44th Annual ISCEBS Employee Benefits Symposium

This annual favorite provides a guide to navigating benefits-related legal decisions. Get an overview of important developments and deference to agency decisions, regulatory challenges and corporate governance; guiding principles and cases that illustrate their necessity; and a spotlight on recent Supreme Court case decisions that most impact the employee benefits field.

Explore the unprecedented challenges and opportunities presented by the increase in life expectancy over the past century. While the gift of an extra 30+ years is undoubtedly a testament to medical and societal progress, our current systems are ill-equipped for the era of 100+ year lifespans. Increasing lifespans and aging demographics is not necessarily a looming crisis, but an opportunity for strategic change. This includes redesigning workforce models using innovative approaches and structures to engage talent in new ways to harness the untapped potential of older populations. This session also looks at financial planning, pensions and investment for modern career and retirement journeys.

• How longevity and an aging population are reshaping society
• How to view this as an opportunity for strategic change and growth
• How we can start radically redesigning society to be longevity ready

It can be difficult for employers to discern where employees fall on the spectrum of substance use and how that use might impact work performance. With cannabis now legal in a growing number of states, employers may see similar challenges with other substances. Learn about a contemporary approach that is focused on helping employees understand the impact of substance use on their physical and mental health, provide concrete strategies to help employees at the early stage of a substance use concern, and provide employers with innovative ideas to support their employees across the spectrum of use.

• A look beyond the pervasive disease model to sociological and psychological variables involved with substance use
• Strategies for prevention and harm reduction to help employees understand how substance use affects their health
• Examples of accessible resources, education and services to explore their substance use habits on their own terms and schedule.

This session will focus on the hot topics in 2024 about which ERISA fiduciaries must be aware, including developments in cybersecurity and data protection; ERISA litigation including retirement and health and welfare fee disclosure and litigation; vendor management and contracting; compliance with new plan administrative requirements from the SECURE 2.O law and IRS rules; and plan investment hot topics such as cryptocurrency, ESG investment strategies and managing plan assets in a volatile market. Leave well-prepared to manage fiduciary liability and counsel your committees about best practices for meetings as well as compliance and risk mitigation strategies.

• DOL audits of cybersecurity and resources for plan sponsors for risk protection
• Latest developments in ERISA fiduciary litigation, including 401(k) plan fees, the use of plan forfeitures, and health and welfare plan fees (the next frontier)
• Best practices for fiduciary committee risk mitigation and strategies for committee meetings and governance to reduce exposure

According to the Kaiser Family Foundation, one in four large firms in the US offer some form of retiree health benefits. These organizations are faced with weighing their commitment against the daunting challenge of rising and unpredictable costs amidst persistent inflationary pressures. The 2023 Milliman Retiree Health Cost Index further underscores this trend by estimating that a healthy 65-year-old retiree needs to save between $90,000 and $242,000 to cover health care costs if they retire in 2023. In this presentation, we explore strategies to make the cost of offering retiree health care benefits more predictable, manageable and effective—all while maintaining a positive experience for retirees.

• Considerations and strategies for employers to manage the cost of offering retiree health care benefits
• Options for employers as retiree drug subsidy values diminish and what changes are effective in 2025
• Ways to maintain a positive retiree experience and support retiring employees who face important coverage decisions

High-cost claims remain the largest driver of health care costs, with both chronic and acute conditions such as cancer treatments, heart disease, live birth and perinatal conditions among the costliest claims. Get strategies to prevent or mitigate the risks, including building a culture of preventive care, identifying and predicting risks, and the role of stop loss and lasering.

• Reducing exposure to high-cost claims
• What are the limitations of stop loss and other tools?
• Audit tools to manage claims and billings

Younger generations are concerned about Social Security being available before retirement age. Examine the generations and find out how financial alternatives can lessen the concern about not having enough money to retire. Review employer-offered solutions such as Roth IRA, Roth 401(k) and HSAs for saving retirement money and offering retirement benefits to lessen dependence on Social Security or Medicare. Employee paycheck stubs show the amount they contribute to Social

Security and Medicare. Do they understand the employer’s contribution? Each generation prefers specific communication platforms—Learn different ways to educate employees of all ages about their benefits.

• Financial literacy education and the value of managing money to prepare for retirement
• Educating employees about the value of the employer match for Social Security and Medicare
• Security Disability Insurance, SSDI compensation and the impact on the family

Discover the art of creating a benefits package that resonates with employees at every stage of life, striking the perfect balance between their needs and engagement. This session will delve into a compelling case study outlining a simple yet impactful method for controlling risks and costs associated with specialty care and its direct influence on large claimants. It will also focus on the innovative strategies employers are deploying to diversify benefits while effectively managing risks and costs in core offerings.

