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The Handbook of Employee Benefits: Health and Group Benefits 7/E
The Handbook of Employee Benefits: Health and Group Benefits 7/E
The Handbook of Employee Benefits: Health and Group Benefits 7/E
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The Handbook of Employee Benefits: Health and Group Benefits 7/E

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The essential resource for designing and implementing employee benefits—bringing you up to date on critical new industry changes

For nearly three decades, HR professionals and consultants have depended on The Handbook of Employee Benefits for authoritative answers to their questions about designing and implementing competitive employee benefits packages.

Covering everything from general objectives to costs, this classic reference brings you up to date on critical changes driven by legislative developments, such as the new health-care reform law enacted by the passing of the Patient Protection and Affordable Care Act.

The seventh edition of The Handbook of Employee Benefits features the knowledge and insights of the leading scholars and practitioners in the field. Filled with new and updated information and real-world examples, this edition focuses on health and group benefits:

  • Health Benefits: health-care reform’s impact on employee benefits, new approaches to cost containment, how to access quality care, consumer-driven health-care plan designs along with dental, behavioral, prescription, and long-term care programs
  • Life Insurance: group term, universal life, and corporate-owned life programs
  • Work/Life Programs: traditional time off and family leave, child and elder care, and assistance for education, financial planning, and voluntary benefits
  • Social Insurance Programs: Social Security, Medicare, and workers’ and unemployment compensation programs
  • Group and Health Benefit Plan Financial Management: federal tax laws, funding health benefit plans—insured, self-funded, and captive arrangements
  • Employee Benefit Administration: flexible benefit plans, fiduciary liability issues, and communications
  • Issues of Special Interest: retiree welfare benefits, small company benefits, multiemployer plans, and international employee benefit planning

An innovative, efficient employee benefit program has become one of the primary prerequisites to success in today’s lean business battleground. The Handbook of Employee Benefits provides the knowledge and tools you need to create plans that benefit the greatest number of employees, while allowing employers to maintain fiscal integrity and competitive advantage.

LanguageEnglish
Release dateJun 17, 2011
ISBN9780071763097
The Handbook of Employee Benefits: Health and Group Benefits 7/E

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The Handbook of Employee Benefits - Jerry S. Rosenbloom

THE HANDBOOK OF EMPLOYEE BENEFITS

THE HANDBOOK OF EMPLOYEE BENEFITS: Health and Group Benefits

SEVENTH EDITION

Jerry S. Rosenbloom, Ph.D.

Editor

Copyright © 2011, 2005, 2001, 1996, 1992, 1988, 1984 by The McGraw-Hill Companies, Inc. All rights reserved. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher.

ISBN: 978-0-07-176309-7

MHID:       0-07-176309-0

The material in this eBook also appears in the print version of this title: ISBN: 978-0-07-174598-7, MHID: 0-07-174598-X.

All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps.

McGraw-Hill eBooks are available at special quantity discounts to use as premiums and sales promotions, or for use in corporate training programs. To contact a representative please e-mail us at bulksales@mcgraw-hill.com.

This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that neither the author nor the publisher is engaged in rendering legal, accounting, securities trading, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

From a Declaration of Principles Jointly Adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations

TERMS OF USE

This is a copyrighted work and The McGraw-Hill Companies, Inc. (McGraw-Hill) and its licensors reserve all rights in and to the work. Use of this work is subject to these terms. Except as permitted under the Copyright Act of 1976 and the right to store and retrieve one copy of the work, you may not decompile, disassemble, reverse engineer, reproduce, modify, create derivative works based upon, transmit, distribute, disseminate, sell, publish or sublicense the work or any part of it without McGraw-Hill’s prior consent. You may use the work for your own noncommercial and personal use; any other use of the work is strictly prohibited. Your right to use the work may be terminated if you fail to comply with these terms.

THE WORK IS PROVIDED AS IS. McGRAW-HILL AND ITS LICENSORS MAKE NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM USING THE WORK, INCLUDING ANY INFORMATION THAT CAN BE ACCESSED THROUGH THE WORK VIA HYPERLINK OR OTHERWISE, AND EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. McGraw-Hill and its licensors do not warrant or guarantee that the functions contained in the work will meet your requirements or that its operation will be uninterrupted or error free. Neither McGraw-Hill nor its licensors shall be liable to you or anyone else for any inaccuracy, error or omission, regardless of cause, in the work or for any damages resulting there from. McGraw-Hill has no responsibility for the content of any information accessed through the work. Under no circumstances shall McGraw-Hill and/or its licensors be liable for any indirect, incidental, special, punitive, consequential or similar damages that result from the use of or inability to use the work, even if any of them has been advised of the possibility of such damages. This limitation of liability shall apply to any claim or cause whatsoever whether such claim or cause arises in contract, tort or otherwise.

To Lynn, Debra, Heather and Amy

BRIEF CONTENTS

Preface

Contributing Authors

PART ONE

THE ENVIRONMENT OF EMPLOYEE BENEFIT PLANS

1 The Environment of Employee Benefit Plans

Jerry S. Rosenbloom

2 Functional Approach to Designing and Evaluating Employee Benefits

G. Victor Hallman III

3 Risk Concepts and Employee Benefit Planning

Gary K. Stone

PART TWO

MEDICAL AND OTHER HEALTH BENEFITS

4 Health Plan Evolution

Dennis F. Mahoney

5 Health Care Cost Containment: Demand-Side Approaches

David Harvey

6 Managing and Measuring Care Management Intervention Programs

Ian Duncan

7 Consumer-Driven Health Plans

Diane S. Luedtke

8 Understanding Behavioral Health Care Benefits

Edward Jones, Ann McClanathan, Dagmar King and Diane S. Luedtke

9 Health Care Quality: Are We Getting Our Money’s Worth?

William J. Mayer

10 Pharmacy Benefits

Craig S. Stern

11 Dental Plan Design

Ronald L. Huling

12 Longterm Care Insurance

Jan McFarland

13 Disability Income Benefits

John S. Roberts and Mark A. Andruss

PART THREE

LIFE INSURANCE BENEFITS

14 Group Life Insurance

William H. Rabel and Jerry S. Rosenbloom

15 Business Uses of Life Insurance

Susan Conant

PART FOUR

WORK/LIFE BENEFITS

16 Time-Off Benefits and Family and Medical Leave Programs

Serafina Maniaci

17 Dependent Care Programs

Ann Costello

18 Selected Additional Benefits: Educational Assistance Programs, Group Legal Services Plans, Qualified Transportation Fringe Benefits, and Voluntary Benefits

Craig J. Davidson

19 Financial Planning as an Employee Benefit

Robert T. LeClair

PART FIVE

SOCIAL INSURANCE PROGRAMS

20 Social Security and Medicare: Focus on Disability, Survivorship, and Medicare Provisions

Robert J. Myers

21 Medicare Part D Prescription Drug Benefits

Craig S. Stern

22 Workers’ Compensation

John F. Burton, Jr.

23 Unemployment Compensation

US Department of Labor, Office of Unemployment Insurance, Division of Legislation

PART SIX

EMPLOYEE BENEFIT PLAN ADMINISTRATION

24 Strategic Benefit Plan Management

Dennis F. Mahoney

25 Cafeteria Plan Design and Administration

Amy L. Cavanaugh

26 Fiduciary Liability Issues Under ERISA

Alan P. Cleveland

27 Employee Benefits Communications

Serafina Maniaci

PART SEVEN

GROUP AND HEALTH BENEFIT PLAN FINANCIAL MANAGEMENT

28 Federal Tax Law Requirements for Group Welfare Benefit Plans

Everett T. Allen, Jr.

