| NEWS | Braun Consulting News |
| LETTER |
| Vol. 3 No. 1 Spring 1997 |
See our Web Page for Updates:
http://www.BraunConsulting.com/ bcg/braun.htm. |
Alternative Dispute Resolution
| INSIDE New Test Program for Medical Savings Accounts....1 ADA and "Reasonable Accommodation".................1 401 (k) Basics.....................1 Texaco Revisited: Recordings in Employment Litigation......1 "Time Off" Alternative to Overtime Pay.2 Did you know?:...................2 Sexual Harassment In The News.......................2 "Internet Code of Conduct - Model Policy".....................2 EEO & Arbitration "Gilmer revisited in DC".......2 "In House" Arbitration? Your Program Must Be Good!...................3 In Arbitration: Sexual Harassment...............3 Family Medical Leave Act Reminder.............................3 Quick Tips:..........................3 Repetitive Stress Injuries - A Common Sense Approach............................3 What is Carpal Tunnel Syndrome?..........................3 Questions or Concerns.........3 The Contents of this News Letter are intended for general information and should not be construed as legal advise or opinion. 1326 Fifth Ave., #339 Seattle, Washington 98101 Contact Braun-BCG
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Beginning in 1997, certain individuals (those who work for companies with 50 or fewer employees or are self-employed) may participate in a medical savings account (MSA) plan. The plan will have two components: (1) a catastrophic health insurance policy with a high deductible (for individual coverage, at least $1500; for family coverage, at least $3,000) and (2) a medical savings account. The MSA is a trust created / organized in the US only for the purpose of paying qualified medical expenses (Sec. 213 d) of the account holder and qualified dependents. Trustee is a bank, insurance company or Secretary approved entity. No part of trust assets will be invested in life insurance contracts. Cash only contributions required except allowed rollovers. Annual tax exempt contributions may not exceed the maximum allowed. This may be the future of medical coverage. CA:5: It is important, for purposes of proving ADA discrimination, to distinguish between employer's knowledge of employee's disability verses its knowledge of any limitations experienced by employee as result of that disability, since ADA requires employersreasonably to accommodate limitations, not disabilities. |
Eligibility - 21 years of age Service - 2 years, 1 year if vesting schedule Exclusions - Union employees, Nonresident employees, any other classes Types of contribution - Employee deferral, employer match, discretionary, QNEC (Qualified Non Elective Contribution), QMAC (Qualified Matching Contribution), and after tax Maximum contribution - 25% or $30,000 Maximum compensation - $150,000 Types of plans - Defined Benefit, Defined Contribution 401 (k) is now available to tax exempt 501 (c) (3) as well as other exempt. New rules on owners contributions lets managers put away more. State laws regarding tape recordings and wiretaps will preempt federal statutes in most litigation. State wiretap and surveillance statutes come in two types: (1) Those that - like the federal statute - allow taping with the consent of one party to the conversation; and (2) those that require the consent of all parties to the conversation. The federal statute does not preempt more restrictive state statutes. SeeUS. v. Felton, 592 F. Supp. 172, 193 (W.D. Pa. 1984). The Washington statute requires all-party consent to taping, and contains the additional requirement that the recording party make an announcement to all parties to the conversation on the tape itself that the conversation is to be recorded. Wash. Rev. Code Ann. 9.73.030 (West 1988). The actual consent does not need to be recorded.
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1326 5th Ave, Suite 339 / Seattle, WA 98101
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