• Explore the latest trends in benefit preferences tailored for a multigenerational workforce.
• Uncover the latest and compliance-friendly new offerings in the benefits landscape.
• Effective communication to engage employees, ensuring they understand how to maximize the value of their benefits package.

Plan sponsors and advisors make decisions about how to educate retirement plan members. But what financial topics do these members actually want to learn about, and what’s standing in their way to achieve better retirement outcomes? This session will draw on the speaker’s insights from thousands of one-on-one plan member meetings and will provide practical tips on how to incorporate these into your member education strategy.

• Common gaps in workplace retirement plan education
• Commonly asked questions from today’s defined contribution plan members
• How to refine your member education strategy to the benefit of your employees

Scrutiny of health plans by both the DOL and IRS is increasing. Whether plans are self-funded or fully insured, benefit professionals need to be prepared. Get the essential steps every self-audit should include to ensure that plan sponsors are prepared for an audit and are satisfying their fiduciary obligations. Learn about common pitfalls, practical compliance tips and best practices.

• What the DOL and IRS look for in an audit
• How new federal laws and regulations have changed the scope of an employer’s administrative responsibilities
• Practical tips for bringing health plans into compliance

Lifetime income options are becoming the newest trend in helping plan participants prepare for retirement. The Secure Act and Secure Act 2.0 have made this a key component in the future of retirement plans as a benefit. This session will discuss the landscape of lifetime income options and what it means to your plan and your employees; the fiduciary aspects of evaluating the need for these solutions for your employees; how to choose between the various options if you decide to offer one; as well as employee education needs, and portability, as well as the costs and pros and cons.

• What is lifetime income?
• The landscape of in-plan lifetime income options and it’s changing
• Fiduciary considerations in deciding whether to offer lifetime income options and in what form(s)

This session is for any organization that is considering moving to a four-day workweek in any format, but primarily working four days (32 hours) but being paid for 40 hours. What are the advantages and pitfalls of this arrangement? What do organizations, both leadership and HR, need to think about when trying to implement this type of program, from overtime to vacation to benefit accrual impacts?

• Different alternate work schedules to attract and retain workers
• What to consider, including hours tracking, vacation and sick time accruals, paid holidays, leaves of absence and more.
• Case study outcomes from an employer’s experience

As dementia rates rise, more employees find themselves caring for affected family members, leading to a challenging work-life balance. This talk explores the growing workforce struggle, offering insights on supporting caregivers to prevent burnout. With dementia affecting millions globally, the question arises: Are workplaces truly prepared for this escalating challenge? This session will cover the complexities faced by employees who are caregivers, the impact it has on the organization and proactive solutions for fostering balance in the workplace.

• In-depth insights into the specific challenges faced by employees in their role as family caregivers
• Updated strategies to assess and tackle the financial and operational consequences of caregiver burnout
• Identifying and integrating specific benefits and resources for caregivers

Using a case study, this session explores the use of data analytics, how it provides an employer with a holistic view of their workforce and how employees consume benefits. The analytics begins with a view of benefits consumption by generation and ultimately provides insight into developing a long-term benefits strategy for all generations of employees that will assist with recruitment and retention.

• Using data analytics to develop a holistic cost-effective benefits strategy
• Understand how each generation consumes employee benefits programs
• Develop dashboards with population trends and which benefit programs impact recruitment and retention

Changes to SECURE 2.0 taking effect in 2024 changed the minimum participation rules for long-term part-time employees and will have a significant impact on design decisions, plan administration, coverage, administration, vesting, eligibility, top-heavy plans and more. Learn how plan sponsors should address LTPT employee administrative and compliance issues.

• Which early eligibility provisions will allow a plan to avoid the LTPT rules
• Potential impact on nondiscrimination and top heavy testing rules and safe harbor notices
• Administrative issues and practical options to avoid errors

Since 2008, the International Foundation has surveyed organizations to collect extensive benchmarking data on emerging benefits topics.  Learn what organizations across the spectrum of size and industry are considering in health and ancillary benefits, including coverage for weight-loss drugs, telemedicine offerings, family-forming benefits, mental health, inclusivity-focused offerings and more.

• Top trends emerging from the 2024 Employee Benefits Survey
• Using longitudinal data to track these trends over time
• Case study examples of effective strategies in action

This session will walk through the stages of deploying internal OpenAI models into a TPA operation, discuss various opportunities and costing considerations, and demo some operational OpenAI models.

• Learn about opportunities to deploy AI solutions in your operation.
• Highlight successes and pitfalls of AI deployment.
• Provide inspiration for smaller organizations to adopt AI.