29 Funding Health Benefits: Insured Arrangements

Richard L. Tewksbury, Jr.

30 Funding Health Benefits: Self-Funded and Captive Arrangements

Richard L. Tewksbury and Timothy J. Luedtke

PART EIGHT

EMPLOYEE BENEFIT PLAN ISSUES

31 Welfare Benefits for Retirees

Richard Ostuw and Stuart H. Alden

32 Employee Benefit Plans for Small Companies

Ronald I. Woodmansee

33 Multiemployer Plans

David Blumenstein

34 Global Employee Benefits

Mark S. Allen and Tony R. Broomhead

INDEX

CONTENTS

Preface

Contributing Authors

PART ONE

THE ENVIRONMENT OF EMPLOYEE BENEFIT PLANS

Chapter 1

The Environment of Employee Benefit Plans

Employee Benefits Defined

Reasons for the Growth of Employee Benefit Plans

Group Technique

Overall Employee Benefit Concerns

Chapter 2

Functional Approach to Designing and Evaluating Employee Benefits

The Functional Approach in Concept

Need for the Functional Approach

Consistency with an Employer’s Total Compensation Philosophy

Application of the Functional Approach

Chapter 3

Risk Concepts and Employee Benefit Planning

Risk and Employee Benefits

Insurance and Insurable Risk

Summary

PART TWO

MEDICAL AND OTHER HEALTH BENEFITS

Chapter 4

Health Plan Evolution

The Early Origins of Medical Plans

The Evolution of Hospital/Medical Plan Designs

Managed Care Plan Designs: The Predominant Structures

Variations in Plan Design

Underwriting and Funding Approaches

Experience Rating

Provider Reimbursement Approaches

Developing a Health Care Strategy

Summary and Conclusions

Bibliography

Appendix 4.1 Health Care Cost Equation

Appendix 4.2 Vision Care and Hearing Care Plans

Chapter 5

Health Care Cost Containment: Demand-Side Approaches

Background

Wellness Programs

Disease Management

Value-Based Benefit Design

Predictive Modeling

Conclusion

Chapter 6

Managing and Measuring Care Management Intervention Programs

Background

Types of Care Management Interventions

Return on Investment in Intervention Programs

Economics of Care Management

Planning an Intervention Program Using the Value Chain

Measuring Care Management Savings Outcomes

An Actuarial Methodology for Assessing Savings

Implications for the Future

Appendix 6.1 Technical Aspects

Chapter 7

Consumer-Driven Health Plans

Why Consumer-Driven Health Care?

Key Components

Plan Design Basics

Individually Controlled Health Accounts

Other Plan Design Considerations

Price and Quality Transparency

Communications and Information

Popularity and Growth

Experience and Effectiveness

Conclusion

Appendix 7.1 Consumer-Driven Health Plans: Popularity and Growth

Chapter 8

Understanding Behavioral Health Care Benefits

Behavioral Health Care

History and Industry Overview

Psychotropic Medication Management

Mental Health Parity

The Behavioral Health Care Market Today

Behavioral Health Care Benefit Plans

Behavioral Health Care Benefit Plan Designs

Employee Assistance Programs

How Behavioral Health Benefits Work Together

Behavioral Health Providers

Behavioral Provider Payment Arrangements

Care Management and Cost Control

MBHO Accreditation

Future Developments in Behavioral Health Care

Conclusion

Chapter 9

Health Care Quality: Are We Getting Our Money’s Worth?

Is Quality of Care Important?

Defining Quality

Evaluating Quality

Improving Quality

Conclusion

Chapter 10

Pharmacy Benefits

Prescription Drug Plans

Conclusion

Appendix 10.1 Definitions

Appendix 10.2 Pharmaceutical Pricing

Appendix 10.3 Medication Equivalence

Appendix 10.4 Specialty/Biotechnology Medications and Their Place in Prescription Drug Plans

Chapter 11

Dental Plan Design

Differences Between Medicine and Dentistry Drive Plan Design

Providers of Dental Benefits

Covered Dental Expenses

Types of Plans

Orthodontic Expenses

Implantology and Its Services

Factors Affecting the Cost of the Dental Plan

Technology and Dental Plan Design

Chapter 12

Longterm Care Insurance

Definition of Longterm Care

Why LTC is an Important Issue

LTC Insurance as an Employee Benefit

Employer Decisions

LTC Plan Design

LTC Pricing

Other LTC Contract Provisions

LTC Insurance Financing

LTC Enrollment

LTC Upgrades and Transfers

LTC Claims Adjudication

LTC Regulation

Consumer Protection Provisions

Health Care Reform and LTC

Chapter 13

Disability Income Benefits

Disability Risk

Early History

The Modern Era of Disability Income Benefits

Types of Disability Income in the Public and Private Sectors

Summary

PART THREE

LIFE INSURANCE BENEFITS

Chapter 14

Group Life Insurance

Group Mechanism

Group Life Insurance

Permanent Forms of Group Life Insurance

Group Paid-Up Life Insurance

Level-Premium Group Permanent Life Insurance

Retired-Lives Reserve

Accidental Death and Dismemberment Insurance

Supplemental Group Life Insurance

Group Carve-Out Plans

Group Universal Life (GUL) Plans

Chapter 15

Business Uses of Life Insurance

Life Insurance Benefits for Employees

Life Insurance Benefits for Retirees

Life Insurance for Executives

Insurance for Business Continuation Arrangements

Appendix 15.1 Permanent Life Insurance Plans and Features

Appendix 15.2 Universal Life Insurance Programs

PART FOUR

WORK/LIFE BENEFITS

Chapter 16

Time-Off Benefits and Family and Medical Leave Programs

Paid Leave Time

Paid Time-Off Plans

Miscellaneous Paid Leave Time

Extended Leaves of Absences

Summary

Appendix 16.1 FLSA-Exempt and Nonexempt Workers

Appendix 16.2 Guidelines for the Term Serious Health Condition Under the Family and Medical Leave Act

Chapter 17

Dependent Care Programs

Employee Problem

Challenge for Employer

Types of Employee Dependent Care Benefits

Tax Policy

Employer Objectives

Issues

Design of Benefits

Conclusion

Chapter 18

Selected Additional Benefits: Educational Assistance Programs, Group Legal Services Plans, Qualified Transportation Fringe Benefits, and Voluntary Benefits

Educational Assistance Programs (Section 127 Plans)

Job-Related Versus Nonjob-Related Educational Assistance

Overview and History of Educational Assistance Programs

Definition and Administration of an Educational Assistance Program

Summary

Group Legal Services Plans

Legislative Basis for Group Legal Services Plans

Definition of a Group Legal Services Plan

Group Legal Services Plans as an Employee Benefit

Design, Funding, and Administration

Administration

Selecting an Attorney Panel

Summary

Qualified Transportation Fringe Benefits

Commuter Vehicle Transportation

Qualified Parking

The Benefit Coordination Rule

Reporting and Disclosure Requirements

Summary

Voluntary Benefits

Advantages of Voluntary Benefits

Types of Voluntary Benefits

Legal Compliance

Summary

Chapter 19

Financial Planning as an Employee Benefit

Financial Planning

Financial Planning as an Employee Benefit

Conclusion

PART FIVE

SOCIAL INSURANCE PROGRAMS

Chapter 20

Social Security and Medicare: Focus on Disability, Survivorship, and Medicare Provisions

