JULY - 2007

   IN THIS ISSUE
 
Will Retirement Become a Deferred Benefit?
Once upon a time, retirement wasn’t something that most could afford. In 1950 nearly 50% of men aged 65 or older were still working. But the ‘good ‘ol days’ that followed made retirement a reality for more and more Americans and by the 80’s only slightly more than 15% continued working beyond age 65. That number has risen slightly and today 19% of the 37 million Americans aged 65 or older continue to work. But the trouble starts next year when the first of the 78 million ‘boomer’ generation will reach age 62 and start thinking about retirement. This puts well-know pressures on our economy. Business will lose access to valuable human capital, social security and an increasing number of private pension plans face insolvency while healthcare costs spiral higher each year. But the unknown variable in this formula of doom is retirement itself. The macro pressures of the boomer retirement wave are equally great on the individual and continuing to work may become an option with no good alternative for an increasing number of workers. There are fewer household couples in the age range 55 to 64 due to higher divorce and separation rates - down to 58% from two-thirds in 1980. This means that more are ‘on their own’ in retirement. And retirement funds are also increasingly scarce as fewer and fewer companies offer pension and retiree healthcare benefits. So maybe those boomers won’t be leaving quite so soon after all. For more information on retirement trends click here for the Health and Retirement Study by the University of Michigan.

 
Tax Pro as Collector
More than half of all tax returns are prepared by someone other than the tax filers themselves. If you are one of this majority, you may be in for a higher fee on your next visit. In May of this year Congress passed a new law effectively ‘deputizing’ tax professionals, making them responsible for filing a form that highlights questionable tax positions included in a return. Failure to do so will subject the preparer to stiff penalties. The preparer must also apply a higher standard than in the past when determining what issues are questionable. The new law was not the idea of the IRS this time but rather originated in Congress as a means of narrowing what is known as the ‘tax gap’ or the difference between reported tax liability and the amount actually owed by correct and accurate application of the tax code. This ‘tax gap’ is estimated to be over $290 billion annually. The new help from tax preparers has the additional advantage of being cheap (free) labor at a time when the IRS can’t get budget busting new head count. Technically, the new law goes into effect immediately. However, the IRS plans to start applying it next year so 2006 returns with extensions will not face this higher standard of reporting.
 
Presentation Matters for More Personal Savings
If you want to help your employees prepare for retirement, invest in your presentation to ‘sell’ the benefits of saving. It would seem intuitively obvious that a good presentation would improve participation but every now and then it is reassuring to test our intuition particularly when a lot is riding on the outcome. Over the past several decades Congress has put together many programs designed to stimulate personal savings for retirement. Some of these initiatives have been outright failures but many have been at least marginally successful. However, the current level of personal savings still leaves future retirees at risk. And the problem becomes more acute with each uptick in the cost of healthcare, private pension fund failure or proposed solution to the solvency of social security. To confirm the obvious, viz., that the sales presentation itself matters, the St. Louis offices of tax preparation giant H&R Block designed, executed and even paid for a study to examine the impact of presentation on program participation. They set out to ‘sell’ IRA participation to tax filers using alternative levels of presentation and matching contribution incentives. The results concluded that the presentation of the benefits mattered as much or more than the incentive itself. So even without further enhancements to existing incentive programs, employers can help their employees by better ‘selling’ existing savings programs. Click here for a complete report of the study and results.
 
ANSWERS FROM THE HELPLINE

FMLA – THE BASICS ON HOW TO COMPLY


Q. When is an employee eligible to take a leave of absence under the Family Medical Leave Act?

A. First of all, the employee must work for a company that is governed by FMLA regulations. All public employers, regardless of size, and private employers with 50 or more employees (within a 75 mile radius), are covered under the law. Any employee on the payroll for 20 or more calendar workweeks in the current or preceding year’s calendar year counts toward the 50-employee threshold. Secondly, the employee must have worked for the company for at least 12 months and have worked at least 1250 hours over the previous 12-month period (approximately 24 hours per week).

Q. For what reasons can an eligible employee take a FMLA leave of absence?

A.    A leave may be granted for:
  • the birth of a child and to care for the newborn child or for the placement of a child for adoption or foster care

  • the employee’s serious health condition

  • caring for an immediate family member (spouse, child, or parent) if that family member has a serious health condition

Q. What is considered a serious health condition?

A. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves:
  • Inpatient care – an overnight stay in a hospital, hospice, or residential medical-care facility and any resulting period of incapacity and treatment.

  • Continuing treatment – is defined as one or more of the following:

    • A period of incapacity involving two or more treatments by a health care provider or treatment by a health care provider on one occasion resulting in a continuing regimen or treatment.

    • Any period of incapacity due to pregnancy or for prenatal care.

    • A period of incapacity because of a chronic serious health condition requiring periodic visits for treatment, continuing for an extended period, and may be episodic rather than a continuing period of incapacity. (Examples include asthma, diabetes, and epilepsy).

    • Permanent/ long-term conditions requiring supervision for which active treatment may be ineffective, but continuing supervision is needed. (Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease).