To curb the cost of high-dollar prescriptions, the focus has traditionally been on leveraging discounts and rebates. However, by understanding the pricing components and key players involved in the pharmaceutical supply chain, HR and benefits professionals can more effectively optimize both their spend and outcomes. As the cost and utilization of specialty drugs continue to rise, this session will explore how benefits professionals and PBMs can align their partnership to provide members with affordable access to the medication plan participants need.

• The flow of funds in the pharmaceutical supply chain: Where can sponsors can save money?
• How to evaluate a PBM: What are the most critical metrics to avoid disruption
• Assessing your current PBM contract: How do you find a PBM that operates in your best interests?

As a followup to the morning session, this is an opportunity to hear more of the legal cases that continue to shape the benefits landscape.

Open to all attendees.

These are facilitated, informal discussions, powered by you! Bring your questions, your best practices, your pro tips or a nugget from a previous session and get ready for a lively discussion.

CE credit is not available for these discussions.
CEBS Compliance credit is available.

Open to Plan Sponsors.

These are facilitated, informal discussions, powered by you! Bring your questions, your best practices, your pro tips or a nugget from a previous session and get ready for a lively discussion.

CE credit is not available for these discussions.
CEBS Compliance credit is available.

Open to all attendees.

These are facilitated, informal discussions, powered by you! Bring your questions, your best practices, your pro tips or a nugget from a previous session and get ready for a lively discussion.

CE credit is not available for these discussions.
CEBS Compliance credit is available.

In today’s competitive environment, the total rewards strategy is most effective when it aligns with the organization’s inclusion objectives. This presentation explores the process of achieving alignment by offering tools, analysis and practical examples. Learn how to establish an understanding of the expectations for organizational inclusion, and identify how an organization’s total rewards strategy can act as a barrier to entry or serve as an on-ramp for attracting new and diverse talent. Gain the knowledge to effectively leverage your total rewards program to attract, engage and retain employees in an increasingly diverse workforce.

Few chronic condition areas are as broad in treatment scope or as complex in potential cause as musculoskeletal [MSK] health, a perennial leader in risk and cost. Creating a comprehensive MSK strategy is no simple task, often bridging the work of employee benefits, health and safety, and property and casualty. Evaluating and developing a proactive approach to MSK health should take into consideration four primary strategy areas: foundational well-being, prevention and early detection, treatment access and cost, and treatment quality and appropriateness. Explore proven tactics and considerations benefits leaders concerned with MSK health need to be aware of.

• What is MSK health? An overview of the risk spectrum, contributing factors, and impact of comorbidities.
• Considerations when selecting MSK solutions: organizational culture, demographics, job duties and more
• Understanding the full spectrum of MSK solutions, their interplay and how to efficiently create a holistic strategy

More than 400 class actions have been filed against fiduciaries of defined contribution plans in the last eight years, asserting claims of fiduciary imprudence for alleged excess plan fees or inadequate performance of investment options. This presentation will review the types of claims being asserted, the key fiduciary issues in these cases, and key court decisions on motions to dismiss and summary judgment. It will analyze several cases to learn how these cases are resolved, analyze what fiduciaries can learn from these cases, and conclude with best practices and lessons learned from the fiduciary imprudence cases to lower your plan’s chance of being sued.

• A prudent fiduciary process will not eliminate litigation risk.
• The most effective way to reduce your plan’s fiduciary risk for recordkeeping
• The most effective way to reduce your litigation risk for excess investment fee and performance claims

Addressing employees’ questions about how to easily access their benefits and HR information is an ongoing challenge. Learn about NRG’s journey from the beginnings of a small benefits microsite to an Employee Experience Platform, including where they started, the problems they were trying to solve, how they got there, and how they continually measure behaviors and success. We’ll take a holistic look at how NRG’s PowerUp website became a one-stop shop for everything HR, providing employees with a single starting point to access all the information they care about, including benefits, compensation, payroll, new hire onboarding, total rewards and more!

• The value of having an HR digital strategy to drive and support the employee experience
• Building the foundation of HR content transformation and how to have good governance to keep the content current and relevant
• How to be “future ready” for generative AI technology

Benefits have been evolving through time and are currently having a renaissance for the attraction and retention of talent. Talent is harder to locate, there are skill shortages, and attracting a disproportionate share of great talent sets high performing organizations apart from their competitors. Join us for a deep dive into building modern benefit programs to meet the new realities of finding talent that are value driven and incorporate diversity, equity, inclusion and belonging (DEIB). These values will better inform plan sponsors and consultants on reprogramming benefits to meet modern demands.