Disability Benefits

Survivor Benefits

Medicare Program

Medicaid

Chapter 21

Medicare Part D Prescription Drug Benefits

Enrollment

Creditable Coverage

Low-Income-Subsidy Beneficiaries

Incentives for Employer to Participate

Employer Group Waiver Plan

Standard Benefit Design

True Out-of-Pocket Cost

Catastrophic Coverage

Low-Income Benefit Design

Medigap Insurance

Pharmacy Network Contracting

Formularies and Part D

Electronic Prescribing

Medication Therapy Management

Impact of Skilled Nursing Facilities, Nursing Facilities, and Longterm Care

Quality Measures

Audit Issues

Coordination-of-Benefits Issues

FWA Programs and the PERM Initiative

Conclusion

Appendix 21.1 Part D Cost Projections

Appendix 21.2 Beneficiary Communications

Appendix 21.3 Prescription Drug Events

Appendix 21.4 MIPPA Part D Changes

Appendix 21.5 Details of Drug Coverage in Part D Formularies

Appendix 21.6 Quality Measures In Part D

Appendix 21.7 Drug Categories Covered Under Medicare Part B

Chapter 22

Workers’ Compensation

History

Coverage of Employees and Employers

Coverage of Injuries and Diseases

Medical Care and Rehabilitation Services

Cash Benefits

Financing of Benefits

Workplace Safety and Health

Administration of Workers’ Compensation

Recent Developments and Continuing Challenges

Bibliography

Appendix 22.1 Calculating Insurance Premiums

Bibliography

Chapter 23

Unemployment Compensation

The Basic System

Financing the Program

Coverage

Benefit Rights

Other Benefit Programs

PART SIX

EMPLOYEE BENEFIT PLAN ADMINISTRATION

Chapter 24

Strategic Benefit Plan Management

Focus of Benefits Management Activity

The Outsourcing Alternative

Summary and Conclusions

Bibliography

Chapter 25

Cafeteria Plan Design and Administration

Cafeteria Plans in General

Advantages and Disadvantages of Cafeteria Plans

Types of Cafeteria Plans

Plan Design

Governing Law

Historical Evolution of Cafeteria Plans

General Legal Requirements

Contributions and Benefit Elections

Employer-Provided Accident and Health Plan

Group Term Life Insurance

Health Care Flexible Spending Account

Michelle’s Law

Dependent Care Assistance

Paid Time Off

401(k) Contributions

Adoption Assistance

Health Savings Accounts

Cash

Plan Administration

ERISA

HIPAA Coordination

Summary Plan Description and Plan Communication

Conclusion

Chapter 26

Fiduciary Liability Issues Under ERISA

Fiduciary Duties Under the Common Law of Trusts

Exclusive Benefit Rule Under the Internal Revenue Code

Fiduciary Standards Under ERISA

Who is a Fiduciary?

Liability for Fiduciary Breaches Under ERISA

Allocation of Fiduciary Responsibilities

Summary

Chapter 27

Employee Benefits Communications

Objectives of Employee Benefits Communications

Mandatory Disclosure Requirements

Educating Employees

Employer Objectives

Summary

Appendix 27.1 Key Reporting and Disclosure Requirements of the Patient Protection and Affordable Care Act of 2010

PART SEVEN

GROUP AND HEALTH BENEFIT PLAN FINANCIAL MANAGEMENT

Chapter 28

Federal Tax Law Requirements for Group Welfare Benefit Plans

General Tax Law Requirements

Section 79—Group Life Insurance

Section 105(h)—Employer Health Plans

Section 125—Cafeteria Plans

Section 505—Voluntary Employees’ Beneficiary Associations

Section 4980B—COBRA Health Care Coverage Continuation

Taxation of Contributions and Benefits

Chapter 29

Funding Health Benefits: Insured Arrangements

Conventional Insurance Arrangements

Alternative Funding Arrangements

Insured Alternative Funding Arrangements

Short- and Longterm Implications of 2010 Health Care Reform Legislation

Conclusion

Chapter 30

Funding Health Benefits: Self-Funded and Captive Arrangements

Noninsured (Self-Funding) Arrangements

Captive Insurance

Conclusion

PART EIGHT

EMPLOYEE BENEFIT PLAN ISSUES

Chapter 31

Welfare Benefits for Retirees

Current Trends and Issues

Life Insurance

Health Care Benefits

The Changing Nature of the Promise

Financing

Legal Issues

Chapter 32

Employee Benefit Plans For Small Companies

Medical Insurance

Disability Income Insurance

Group Life and AD&D Insurance

Group Dental Insurance

Cafeteria Plans

Communication of Small-Plan Benefits

Conclusion

Chapter 33

Multiemployer Plans

Origins and Philosophy

Growth and Prevalence

Industries

Regulation and Oversight

Establishing a Multiemployer Plan

Funding

Benefits Determinations

Advantages for Employers

Advantages for Workers

The Future of Multiemployer Plans

Conclusion

Bibliography

Chapter 34

Global Employee Benefits

Background Considerations

Understanding the Local Environment

Global Benefit Objectives and Plan Design

Administration and Financial Management of International Benefit Plans

Summary

PREFACE

Much has taken place in the employee benefits field since the publication of the sixth edition of The Handbook of Employee Benefits in 2005. The seventh edition has been modified and updated to reflect major new pieces of legislation, dramatic changes in health care delivery, as demonstrated by the enactment in 2010 of the Patient Protection and Affordable Care Act as amended by the Health Care and Reconciliation Act, and the development and implementation of many new employee benefit concepts. This edition of the Handbook recognizes these changes and concentrates on the health and group benefits side of employee benefits.

The chapters that remain from the previous edition have been updated to incorporate legislative and other changes in the field, and several have been expanded to include new topic areas. Chapters have been added covering new and emerging areas in employee benefits. These new chapters include Health Care Cost Containment: Demand-Side Approaches; Managing and Measuring Care Management Intervention Programs; Pharmacy Benefits; Medicare Part D Prescription Drug Benefits; Funding Health Benefits: Self-Funded Arrangements and Captive Insurance Arrangements; Employee Benefit Plans for Small Companies; and Multiemployer Plans.

These changes reemphasize the basic premise that employee benefits can no longer be considered fringe benefits but must be regarded as an integral and extremely important component of an individual’s financial security. A recent Bureau of Labor Statistics report on employee benefits indicates that, on average, employee benefits account for over 30 percent of a worker’s total compensation. In light of the ever-increasing importance of benefit plans, those dealing with them must be well versed in the objectives, design, costing, funding, implementation, and administration of such plans.

While The Handbook of Employee Benefits is intended for students in the benefits field and for professionals as a handy reference, it can serve as a valuable tool for anyone with an interest in the field in general or in a specific employee benefit topic. The Handbook can be used as a reference work for benefit professionals or as a textbook for college courses, and for professional education and company training programs. Each chapter of the Handbook stands alone and is complete in itself. While this produces some overlap in certain areas, in many cases it eliminates the need to refer to other chapters while providing important reinforcement of difficult concepts.

