New definition of leased employee - easier to administer? Not likely for employers in the health care arena

Article Abstract:

The change in the definition of leased employees enacted under the Small Business Job Protection Act of 1996 was intended to offer simplification, but health care employers will find that the law, coupled with Health Care Financing Administration (HCFA) rule changes, will complicate classification. The Act replaced the much-criticized "historically performed" test with a "primary direction and control" standard, but guidance on the new standard's application is limited. The HCFA rules appear to apply leased employee and common-law employee tests in a contradictory manner.

Health Care, Health Care and Social Assistance, HEALTH SERVICES, Employment Placement Agencies, Employee Leasing Svcs, Help supply services, Taxation, Health care industry, Medical care, Employment services, Professional employer organizations

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Third Circuit holds that Curtiss-Wright Corp. properly delegated authority to amend retiree health plan and correctly implemented the amendment

Article Abstract:

An amendment properly implemented of a retiree health plan which was made by a delegated authority was held proper by the US 3d Circuit Court of Appeals in Schoonejongen v. Curtiss-Wright Corp. ERISA plan amendments are allowable where an amendment procedure exists which includes identification of persons with amending authority. Over 14 years of litigation should warn plan administrators to follow proper written procedures.

Employee Benefits & Services, Insurance Mgmt-Health, Management, Human resource management, Health insurance

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