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NY same-sex marriage recognition directive upheld

New York Gov. David Paterson's May 14 directive ordering state regulators to recognize same-sex marriages validly established elsewhere is consistent with state law and implementation of the directive can continue, a state trial court has ruled. (GRIST, 4 Sep 2008, 1 page) More  | Article 

IRS delays debit card rules for transit benefits

The IRS has again delayed rules limiting automatic substantiation of tax-free transit cost reimbursements to expenses incurred using specified smartcards and debit cards. The new effective date is Jan. 1, 2010. (GRIST, 4 Sep 2008, 4 pages) More  | Article 

Hard-to-value pension assets get DOL scrutiny

Pension fiduciaries must analyze "hard to value assets" -- like private equity and some hedge funds -- as required for any other plan investment, according to Labor Department officials. Failure to do so could result in a breach of fiduciary duties. (GRIST, 28 Aug 2008, 3 pages) More  | Article 

Preparing for retiree drug subsidy program audits

To receive Medicare's retiree drug subsidy, employers must not only match or beat Part D's prescription drug coverage but also agree to undergo audits. This GRIST's checklist, adapted from an actual audit, can help employers know what to expect. (GRIST, 27 Aug 2008, 5 pages) More  | Article 

Obama, McCain tackle health care reform

Health care reform has become a presidential campaign issue, with both parties offering proposals to expand coverage, control costs and improve quality. However, the two candidates differ sharply as to how they would achieve these goals. (GRIST, 22 Aug 2008, 5 pages) More  | Article 

ERISA pre-empts Utah discretionary clause law

A federal judge in Utah ruled ERISA pre-empts a state law regulating the form and substance of discretionary clauses in insurance contracts. (GRIST, 21 Aug 2008, 1 page) More  | Article 

New DOL rules on investment advice to participants

New Labor Department proposed regulations describe how to provide investment advice to participants in 401(k)-type plans without violating ERISA's prohibited transaction rules. (GRIST, 21 Aug 2008, 1 page) More  | Article 

Ninth Circuit win for cash balance plan sponsor

A cash balance sponsor has prevailed on age discrimination, wearaway and backloading claims in the Ninth Circuit Court of Appeals. The court rejected the IRS position on how backloading rules apply to plans with "greater of" formulas. (GRIST, 21 Aug 2008, 1 page) More  | Article 

CMS issues 2009 national average Part D premium

The national average monthly premium for Medicare prescription drug plans will be $30.36 in 2009, up from $27.93 in 2008, CMS predicts. Employers seeking the retiree drug subsidy use this figure to determine their benefits' actuarial equivalence. (GRIST, 21 Aug 2008, 1 page) More  | Article 

Revised Form 990 instructions available

The IRS has posted new instructions for Form 990, Return of Organization Exempt from Income Tax, revising the April draft. Though the new version still is marked "draft," the IRS doesn't expect final instructions to change significantly. (GRIST, 19 Aug 2008, 1 page) More  | Article 

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What is GRIST?

GRIST is a family of products published by WRG lawyers and technical experts covering major legislative, regulatory, and judicial issues and developments affecting employee benefits, compensation, and human resource (HR) programs. GRIST provides notification and analysis in three forms depending on the complexity and urgency of the material. GRIST Alerts are short summaries published quickly as an event occurs or an issue emerges; GRIST Reports are overviews of an issue or event; and GRIST InDepths provide detailed analysis. GRIST is available on Mercer Select. Select members can receive GRIST via e-mail according to areas of interest.

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