The chapters of the Handbook are structured into eight parts, each covering a major component of the employee benefit planning process:

Part One: The Environment of Employee Benefit Plans

Part Two: Medical and Other Health Benefits

Part Three: Life Insurance Benefits

Part Four: Work/Life Benefits

Part Five: Social Insurance Programs

Part Six: Employee Benefit Plan Administration

Part Seven: Group and Health Benefit Plan Financial Management

Part Eight: Employee Benefit Plan Issues

The Handbook consists of 34 chapters written by distinguished authorities—academics, actuaries, attorneys, consultants, human resources professionals, and other benefit experts—covering all areas of the health and group benefits field. Their practical experience and breadth of knowledge provide insightful coverage of the employee benefits mechanism, and the examples and case studies presented throughout the Handbook illustrate the concepts presented.

In such a massive project, many people provided invaluable assistance, and it would be impossible to mention them all here. Special thanks must be extended, however, to the authors of the individual chapters for the outstanding coverage of their subject areas in a comprehensive and readable manner. Appreciation also must go to Diana Krigelman, who has been involved in the previous six editions and has spent many hours on all aspects of this manuscript. I would like to extend a grateful thanks to Fina Maniaci and Dennis F. Mahoney, who work with me in the Certified Employee Benefit Specialist (CEBS) Program, for their dedicated work in reviewing the entire manuscript and their many helpful comments. Thanks are also due to Diane Luedtke, who provided valuable guidance and insight throughout the manuscript development process.

In a work of this magnitude, it is almost inevitable that some mistakes may have escaped the eyes of the many reviewers of the manuscript. For these oversights I accept full responsibility and ask the reader’s indulgence.

Jerry S. Rosenbloom

CONTRIBUTING AUTHORS

Stuart H. Alden, FSA, MAAA, FCA, Director of Actuarial Practice, Towers Watson

Mark S. Allen, Vice President of Global Benefits, TE Connectivity Ltd.. E-mail: mark.s.allen@te.com

Everett T. Allen, Jr., Vice President and Principal, Towers Perrin (deceased)

Mark A. Andruss, Vice President, Assurant Employee Benefits. E-mail: mark.andruss@assurant.com

David Blumenstein, Senior Vice President and National Director, Multiemployer Consulting, The Segal Company. E-mail: dblumenstein@segalco.com

Tony R. Broomhead, FIA, ASA, Director, International Consulting Group, Towers Watson. E-mail: tony.broomhead@towerswatson.com

John F. Burton, Jr., Professor, School of Management and Labor Relations, Rutgers: The State University of New Jersey. E-mail: jfburtonjr@aol.com (www.workerscompresources.com)

Amy L. Cavanaugh, CPC, QPA, QKA

Alan P. Cleveland, Esq., Sheenan, Phinney, Bass & Green. E-mail: acleveland@sheehan.com

Susan Conant, FLMI, CEBS, Senior Associate, Education & Training Division, LOMA

Ann Costello, Ph.D., Associate Professor, Department of Economics, Finance, and Insurance, Barney School of Business, University of Hartford. E-mail: acostello@hartford.edu

Craig J. Davidson, CEBS, Principal, Davidson Marketing Group, LLC; Lecturer, University of Wisconsin, Milwaukee. E-mail: craigd@davidsonmarketing.com

Ian Duncan, FSA, FIA, FCIA, MAAA, President, Solucia Consulting, a SCIOinspire Company. E-mail: iduncan@soluciaconsulting.com

G. Victor Hallman III, Ph.D., J.D., CPCU, CLU, Lecturer in Financial and Estate Planning, Department of Insurance and Risk Management, The Wharton School, University of Pennsylvania

David Harvey, Sales Associate, International Foundation of Employee Benefit Plans. E-mail: davidh@ifebp.org

Ronald L. Huling, PRM Consulting. E-mail: ron.huling@prmconsulting.com

Edward Jones, Ph.D., Executive Vice President Value Options

Dagmar King

Robert T. LeClair, Ph.D., Associate Professor, Finance Department, College of Commerce and Finance, Villanova University. E-mail: leclairr@msn.com

Diane Luedtke, FSA, CLU, Principal and Consulting Actuary, Navigator Benefit Solutions, LLC. E-mail: d.luedtke@navben.us

Timothy Luedtke, FSA, MAAA, CFA, Principal and Consulting Actuary, Navigator Benefit Solutions, LLC. E-mail: t.luedtke@navben.us

Dennis F. Mahoney, MS, CEBS, CFP®, Director, Wharton Executive Education, Certified Employee Benefit Specialist (CEBS) Program, The Wharton School, University of Pennsylvania. E-mail: mahoneyd@wharton.upenn.edu

Serafina Maniaci, MS, CEBS, Certified Employee Benefit Specialist (CEBS) Program, The Wharton School, University of Pennsylvania

William J. Mayer, MD, MPH, Vice President, Chief Quality Officer, Bronson Healthcare Group. E-mail: williamjmayer@gmail.com

Ann McClanathan

Jan McFarland, Director of LTC Marketing & Communications, John Hancock Financial Services. E-mail: jmcfarland@jhancock.com

Robert J. Myers, LLD, FSA, Professor Emeritus, Temple University, Chief Actuary, Social Security Administration, 1947–1970; Deputy Commissioner, Social Security Administration, 1981–1982; and Executive Director, National Commission on Social Security Reform, 1982–1983 (deceased)

Richard Ostuw, FSA, Towers Watson

William H. Rabel, Ph.D., FLMI, CLU, John & Mary Louise Loftis Bickley Endowed Teaching Chair in Insurance & Financial Services, The University of Alabama

John S. Roberts, CLU, President and CEO, Assurant Employee Benefits. E-mail: john.roberts@assurant.com

Jerry S. Rosenbloom, Ph.D., CLU, CPCU, Frederick H. Ecker Emeritus Professor of Insurance and Risk Management, Department of Insurance and Risk Management; and Academic Director, Certified Employee Benefit Specialist (CEBS) Program, The Wharton School, University of Pennsylvania

Craig S. Stern, PharmD, MBA, President, ProPharma Pharmaceutical Consultants, Inc. E-mail: craig.stern@propharmaconsultants.com (www.ProPharmaConsultants.com)

Gary K. Stone, Ph.D., CLU, ChFC, Executive Vice President, The American College (retired). E-mail: stoneg@msu.edu

Richard L. Tewksbury, Jr., CLU, TRION Group. E-mail: rtewksbury@trion.com

Ronald L. Woodmansee, CLU, CEBS, MSFS, Woodmansee & Co. E-mail: woody@woodmanseeandco.com

PART ONE

The Environment of Employee Benefit Plans

In the United States employee benefits constitute a major component of an employee’s financial and economic security. Such benefits have gone from being considered fringe benefits to constituting as much as 35 percent or more of an employee’s compensation. This being the case, it is easy to see why these benefits and the plans under which they are provided are a major concern of employers and employees alike.

Individuals responsible for the design, pricing, selling, and administration of employee benefits carry a broad range of responsibilities, and the role of the benefits professional has changed rapidly and radically in the past 25 years. During that period, the number of employee benefits has virtually exploded, with expansion occurring in many of the more traditional benefits and with the addition of totally new forms of benefits. The passage of the Patient Protection and Affordable Care Act (PPACA) raised many new questions and issues for all those involved in every aspect of employee benefit plans.

