Exam 3: Regulating Employee Benefits

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Discuss the recent enactment of GINA (2008)and its relevance to benefit plans.(Genetic Information Nondiscrimination Act of 2008)

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Main Points
● Congress enacted the GINA to protect job applicants,current and former employees,labor union members,and apprentices and trainees from discrimination based on genetic information by making unlawful the misuse of genetic information to discriminate in health insurance and employment.
● Title I of GINA applies to employer-sponsored group health plans.
● Title II prohibits the use of genetic information by employers and others and limits them from disclosing genetic information.
● GINA covers both private and public sectors.
● Recent developments in the field of genetics,human genome decoding,and genetic tests can inform individuals whether they may be at risk for developing a specific disease or disorder.
● As a result,individuals possess concerns about whether they may be at risk of losing access to health coverage or employment if insurers or employers have their genetic information.
● The Equal Employment Opportunity Commission enforces GINA.

The Pension Protection Act of 2006 was passed for the protection of defined benefit plans only.(The Pension Protection Act of 2006)

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False

Which of the following is a mandatory collective bargaining subject? (Labor Unions and Employee Benefits: The National Labor Relations Act of 1935)

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A

Qualified benefit plans are given favorable tax treatment,because they meet certain ERISA guidelines.(The Employee Retirement Income Security Act of 1974)

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The Older Workers Benefit Protection Act set limits on the development and implementation of employer early retirement practices.(The Age Discrimination in Employment Act of 1967 (ADEA))

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Title I on ERISA requires employers to report detailed financial and actuarial data about their benefits plan to the US Department of Labor.(Title I: Protection of Employee Rights)

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The Equal Employment Opportunity Commission enforces FLSA.(The Fair Labor Standards Act of 1938)

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The Equal Pay Act is an amendment to ERISA and is designed to insure that women and men receive equal pay for equal work.(The Equal Pay Act of 1963)

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Under the Patient Protection and Affordable Care Act of 2010,employers with at least ____ employees are required to offer affordable health insurance to full-time employees.(Patient Protection and Affordable Care Act of 2010)

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This term refers to an unfunded deferred compensation plans for a select group of highly compensated employees? (The Employee Retirement Income Security Act of 1974)

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ERISA,Title IV established the Pension Benefit Guarantee Corporation which is funded by the EEOC.(Title IV: Plan Termination Insurance)

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FICA and FUTA are the main taxes that apply to employee benefits.(The Internal Revenue Code)

(True/False)
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The Pension Protection Act does not provide any advantages for the Pension Benefit Guarantee Corporation.(The Pension Protection Act of 2006)

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Under the Equal Pay Act of 1963,what are skill,effort,responsibility and working conditions referred to as? (The Equal Pay Act of 1963)

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The Lorance v.AT&T Technologies decision is an important example of the Civil Rights Act of 1991.(The Civil Right Act of 1991)

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This Title of ERISA has the IRC provisions pertaining to the taxation of employee benefits and pension plans.(Title II: Amendments to the Internal Revenue Code Relating to Retirement Plans)

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The Equal Pay Act is an amendment of ERISA.(The Equal Pay Act of 1963)

(True/False)
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Diversifying a pension plan's investments to minimize the risk of large losses is considered a fiduciary responsibility.(Title I: Protection of Employee Rights)

(True/False)
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The NLRA applies to agricultural and domestic workers.(Labor Unions and Employee Benefits: The National Labor Relations Act of 1935)

(True/False)
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Patients' consent is required for use and disclosure of health records as of 2003.(The Health Insurance Portability and Accountability Act of 1996)

(True/False)
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