    • Multiple treatments for non-chronic conditions, a condition that would result in absence of more than three consecutive calendar days if left untreated. (Examples include chemotherapy for cancer, physical therapy for severe arthritis, dialysis for kidney disease, back conditions requiring extensive therapy or surgery, heart attacks, pneumonia, and miscarriage).

Q. How long of a leave is an employee entitled to under FMLA?

A. An eligible employee may take up to 12 weeks off unpaid within a 12-month period. This leave can also be taken intermittently – in increments of a few days or even a few hours.

Q. How should an employer define this 12-month period?

A. An employer can define a 12-month period as the calendar year, any fixed 12-month leave year, or a rolling period. Employers must designate their method of defining the 12-month period and uniformly apply it to all employees. If an employer does not select a 12-month period, the employee can select whichever method is the most beneficial to them. The rolling period would not allow an employee to take 12 weeks of leave at the end of one 12-month period and 12 weeks at the beginning of the next 12-month period.

Q. How should an employer administer an intermittent leave?

A. An employee may take leave intermittently, or on a reduced leave schedule to care for an immediate family member with a serious health condition or because of a serious health condition of the employee when medically necessary. An employee may take leave intermittently, or on a reduced leave schedule for child-care only with the employer’s consent – this is not required that the employer must allow. A few conditions/requirements are as follows:
  • Employees must make reasonable arrangements in advance to avoid needless disruption of the employer’s operations.

  • Employers may deduct from employees’ salaries for time taken for intermittent or reduced schedule FMLA leave. These deductions do not affect an employee’s exempt status under the Fair Labor Standards Act.

  • Employers may assign employees taking intermittent or reduced-schedule leave to an alternative position with equivalent pay and benefits that better accommodates the employee’s intermittent leave or reduced schedule.

Coming next month – more frequently asked questions about FMLA compliance!
 
Retail Changes On the Way
U.S. retailers are starting to get smart. Their long-time model is broken and has been for decades. It is a simple model. Basically, it goes like this: Forecast demand and then buy twice as much as you think will sell just to make sure you don’t run out of high demand items. Then drop the bottom out of prices only a few weeks into a season to get rid of all that inventory. As more and more production moved ‘off shore’ in search of third world cost savings, this model became increasingly necessary. Long lead-times to deliver the manufactured product meant purchasing decisions couldn’t be changed. The result of this model has been to train the American consumer to anticipate short-lived initial prices followed shortly by discounts of up to 50%.

Meanwhile, across the Atlantic the model was changed by a couple of major apparel companies. They shifted the emphasis from volume to margin. This required the ability to respond quickly to retail demand. To do this they moved production closer to home even if it meant paying more for production. Using technology to provide literally up-to-the-minute sales and inventory status information, they were able to replenish stock in 80% less time. With lean inventories and quick response times pricing could be maintained down to the very end of the season. Inventory was just ‘sold out’ for popular items and discounts reserved for only the slowest moving products. This lean inventory, quick response model is estimated to improve retail profitability by more than 60% according to studies by Professor Gerald P. Cachon, of Wharton. American manufacturers are now struggling to transition into the new model. But the retailer must then meet the challenge of retraining the American consumer who currently expects to see those prices start dropping only a few weeks into a season.
 
Pharmacy Reinbursements - Another Medicaid Mess
It seems we just can’t beat the rising cost of government health care programs - push them down one place and they just pop up somewhere else. The federal agency that oversees the Medicaid program has now issued a new rule intended to reduce the cost of prescription drugs. The current method of reimbursement was found to pay pharmacies more than the actual cost of certain generic drugs based upon studies in 2004. The new lower reimbursement approach is forecast to save $8.4 billion over 5 years. Sounds good doesn’t it. But now the Government Accountability Office (GAO) says that the new plan will pay pharmacies 36% less than the actual cost of drugs dispensed to Medicaid beneficiaries. In other words a pharmacy will lose money on every Medicaid prescription filled. Industry sources predict that community pharmacies, which average 23% of their revenues from Medicaid, will quickly go out of business under the new rule. However, there is another component of the cost formula, viz., the cost of dispensing a prescription. The accounting firm Grant Thornton estimates that the average cost of dispensing a prescription is $11.35 nationally according to the Wall Street Journal and many state Medicaid programs currently reimburse less than half this amount. To keep the community pharmacies in business some states are proposing to use the new cost savings to increase what is known as the ‘dispensing fee’ paid to pharmacies for each prescription filled under the program. Of course, CMS must approve any change in state dispensing fees and the current proposals would wipe out the savings realized by the new reduced drug reimbursements. MORE
 
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Illinois Chamber HR Helpline
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Business Services
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Support Your Guard & Reservists!
The Chamber urges all Illinois employers to recognize their Guard and Reserve employees by signing and displaying the ESGR Statement of Support. To get yours, simply complete an online form and you will receive a personalized certificate that demonstrates your support. Click here for answers to Frequently Asked Questions (FAQ's) for employers and reservists. Also visit the SBA Veteran's Business Development web site for assistance to small business owners that have employees activated in the Guard or Reserves. Click  MORE

The Exec Report - Copyright © 2007 The Illinois Chamber
Wood S. McComb, Editor
Debra McCarver, Director of Communications