Part One of the Handbook is concerned with the environment in which employee benefit plans are designed and operated. Chapter 1 considers many important design issues. Chapter 2 extends the discussion of employee benefit plan design concepts by looking at the functional approach to designing and evaluating employee benefits. The functional approach provides a framework for various strategies used to consider benefits on a risk-by-risk basis and as a part of total compensation. Chapter 3 considers some of the risk and insurance concepts inherent in many approaches to employee benefit planning and lays the foundation for many of the concepts used throughout the Handbook.

CHAPTER 1

The Environment of Employee Benefit Plans

Jerry S. Rosenbloom

In the United States, employee benefits are an extremely important part of an employee’s financial security. Once considered to be fringe benefits because of their relatively small magnitude, this cannot be said today of employee benefits, which may account for over 35 percent of an individual’s total compensation. In many firms, that percentage is even higher. Furthermore, many new types of employee benefits have come onto the scene in recent years as employers compete for a talented workforce, and benefits have become much more of a strategic consideration for many firms. Moreover, with the passage of the Patient Protection and Affordable Care Act (PPACA) on March 23, 2010, many new questions for employee benefit plans, particularly in the health care area, have and will continue to emerge. To ensure that both employers and employees utilize employee benefit plans in the most effective manner requires a thorough knowledge of all aspects of benefit plan design, funding, and administration, including communications.

This chapter gives the necessary background for the rest of the volume by outlining what employee benefits are, the reasons for their growth, what they are intended to achieve from both the employer and employee perspectives, and what makes such plans work.

EMPLOYEE BENEFITS DEFINED

Employee benefits are a part of almost every employee’s total compensation—that is, all forms of financial returns and tangible services and benefits employees receive as part of an employment relationship.¹

Broad View of Employee Benefits

Many definitions of employee benefits exist, ranging from the broadest to the most narrow. In the broad view, employee benefits are virtually any form of compensation other than direct wages² and might be defined broadly to include the following:

1. Employer’s share of legally required payments (Social Security and Medicare, unemployment insurance, and workers’ compensation benefits)

2. Payments for time not worked (e.g., paid rest periods, paid sick leave, paid vacations, holidays, parental leave, and the like)

3. Employer’s share of medical and medically related payments

4. Employer’s share of retirement and savings plan payments

5. Miscellaneous benefit payments (including employee discounts, severance pay, educational expenditures, and child care, among others)

Table 1-1 illustrates the relative importance of employer costs for benefits as a percentage of payroll for civilian workers, private industry, and state and local government. As the table indicates, employee benefits are intertwined with almost every facet of an individual’s economic and financial security.

A More Limited View of Employee Benefits

The broad view of employee benefits encompasses both legally mandated benefits such as Social Security and other governmental programs and private plans, while the narrow view can be summarized as any type of plan sponsored or initiated unilaterally or jointly by employers and employees in providing benefits that stem from the employment relationship that are not underwritten by or paid for directly by government.³

TABLE 1-1 Relative Importance (%) of Employer Costs for Employee Compensation, December 2010

This narrow definition of employee benefits will be the one primarily used in the Handbook. This is not in any way meant to imply that legally required benefits are unimportant. On the contrary, these benefits are extremely important and must be considered in employee benefit plan design and in integrating private employee benefit plans with the benefits provided by governmental bodies. This interrelationship is stressed throughout the book. In addition to benefits provided through government bodies and those provided through the employment relationship, benefits provided by an individual for his or her own welfare or that of his or her dependents are also described when appropriate. This so-called tripod or three-legged stool of economic security underlies the foundation of individual and family financial security.

REASONS FOR THE GROWTH OF EMPLOYEE BENEFIT PLANS

Numerous reasons exist for the evolution of employee benefit plans from a fringe benefit to a major component of financial security today. They stem from external forces as well as the desire of employers and employees to achieve certain goals and objectives.

Business Reasons

A multitude of business reasons explain why employee benefit plans were established and why they have expanded greatly. Employers want to attract and retain capable employees. Having employee benefit plans in place helps to serve this objective. Also, in many cases, an employer’s competition has certain benefit plans, and it is necessary to have equal or better plans to attract and retain employees. Moreover, employers hope that corporate efficiency, productivity, and improved employee morale will be fostered by good benefit plans. Concerns for employees’ welfare and social objectives have also encouraged employers to provide benefits.

Collective Bargaining

Through the collective bargaining process, labor unions have had a major impact on the growth of employee benefit plans. The Labor Management Relations Act (LMRA), which is administered by the National Labor Relations Board (NLRB), requires good-faith collective bargaining over wages, hours, and other terms and conditions of employment. A notable event occurred in 1948 when the NLRB ruled that the meaning of the term wages includes a pension plan, and this position was upheld in the landmark case of Inland Steel Co. v. National Labor Relations Board in the same year. Shortly thereafter, in 1949, the good-faith bargaining requirements were held to include a group health and accident plan (W.W. Cross & Co. v. National Labor Relations Board). As a result of these two decisions, it was clearly established that the LMRA provisions applied to both retirement and welfare benefit plans, and their subsequent growth has been substantial.

The LMRA, or Taft-Hartley Act, as it is commonly known, has also played significant roles in the development of employee benefit plans. Along with the Internal Revenue Code (IRC), it established the distinction between retirement benefits and welfare benefits such as life and health insurance. Additionally, the statute sets forth the basic regulatory framework under which both of these major categories of benefits are to be jointly administered with the collective bargaining process. As such, it is the legislative basis on which jointly trusteed benefit plans are founded. (See Chapter 33.)

Favorable Tax Legislation

Over the years, the tax laws have favored employee benefit plans. Such preferential tax legislation has greatly encouraged the development of employee benefit plans as well as helping to shape their design, because many plans seek to maximize the tax advantages or lessen the tax consequences of various employee benefit plans. The main tax benefits of employee benefit plans are as follows: (1) most contributions to employee benefit plans by employers are deductible as long as they are reasonable business expenses; (2) contributions from employers within certain limits on behalf of employees generally are not considered income to employees; and (3) on certain types of retirement and capital accumulation plans, assets set aside to fund such plans accumulate tax-free until distributed. Some additional tax benefits may be available when such distributions are made. All in all, favorable tax legislation has had a great impact on the development and expansion of employee benefit plans.

Efficiency of the Employee Benefits Approach

Following the Industrial Revolution, the aggregation of employees and employers in cities and in business firms made it possible for the employee benefits concept to flourish by covering many employees under one contract. The simplicity and convenience of providing coverage to people through their place of employment made sense from many standpoints. Employee benefits providers and suppliers, such as insurance companies, banks, and various types of health care coverage providers, all found the marketing of such benefits through the employer to be a cost-effective and administratively efficient channel of distribution.

Other Factors

Many other factors have contributed to the growth of employee benefit plans. One such factor was the imposition of limitations on the size of wage increases granted during World War II and the Korean War. While wages were frozen, employee benefits were not. As a result, compensation of employees could effectively be increased by provision of larger benefits. The result was a major expansion of employee benefits during these two periods.