• Evolution of benefit landscape in Canada
• Value-based design options for benefit programs
• DEIB design options for benefit programs

Even those who want to embrace healthy habits often struggle to convert good intentions into healthy behaviors. This session will discuss why knowing doesn’t always translate into doing, examine the cultural and organizational forces that undermine behavior change, and outline the key elements of successful lifestyle interventions. Beyond theoretical frameworks, we also need practical ways to apply these insights in our very nontheoretical workplaces. This presentation offers a grounding in the behavioral science as well as case studies applying these principles to traditional, hybrid and multi-site workplaces. It also includes a checklist of best practices to assess and improve any program or initiative.

• Key elements of the health action process approach framework
• Determinants of self-efficacy and features of effective self-regulation
• Best practices for designing and implementing effective health/lifestyle interventions

Benefits professionals have conquered COVID, the Great Resignation and the transition to remote work. Did these events leave any “marks” on companies’ retirement plan? Over the past three years, there has been rapid automation of business processes, including integration between employer HRIS systems, payroll systems and the retirement plan recordkeeping systems, along with increased turnover. This session will share some amazing findings from recent ERISA audits and will include what went wrong, how it was ultimately discovered and how the employer approached correction. Learn to spot irregularities and prevent or detect issues and keep in compliance with DOL regulations.

• A checklist to self-review throughout the year to catch potential issues before the annual audit
• Important considerations when changing payroll software platforms or plan service providers and how to avoid costly issues during implementation
• How business acquisitions, plan mergers and plan terminations can impact the plan reporting and whether audits are required

Employers are investing heavily in health-related benefits, but is this investment paying off with healthier employees? In a first-of-its-kind research initiative, Fidelity Health^SM Thought Leadership surveyed doctors, nurses and mental health professionals to better understand clinicians’ perspectives on how benefits are working for employees. The findings are clear: Employers have myriad opportunities to improve the employee experience, such as preparing employees to discuss benefits with their doctors or providing more hands-on benefits education in the workplace. Capitalizing on these opportunities could increase employee satisfaction and maximize the clinical return on investment in these benefits.

• Key pain points clinicians face with employer sponsored health benefits
• New opportunities to improve the employee experience with the health systems
• Practical strategies to consider to help clinicians more effectively treat patients

In 2023, the Department of Labor issued long-awaited proposed guidance detailing the analysis health plans are required to perform and maintain to demonstrate that their mental health benefits are being provided in parity with their medical/surgical benefits. These proposed rules represent a sweeping change in approach and requirements with regard to any nonquantitative treatment limitations a plan may contain than had been previously understood. They include a number of new provisions, updated requirements and a new certification of the results of the analysis by a named fiduciary. This session will detail the proposed regulations and changes as well as areas that plans have identified as particularly challenging.

Takeaways

• Understand the new requirements for mental health parity
• Identify implementation challenges and solutions
• Develop a roadmap for compliance

When it comes to the total rewards package you provide, it is not what employees get that counts, but what they keep after taxes. While both the 401(k) and HSAs have been available for decades, most small employers don’t offer either a 401(k) or HSA-capable coverage. Unless you offer both, where plan designs anticipate diverse financial capability/fragility, neither program by itself will deliver optimal value. This session demonstrates why 401(k) and HSA are better together, and how they combine to meet almost all worker financial resilience/ wellness needs. 

Takeaways

• Why the HSA is oftentimes superior to the Health FSA and 401(k)
• Which should come first when it comes to saving—is it the 401(k) nest “egg” or the HSA “chicken”?
• Plan sponsors and workers can lower current expenses and save for retirement by using the 401(k) and HSA in tandem.

Interest in weight-loss drugs is impacting plans across the country. While the jury is still out their side effects and on their impact on overall health, it’s clear that some patients are experiencing remarkable results. In the face of the demand for these drugs, employers need a plan for how to manage cost growth and determine the most clinically valid coverage policies. Explore case studies that delve into drug efficacy, safety, and how plan sponsors can balance coverage and cost. 

Takeaways

• What is known about these drugs and how they compare to one another
• Evaluating safety concerns
• Incorporating behavioral health programs in conjunction with weight-loss drug coverage

Given how much sensitive data is at risk, it’s clear that no organization is immune to a cyber attack. Protection from data breaches requires ongoing vigilance, awareness and a collaborative team. It also requires a cybersecurity incidence response plan, coordination with federal and provincial privacy laws, and security standards best practices. These include breach notification requirements, recordkeeping and reporting, and reputation management and communication strategies. If vulnerabilities are discovered, learn how to address them, prioritize them and learn from the experience.

Takeaways

• Reviewing provider agreements and internal data storage practices to identify vulnerabilities
• How to review and select software, hardware and insurance policies dedicated to cyberattacks
• Critical steps to take when (not if) you experience a cyberattack