following sessions during the Program:

  • Using Fund Professionals Wisely (Saturday 9:45 a.m. – 12:00 p.m.)
  • Pension Breakout: Case Studies (Sunday 9:45 a.m. – 12:00 p.m.)
  • Open Issues Forum (Sunday 1:00 a.m. – 3:30 p.m.)

Annual Conference

Session 314-1: Workshop – New FASB Rules and Their Impact (Panelist)
The content for this session is designed to meet intermediate level audience needs. Hear the latest disclosure requirements for participating employers of multiemployer plans. • What do they mean to administrators? • How will timeliness of information be handled? • What information will be disclosed, and what does it mean to creditors? • Explaining it to employers
1 Monday, 1:30 – 2:45 p.m.
2 Tuesday, 1:15 – 2:30 p.m.

Session 503: Can You Make Your Return Assumption? (Co-Speaker)
The content for this session is designed to meet advanced level audience needs. • Are return assumptions too optimistic now? • What comes first: your investment policy or your return assumption? • Why remain at or change a 7.5% return assumption? • What is the risk in attaining these goals? • How do you measure risk? • What risk is appropriate for a benefit fund?
2 Tuesday, 10:30 – 11:45 a.m.

Session P-ACCT2: Dealing with New Disclosures for Multiemployer Plans (Panelist)
(Joint Session With Accountants/Attorneys) • Accounting and auditing pronouncements • FASB update • Withdrawal liability disclosure • Timing and data
1 Tuesday, 7:30 – 8:45 a.m.

Stan Goldfarb

Session 307: Workshop – Unwinding a Plan (Co-Speaker)
The content for this session is designed to meet advanced level audience needs. • Steps to ending a plan • Impact on participating employers; i.e., withdrawal liability or excise tax • Determining whether the plan is subject to partitioning • How to negotiate with PBGC • Mitigating potential lawsuits • Ongoing trustee responsibilities and obligations
1 Monday, 10:45 a.m. – 12:00 p.m.
2 Tuesday, 9:00 – 10:45 a.m.

Jason Russell

Session 503: Can You Make Your Return Assumption? (Co-Speaker)
The content for this session is designed to meet advanced level audience needs. • Are return assumptions too optimistic now? • What comes first: your investment policy or your return assumption? • Why remain at or change a 7.5% return assumption? • What is the risk in attaining these goals? • How do you measure risk? • What risk is appropriate for a benefit fund?
1 Monday, 1:30 – 2:45 p.m.

Session 315: Correcting Funding Shortfalls (Speaker)
The content for this session is designed to meet advanced level audience needs. Whether you are green and potentially headed to yellow or are currently yellow, this session is for you. • Understand the difference between a rehab plan and a funding improvement plan. • Determine your contribution and benefit reduction strategies. • Track your plan’s progress or make modifications. • Explore the results of various approaches through modeling.
1 Monday, 3:00 – 4:15 p.m.
2 Tuesday, 7:30 – 8:45 a.m.

Aruna Vohra

Session 207: Plan Design and Administration Trends in a World Shaped by Health Care Reform (Panelist)
The content for this session is designed to meet basic level audience needs. Hear a panel discuss changes and approaches they have seen in the last year. • What is most prevalent? • What provisions and benefit levels are getting the most attention? • What changes to plan rules, eligibility and access are being made? • What is the status of grandfathering plans? • Learn from others on what they are considering.
1 Tuesday, 2:45 – 4:00 p.m.
2 Wednesday, 7:30 – 8:45 a.m.

IFEBP 2011 New Orleans: Horizon Reception

October 1st, 2011

We are proud to be hosting our fourth annual reception for our clients and friends at the 57th Annual Conference of the International Foundation of Employee Benefit Plans (IFEBP) in New Orleans, Louisiana.

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Fourth Annual IFEBP Reception
Hosted by Horizon Actuarial Services, LLC

Monday October 31, 2011
6:00 pm to 9:00 pm

Musée Conti Wax Museum
917 Rue Conti

Heavy Hors D’oeuvres • Open bar • Live music • Museum Guides

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RSVP to RSVP@horizonactuarial.com

For further information, contact Elizabeth Wagster
615-377-8075 or elizabeth.wagster@horizonactuarial.com

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>> PRINTER-FRIENDLY INVITATION <<

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Proposed Regulations on Uniform Explanation of Coverage under PPACA

August 29th, 2011

On August 17, 2011, the Departments of Labor, Health and Human Services (HHS), and Treasury released proposed regulations regarding the Patient Protection and Affordable Care Act (PPACA) requirement to distribute a uniform explanation of coverage.  The new rules are intended to provide individuals with more useful information to enable them to better understand their options when making coverage and enrollment decisions.

Two New Forms

Under the new rules, health plans will be required to provide their participants with two new forms: (1) an easy-to-understand “Summary of Benefits Coverage” (SBC) and (2) a standard glossary of commonly-used health care plan terminology.  The new rules also require health insurers to provide these forms to their customers.

A notable requirement of the new SBC is that it must include “coverage examples” that describe coverage and cost sharing for certain common health care scenarios.  Currently, the three scenarios required on the SBC are having a baby, treating breast cancer, and managing diabetes.

A template of the SBC can be found on the Department of Labor website.  The four-page uniform glossary of terms that must be provided to all participants can also be found on the Department of Labor website.