Some have argued that various legislative actions over the years have encouraged employee benefit plans not only through providing favorable tax treatment but also by the government’s moral suasion that, if such benefit plans were not established voluntarily by employers and employees, additional governmental programs might result. With the enactment of health care reform through the PPACA legislation, many questions have arisen concerning this concept. Also, allowing employee benefits to be integrated with governmental benefits has enhanced the private employee benefit approach by taking into consideration benefits provided by governmental plans in benefit plan design.

Development of the group approach to certain employee benefits has helped expand the employee benefit mechanism. The techniques utilized in the group selection process made it possible for employers to provide benefits that previously could only be provided on an individual basis with coverage often determined by individual medical selection.

GROUP TECHNIQUE

The group technique enables insurance programs such as life insurance and health insurance, to name only two, to be written as employee benefit plans.⁴ Unlike individual insurance, group insurance is based on a view of the group rather than the individual as the unit to be insured. Usually, individual insurance eligibility requirements are not required for group insurance written under an employee benefit plan.⁵ The concepts that make the group technique work are all designed to prevent adverse selection—that is, to reduce the possibility that less-healthy individuals may join a group or be a larger percentage of a group than anticipated because of the availability of insurance or other benefits.

Characteristics of the group technique of providing employee benefits include some or all of the following:

1. Only certain groups eligible. While most groups qualify, this requirement is intended to make sure that the obtaining of insurance is incidental to the group seeking coverage. Thus, a group should not be formed solely for the purpose of obtaining insurance.

2. Steady flow of lives through the group. The theory behind this concept is that younger individuals should come into the group while older individuals leave it, thus maintaining a fairly constant mortality or morbidity ratio in the group. If the group does not maintain this flow through the group and the average age of the group increases substantially, costs could increase dramatically.

3. Minimum number of persons in a group. A minimum number of persons, typically 10, must be in a group to be eligible for group benefits. However, this requirement has been liberalized to the point where two or three individuals in a group may obtain coverage. This minimum-number provision is designed to prevent less healthy lives from being a major part of the group and to spread the expenses of the benefits plan over a larger number of individuals.

4. A minimum portion of the group must participate. Typically, in group life and health insurance plans, if the plan is noncontributory (solely paid for by the employer), 100 percent of eligible employees must be covered. If the plan is contributory (employer and employee share the cost), 75 percent of the employees must participate. The rationale for this provision is also to reduce adverse selection and spread the expense of administration.

5. Eligibility requirements. Frequently, eligibility requirements are imposed under group plans for the purpose, once again, of preventing adverse selection. An employee must be actively at work on the first day of eligibility. The employer may have a period of time, called the eligibility period, before the employee may participate in the benefit plan. Certain benefit plans may require an elimination or waiting period to elapse before an employee receives a benefit for which he or she is eligible. Also, if employees do not join when eligible and want to enroll at a later date, some form of medical information may be required.

6. Maximum limits for any one person. In certain cases, maximum limits on the amount of life or health benefits may be imposed to prevent the possibility of excessive amounts of coverage for any particular unhealthy individual.

7. Automatic determination of benefits. To prevent unhealthy lives in a group from obtaining an extremely large amount of a particular benefit or benefits, coverage is determined for all individuals in the group on an automatic basis. This basis may be determined by an employee’s salary, service, or position, it may be a flat amount for all employees, or it may be a combination of these factors.

8. A central and efficient administrative agency. To keep expenses to a minimum and to handle the mechanics of the benefit plan, a central and efficient administrative agency is necessary for the successful operation of an employee benefit plan. An employer is an almost ideal administrator because it maintains the payroll and other employee information necessary in meeting tax and record-keeping requirements.

Over the years, many of the requirements just described have been liberalized as providers of employee benefits have gained experience in handling group employee benefits, and because of the competitive environment. Nevertheless, the basic group selection technique is important in understanding why employee benefits can work on a group basis and how any problems that exist might be corrected.

OVERALL EMPLOYEE BENEFIT CONCERNS

As previously noted, because employee benefits provide such an important dimension of financial security in our society, some overall questions need to be asked to evaluate any existing or newly created employee benefit plan. While later chapters in this Handbook analyze benefit design, cost, funding, administration, and communication issues, some principles permeate all these areas and need brief mention early in this text.¹⁰

What are the Employer and Employee Objectives in Establishing the Plan?

The design of any employee benefit plan must start with the objectives for the benefit plan from the standpoint of both employer and employee.

What Benefits Should Be Provided Under the Plan?

There should be clearly stated reasons or objectives for the type of benefits to be provided. Benefits provided both under governmental programs and through purchase by employees should be considered.

Who Should Be Covered Under the Benefit Plan?

Should only full-time employees be covered? What about retirees or dependents? What about survivors of deceased employees? These and a host of similar questions must be carefully evaluated. Of course, some of these issues depend on regulatory and legislative rules and regulations.

Should Employees Have Benefit Options?

This question has become more assumed greater prominence for employee benefit plans because of the changing workforce. Additionally, with the growth of flexible benefits or cafeteria plans, employee choice continues to increase. Even in nonflexible benefit plan situations, should some choices may be given?

How Should the Benefit Plan Be Financed?

Several important questions need to be answered in determining the approach to funding an employee benefit plan. Should financing be entirely provided by the employer (a noncontributory approach) or on some shared basis by the employer and employee (a contributory approach)? If on a contributory basis, what percentage should each bear?

What funding method should be used? A wide range of possibilities exists, from a total insurance program to total self-funding, with many options in between. Even when one of these options is selected, further questions still remain concerning the specific funding instrument to be used. The cost of providing benefits has become a major area of concern for both employers and employees. Many methods of trying to contain employee benefit costs are discussed throughout this Handbook.

How Should the Benefit Plan Be Administered?

Should the firm itself administer the plan? Should an insurance carrier or other benefit plan provider handle the administration? Should some external organization such as a third-party administrator (TPA) do this work? Once the decision has been made, the specific entity must be selected.

How Should the Benefit Plan Be Communicated?

The best employee benefit plan in existence may not achieve any of its desired objectives if it is improperly communicated to all affected parties. The communication of employee benefit plans has become increasingly important in recent years with the increased employee choice in several benefit areas and increased reporting and disclosure requirements. Effective communication and education regarding what benefit plans will and will not do is essential if employees are to rely on such plans to provide part of their financial security at all stages of their lives. Technology has provided many new options in this area. (See Chapter 27.)

Future of Employee Benefits

With the spate of legislation affecting certain aspects of employee benefit plans, the varying needs of today’s diverse workforce, and the outsourcing of many benefit functions, some benefit experts believe there may be more changes than ever before. While certain new approaches and techniques may be utilized, employee benefit plans are woven into the fabric of our society in such a way that the basic character or importance of such plans will not be altered. With pressures to contain health care costs and with retirement costs ever increasing, greater efficiencies in the benefits approach, more tailoring to individual needs in the growth of flexible benefits or cafeteria compensation plans, and other refinements will drive the employee benefits mechanism. While it seems certain that employee benefits will not grow as rapidly as they have in the past, their place is secure and there will continue to be a demand for people who are knowledgeable about all aspects of the design, funding, administration, and communication of employee benefits. Professionals in this area will make such plans more effective while helping to provide economic security for society at large.

CHAPTER 2

Functional Approach to Designing and Evaluating Employee Benefits

G. Victor Hallman III

This chapter deals with the functional approach toward analyzing an existing employee benefit program and evaluating the need for new or modified employee benefits. The functional approach can be defined as an organized system for classifying and analyzing the risks and needs of active employees, their dependents, and various other categories of persons into logical categories of exposures to loss and employee needs. These exposures and needs may include health care (medical, dental, and other) expenses, losses resulting from death, losses caused by short- and longterm disabilities, retirement income needs, other capital accumulation needs, needs arising out of short- and longterm unemployment, custodial care (longterm care) needs, dependent care assistance needs, and other employee needs.

THE FUNCTIONAL APPROACH IN CONCEPT

As indicated above, the functional approach is the application of a systematic method of analysis to an employer’s total employee benefits program. It analyzes the employer’s program as a coordinated whole in terms of its ability to meet employees’ (and others’) needs and to manage loss exposures within the employer’s overall compensation goals and cost parameters. This approach can be useful in overall employee benefit plan design, in evaluating proposals for new or revised benefits, for evaluation of cost-saving proposals, and in effective communication of an employer’s total benefits program to its employees. It can be seen that the functional approach, which is essentially a planning approach, fits logically with the total compensation philosophy, as explained later in this chapter.

The functional approach to employee benefits is not really a new concept. In 1967, George C. Foust outlined the approach in the American Management Association book, The Total Approach to Employee Benefits.¹ Similarly, Robert M. McCaffery in his pioneering 1972 work, Managing the Employee Benefits Program, stated:

The package or total approach to employee benefits is simply the purposeful management of an integrated program. Rather than continually reacting to current fads, outside pressures, and salesmen’s pitches, the contemporary businessman relies on fundamental principles of management in developing, organizing, directing, and evaluating systems of employee benefits for his organization.²

The functional approach represents such systematic management of the employee benefits function.

NEED FOR THE FUNCTIONAL APPROACH

The functional approach is needed in planning, designing, and administering employee benefits for several reasons.

First, in most instances, employee benefits are a very significant element of the total compensation of employees. Benefits have become an important part of the work rewards provided by employers to their employees. They also generally are a very tax-effective way of compensating employees. Therefore, it is important to employees, and hence to their employers, that this increasingly important element of compensation be planned and organized to be as effective as possible in meeting employee needs.

Second, employee benefits generally represent a large item of labor cost for employers. Therefore, effective planning and hence avoidance of waste in providing benefits can be an important cost-control measure for employers.

Third, in the past, employee benefits may have been adopted by employers on a piecemeal basis without being coordinated with existing benefit programs, as suggested by the McCaffery quote above. Thus, it is often fruitful to apply the functional approach in reviewing existing employee benefit plans or proposed changes in plans to determine where overlapping benefits may exist and costs can be saved, and where gaps in benefits may exist and new benefits or revised benefits may be in order.

Fourth, because of new benefits and coverages, changes in the tax laws, changes in the regulatory environment, a challenging economic climate, and other developments in recent years, it is important to have a systematic approach to planning benefits to keep them current, cost effective, and in compliance with regulatory requirements.

The last point can be illustrated by the enactment of the Patient Protection and Affordable Care Act (PPACA) as amended by the Health Care and Reconciliation Act. This extensive law shows the demands that may be placed on the benefit plans of private employers to help solve perceived social problems. Among many other provisions that become effective at various times, this sweeping new law starting in 2014 will assess a shared responsibility payment (a nondeductible penalty) on larger employers (those with an average of 50 or more full-time employees) who do not offer their full-time employees and the employees’ dependents the opportunity to enroll in an eligible employer-provided health care plan providing minimum essential coverage and who have at least one of their full-time employees enrolled in a state Health Insurance Exchange with a premium tax credit or cost-sharing reduction for the employee(s). A shared responsibility payment may even be due from larger employers who do offer minimum essential coverage for their full-time employees and their dependents if the employer has one or more full-time employees enrolled in a state Health Insurance Exchange with a premium tax credit or cost-sharing reduction for the employee(s). In addition, such employers who offer minimum essential coverage to their employees and pay any portion of the costs of such coverage must provide and pay for free choice vouchers to employees who do not elect to participate in the employer’s plan and who meet certain required contributions and household income limits (i.e., generally employees whose required contributions are too large a percentage of their household incomes). Moreover, the PPACA, starting in 2010, imposes some important coverage and reporting requirements on group health care plans and individual coverage. Further, starting in 2018, employers are required to calculate and report the excise tax due on high-coverage (so-called Cadillac) employer-sponsored health care plans to the coverage providers and the Treasury Secretary (the IRS). Coverage providers include insurers for insured group health care plans and plan administrators for self-insured plans and some other plans. This excise tax of 40 percent of any excess benefit (which is the amount the employer’s cost for coverage exceeds a statutory threshold amount) may well cause employers to keep their cost of health care coverage at or below the threshold amounts. On the other hand, smaller employers (those with 25 or fewer full-time employees with average compensation of $50,000 or less) may be eligible for tax credits for the premiums they pay toward health coverage for their employees. Clearly, complying with these regulatory requirements will be a substantial issue for employers for many years.

Finally, a given employee benefit or program, such as a pension plan, often provides benefits relating to several separate employee needs or loss exposures. Therefore, an employer’s benefit plan needs to be analyzed according to the functional approach so its various benefit programs can be integrated properly with each other.

CONSISTENCY WITH AN EMPLOYER’S TOTAL COMPENSATION PHILOSOPHY

In designing the total compensation package, an employer should seek to balance the various elements of its compensation system, including basic cash wages and salary, current incentive compensation (current cash bonuses and company stock bonuses), longer-term incentive plans (including stock-based and performance-based plans), and so-called employee benefits, to help meet the needs and desires of the employees on the one hand and the employer’s basic compensation philosophy and objectives on the other. Thus, it is clear that the functional approach to planning and designing an employee benefit plan must remain consistent with the employer’s total compensation philosophy. A particular employer, therefore, may not cover a certain employee desire for benefits, or may cover it in a rather spartan manner, not because the desire is not recognized but because the employer’s total compensation philosophy calls for a relatively low level of employee benefits or, perhaps, benefits oriented in a different direction.

Employers may adopt different business policies regarding the general compensation of their employees. For example, many employers want to compensate their employees at a level in line with that generally prevailing in their industry or community, or both. They do not wish to be much above or below average compensation levels. The employee benefit programs of such employers also frequently follow this general philosophy. Other employers may follow a high-compensation philosophy (including employee benefits) with the goal of attracting higher levels of management, technical, and general employee talent. This may be particularly true in industries where the need for a highly skilled workforce is great. On the other hand, there may be employers that follow a low-compensation policy, feeling that, for them, the resultant lower payroll costs more than outweigh the resulting higher employee turnover and lower skill level of their workforce. An employer with this kind of philosophy may want to adopt more modest employee benefit programs.

Type of industry and employer characteristics also will have an impact on an employer’s total compensation philosophy and on the design of its employee benefit plan. Table 2-1 is a grid presented by one employee benefit consulting firm showing the relationship between type of organization, working climate, and compensation mix.