Effective Date and Compliance

The new rules will take effect on March 23, 2012, and they will apply to all group health plans, both grandfathered and non-grandfathered.  Health plans must provide these new forms to participants as part of any package of materials that is sent to them prior to their first enrollment in coverage, and 30 days prior to their re-enrollment or renewal of coverage.  They must also provide the new forms upon request, within seven days.

If there is a material modification in any of the terms of the plan that would affect the content of the SBC, the plan must provide notice of the modification to enrollees not later than 60 days prior to the date on which such modification will become effective.

Plans may be imposed a fine of up to $1,000 for each instance of willful non-compliance. In calculating the amount of the penalty, each failure with respect to an individual participant or beneficiary is considered a separate offense.

Public Comment and Where to Get More Information

The proposed regulations are open to public comment through October 21, 2011.  For more information on making comments, refer to the proposed regulations.

A news release regarding the proposed regulations and other information (both regarding the proposed regulations and other aspects of PPACA) can be found on the Department of Labor website.  A fact sheet of the new requirements can be found at HealthCare.gov.

CMS Announces New ERRP Threshold/Limit

August 15th, 2011

The Centers for Medicare & Medicaid Services (CMS) have announced new a Cost Threshold and Cost Limit under the Early Retiree Reinsurance Program (ERRP).  The new Cost Threshold will be $16,000, up from the current level of $15,000.  The new Cost Limit will be $93,000, up from $90,000.  The new Threshold and Limit are effective for plan years beginning on or after October 1, 2011.

The CMS also recently issued new guidance for plans on how to comply with the maintenance of contribution requirement under the ERRP. The guidance provides flexibility in satisfying the requirement, while also helping to ensure that a plan does not violate the prohibition against using ERRP reimbursement as general revenue. To the extent a plan is unable to use the maintenance of contribution approaches described in the new guidance, the plan may demonstrate compliance in other ways, provided that upon audit the plan can demonstrate how its approach is consistent with the ERRP statutory and regulatory requirements.

The guidance identifies the plan years for which a plan must comply with the maintenance of contribution requirement, the costs that are to be used to determine the level of contribution toward the plan, the baseline period that may be used to determine the required contribution level, and various methodologies a plan may utilize to measure the maintenance of contribution. Examples are also provided in the guidance.

Plans participating in ERRP should evaluate their maintenance of contribution approaches in light of this new guidance.

This is a summary of the guidance.  A more detailed explanation can be found on the Towers Watson website.

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Horizon Actuarial Services, LLC is an independent company and is not affiliated with Towers Watson.

HHS Adds New Women’s Services to PPACA

August 12th, 2011

On August 1, 2011, the Department of Health and Human Services (HHS) amended an interim final regulation on the Patient Protection and Affordable Care Act (PPACA) to expand the list of preventative women’s services. The new services were added based on recommendations by the independent Institute of Medicine (IOM), which was commissioned determine what preventive services are necessary for women’s health and well-being.

The new services must be covered without cost-sharing by non-grandfathered health plans, regardless of whether they are insured or self-insured.

The following eight (8) categories of women’s services are now included on the list of mandatory preventive services:

1. well-woman visits
2. gestational diabetes screening
3. HPV DNA testing
4. sexually-transmitted infection counseling
5. HIV screening and counseling
6. FDA-approved contraception methods and contraceptive counseling
7. breastfeeding support, supplies and counseling
8. domestic violence screening and counseling

Non-grandfathered group health plans will need to provide these additional preventive services for plan years beginning on or after August 1, 2012. For calendar year plans, this means compliance is required beginning January 1, 2013.

There will be a cost impact for plans that do not currently cover these services and for plans that currently impose cost sharing on these services or supplies (e.g., contraceptives). In addition, plan documents and SPDs will need to be amended to reflect coverage of these new preventive items and services.

Public comments on this amendment to the preventive service interim final regulation are due October 3, 2011.

This is a summary of the guidance.  A more detailed explanation can be found on the Towers Watson website.

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Horizon Actuarial Services, LLC is an independent company and is not affiliated with Towers Watson.

FASB Reaches Final Decision on Multiemployer Disclosure Rules

July 27th, 2011

In September of 2010, the Financial Accounting Standards Board (FASB) issued an exposure draft proposing new financial disclosure requirements for employers who contribute to multiemployer pension and health plans. The original FASB proposal required the disclosure of a significant amount of information — including an estimate of withdrawal liability — for employers participating in multiemployer pension plans.

At its July 27, 2011 Board meeting, the FASB made its final decision regarding a significantly reduced financial disclosure for employers participating in multiemployer plans.  The revised FASB proposal eliminates the withdrawal liability disclosure and all disclosures for retiree health and welfare plans, as well as a number of other items that would be extremely burdensome for both employers and the plans to which they contribute. The revised disclosure focuses on contributions to the plans, the plans’ funding zones, and other information that should be available from the employer’s records, eliminating the need to request special calculations and other information from the plan administrators.

The FASB’s July 27, 2011 press release summarizing the final decision regarding multiemployer plan disclosures is posted on the FASB website. A final new accounting standard, documenting the decision reached at the July 27th meeting is expected by mid-September. The new standard will be effective for fiscal years ending after December 15, 2011 for public companies, and one year later for non-public companies.

Beginning last fall, Horizon Actuarial Services worked closely with a coalition of employers, financial statement users, and plan trustees to meet with, and educate, the FASB about the special nature of multiemployer plans and the need for a more workable financial disclosure. The FASB’s decision to simplify the disclosure requirements is a significant victory for multiemployer plans, contributing employers and participating unions.

Please contact your Horizon Actuarial consultant for additional information or if you have any questions.