TABLE 2-1 Organizational Style and Compensation Mix

Thus, a larger well-established employer in a mature industry, a financial institution, or a nonprofit organization may take a relatively liberal approach toward meeting the benefits needs and desires of its employees. But developing industrial firms, high-tech companies, and other growth companies, which may have considerable current needs for capital and seek a highly skilled and motivated workforce, may seek to rely more heavily on short-term oriented incentive types of compensation. Further, industries that are highly competitive, subject to cyclical fluctuations, or perhaps in a currently depressed state may not be willing to add to their relatively fixed labor costs by adopting or liberalizing employee benefits, even if there may be a functional need for them. In fact, such firms may seek to cut back on their employee benefit commitments when possible. However, even in these situations, firms should attempt to allocate their available compensation dollars in as consistent and logical a manner as possible to meet the needs and goals of their employees as well as their own corporate compensation objectives. In fact, the functional approach may be even more appropriate in such cases, because their resources for compensating employees are relatively scarce.

Another area of employer philosophy that affects the functional approach and how it is actually applied is whether the employer tends to follow a compensation/service-oriented benefit philosophy or a benefit- or needs-oriented philosophy. Employers having a compensation/service-oriented philosophy tend to relate employee benefits primarily to compensation or service, or both, in designing their employee benefit plans (of course, remaining consistent with any nondiscrimination rules). Thus, the level of benefits would tend to be tied in with compensation level, and eligibility for benefits may be conditioned directly or indirectly on salary level. For example, separate benefit plans may be provided for salaried and for hourly rated employees, with more generous benefits being made available to the former group. Further, some types of benefits may be available only to certain higher-paid employees or executives. In addition, such employers tend to emphasize service with the employer in determining benefit levels and eligibility for benefits. The theory of this approach is that employee benefits generally should be aimed at rewarding the longer-service employees who have shown a commitment to the employer. The benefit- or needs-oriented philosophy, on the other hand, tends to focus primarily on the needs of employees and their dependents, rather than on compensation and service.

In practice, the design of employee benefit plans tends to be a compromise between these two philosophies. On one side, certain kinds of employee benefits, such as medical expense benefits, tend to be primarily benefit- or needs-oriented. On the other side, benefits such as group life insurance and pensions customarily are compensation oriented, at least for nonunion employees. Thus, this distinction in philosophy really is one of degree. However, the extent to which eligibility for benefits, participation requirements, and levels of employee benefits reflect compensation or service, or both, may affect the extent to which the needs of employees or certain categories of employees will be met by an employee benefit plan.

APPLICATION OF THE FUNCTIONAL APPROACH

While the functional approach to planning employee benefits has been actively discussed since the early 1960s, no clearly developed procedure or technique exists for the application of this approach to individual benefit plans. However, based on the underlying concept and the way it is applied in practice, here are the logical steps in applying the functional approach to employee benefit plan design, revision, or review. For convenience of presentation, these steps can be listed as follows:

1. Classify employee (and dependent) needs or objectives in logical functional categories.

2. Classify the categories of persons (e.g., employees, some former employees, and dependents) the employer may want to protect, at least to some extent, through its employee benefit plan.

3. Analyze the benefits presently available under the plan in terms of the functional categories of needs or objectives, in terms of the categories of persons the employer may want to benefit, and in terms of regulatory requirements and possibly mandated coverages.

4. Determine any gaps in benefits or overlapping benefits, or both, provided from all sources under the employer’s employee benefit plan and from other benefit plans in terms of the functional categories of needs and the persons to be protected.

5. Consider recommendations for changes in the employer’s present employee benefit plan to meet any gaps in benefits and to correct any overlapping benefits, including possible use of the flexible benefits (cafeteria plan) approach.

6. Estimate the costs or savings from each of the recommendations made in step 5.

7. Evaluate alternative methods of financing or securing the benefits recommended above, as well as the employee benefit plan’s existing benefits.

8. Consider other cost-saving techniques in connection with the recommended benefits or existing benefits (i.e., plan cost-containment strategies).

9. Decide upon the appropriate benefits, methods of financing, and sources of benefits as a result of the preceding analysis.

10. Implement the changes.

11. Communicate benefit changes to employees.

12. Periodically reevaluate the employee benefit plan.

Each of these steps is considered in greater detail below. Naturally, it must be recognized in applying this process to a particular employee benefit plan that some of these steps may be combined with others and some will be taken implicitly. However, each step represents a logical decision point or consideration in the design or revision of an employee benefit plan.

Classify Employee and Dependent Needs in Functional Categories

The needs and exposures to loss of employees and their dependents can be classified in a variety of ways, some being more complete than others. The following classification appears to cover most of the commonly accepted needs and exposures to loss that may be covered under an employee benefit plan:

1. Medical expenses incurred by active employees, by their dependents, by retired (or certain otherwise terminated, suspended, or temporarily not in service) employees or former employees, and by their dependents

2. Losses due to employees’ disability (short-term and longterm)

3. Losses resulting from active employees’ deaths, from their dependents’ deaths, and from the deaths of retired (or certain otherwise terminated, suspended, or temporarily not in service) employees or former employees

4. Retirement needs of employees and their dependents

5. Capital accumulation needs or goals (short-term and longterm)

6. Needs arising from unemployment or from temporary termination or suspension of employment

7. Needs for financial counseling, retirement counseling, and other counseling services

8. Losses resulting from property and liability exposures and the like

9. Needs for dependent care assistance (e.g., child-care or elder-care services)

10. Needs for educational assistance for employees themselves or for employees’ dependents, or for both

11. Needs for custodial-care expenses (longterm care) for employees or their dependents or for retired employees or their dependents

12. Other employee benefit needs or goals (such as a desire to participate in corporate stock plans or other longer-term incentive programs)

Naturally, a given functional analysis often does not encompass all these needs, goals, or loss exposures. The above classification is intended to be more exhaustive than frequently is included in a functional analysis. The history of employee benefit planning since the end of World War II generally has been one of expanding the areas of employees’ (and others’) needs for which employers provide benefits of various kinds. However, in recent years, increasing attention has been paid to containing the costs to the employer of benefit plans. The functional approach can also be used to evaluate cost-containment measures.

Table 2-2 provides an illustration of the functional approach, using the employee benefit plan of a large corporation and the functional categories used by that corporation. Note that the employee needs, goals, and exposures to loss are shown on the left-hand margin of the grid, while the components of this corporation’s employee benefit plan are shown across the top of the grid. This arrangement shows how each benefit plan applies to each of these employee needs, goals, or loss exposures. Any gaps or duplications in coverage (or need for further information) can be seen more easily through this systematic process of analysis.

Classify by Categories the Persons the Employer May Want to Protect

This step basically involves the issues of who should be protected by an employee benefit plan, for what benefits, for what time period, and under what conditions. These issues have become increasingly important in employee benefit planning as the scope of employee benefit plans has increased not only in terms of the benefits provided but also in terms of continuing to protect employees or former employees once the formal employment relationship has ended and in terms of protecting dependents of employees in a variety of circumstances. It is a logical part of the functional approach because the needs, goals, and loss exposures of employees imply consideration not only of the kinds of benefits to be provided but also of the persons to be protected and when they will be protected. Thus, in designing its employee benefit plan, the employer should consider how the various functional categories of needs and goals will be met for different categories of persons under a variety of circumstances.

TABLE 2-2 Illustration of Functional Approach to Employee Benefit Planning

In this type of analysis, the following are among the categories of persons whom the employer may want to consider protecting under its employee benefit plan—under at least some circumstances and for at least some benefits:

1. Active full-time employees

2. Dependents of active full-time employees

3. Retired former employees

4. Dependents

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