_________________________________________________________________

  E M P L O Y E E   B E N E F I T S ,   C O M P E N S A T I O N
                    &   P E N S I O N   L A W
                  Vol. 5,  No. 14: July 29, 2004
_________________________________________________________________

Publisher:     LSN Employment, Labor, Compensation & Pension Journals
               a division of
               Social Science Electronic Publishing, Inc. (SSEP)
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Editor:        PAMELA PERUN
               Urban Institute
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Copyright:     SSEP, Inc. 2004. All rights reserved.

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                      Topic of This Issue:
                      Health and Employment
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T A B L E   of   C O N T E N T S
_________________________________________________________________


NEW and FORTHCOMING ARTICLES

"Medicare Program Takes On More Income-Related Features"
      EBRI Notes, Vol. 25, No. 5, May 2004
     PAUL FRONSTIN
        Employee Benefit Research Institute (EBRI)
     JIM JAFFE
        Employee Benefit Research Institute (EBRI)
     DALLAS L. SALISBURY
        Employee Benefit Research Institute (EBRI)


"Health Savings Account: A New Defined Contribution Health Plan"
      Tax Strategies, Vol. 72, p. 196, April 2004
     BARRY SALKIN
        Winston & Strawn LLP


"The Impact on Employment-Based Health Benefits of the Shift from
 a Manufacturing Economy to a Service Economy"
      EBRI Notes, Vol. 25, No. 6, June 2004
     PAUL FRONSTIN
        Employee Benefit Research Institute (EBRI)


"Health Care Expenses in Retirement and the Use of Health Savings
 Accounts"
      EBRI Issue Brief, No. 271, July 2004
     PAUL FRONSTIN
        Employee Benefit Research Institute (EBRI)
     DALLAS L. SALISBURY
        Employee Benefit Research Institute (EBRI)

WORKING PAPERS

"International Comparisons of Work Disability"
     JAMES BANKS
        Institute for Fiscal Studies & University College
     ARIE KAPTEYN
        RAND
        Institute for the Study of Labor (IZA)
     JAMES P. SMITH
        RAND
        Institute for the Study of Labor (IZA)
     ARTHUR H.O. VAN SOEST
        The RAND Corporation
        Santa Monica CA Offices
        Institute for the Study of Labor (IZA)


"Crime and Early Retirement Among Older Americans"
     OLIVIA S. MITCHELL
        Wharton School
        National Bureau of Economic Research (NBER)


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EDITORIAL POLICIES
 To provide the broadest coverage of research in Employee
 Benefits, Compensation & Pension Law we do not referee working
 papers. We accept abstracts of working papers in Employee
 Benefits, Compensation & Pension Law whose topics suit the
 coverage of the journal and which are part of the worldwide
 scholarly discourse.


N E W   and   F O R T H C O M I N G   Articles
_________________________________________________________________

"Medicare Program Takes On More Income-Related Features"
      EBRI Notes, Vol. 25, No. 5, May 2004

      BY:  PAUL FRONSTIN
              Employee Benefit Research Institute (EBRI)
           JIM JAFFE
              Employee Benefit Research Institute (EBRI)
           DALLAS L. SALISBURY
              Employee Benefit Research Institute (EBRI)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=550982

 Contact:  PAUL FRONSTIN
   Email:  Mailto:FRONSTIN@EBRI.ORG
  Postal:  Employee Benefit Research Institute (EBRI)
           Suite 600
           2121 K Street, NW
           Washington, DC 20037-1896  UNITED STATES
   Phone:  202-775-6352
     Fax:  202-775-6312
 Co-Auth:  JIM JAFFE
   Email:  Mailto:jaffe@ebri.org
  Postal:  Employee Benefit Research Institute (EBRI)
           Suite 600
           2121 K Street, NW
           Washington, DC 20037-1896  UNITED STATES
 Co-Auth:  DALLAS L. SALISBURY
   Email:  Mailto:SALISBURY@EBRI.ORG
  Postal:  Employee Benefit Research Institute (EBRI)
           Suite 600
           2121 K Street, NW
           Washington, DC 20037-1896  UNITED STATES

ABSTRACT:
 When Medicare was enacted in 1965 it was financed in a manner
 similar to Social Security. Workers and employers were required
 to pay the same tax rate for Medicare Part A (Hospital
 Insurance), up to the Social Security wage base, and
 beneficiaries paid the same premium for Medicare Part B
 (Supplemental Medical Insurance), when opted. All beneficiaries
 received the same benefits. Legislation in 1988 eliminated the
 first of these commonalities: The Qualified Medicare Beneficiary
 (QMB) program covers Medicare cost sharing and Part B premiums
 for anyone with income below the poverty level. In 1990,
 legislation created a separate, higher, cap on the amount of
 income to be taxed for financing Part A. The cap was eliminated
 entirely in 1994. Legislation enacted in 2003 (the Medicare
 Prescription Drug, Improvement and Modernization Act), which
 added a prescription drug benefit, also moved away from the
 principal of commonality as it eliminated the flat Part B
 premium for all beneficiaries. Today, the highest-paid workers
 pay higher payroll taxes and starting in 2007 the highest-income
 beneficiaries will pay a higher Part B premium. Otherwise, all
 Medicare beneficiaries will have access to the same benefits,
 regardless of income. This latest change has received very
 little attention since it only affects the highly paid, but it
 may be indicative of changes that will become necessary in the
 future to keep Medicare solvent. The issue of Medicare changes
 that require higher payments by higher income workers and
 retirees is a potentially thorny one that cuts in ways that
 often seem counterintuitive. Regardless of the politics of
 particular retiree health issues, the combination of the erosion
 of retiree health benefits and limited benefits from Medicare
 means that beneficiaries at all income levels should expect to
 pay a significant amount of money for health insurance and
 health care services.

 The PDF for the above title, published in the May 2004 issue
 of EBRI Notes, also contains the fulltext of another May 2004
 EBRI Notes article abstracted on SSRN: "Retirement Accounts and
 Wealth, 2001."


JEL Classification: I1, I18, J14
______________________________

"Health Savings Account: A New Defined Contribution Health Plan"
      Tax Strategies, Vol. 72, p. 196, April 2004

      BY:  BARRY SALKIN
              Winston & Strawn LLP

 Contact:  BARRY SALKIN
   Email:  Mailto:Bsalkin@winston.com
  Postal:  Winston & Strawn LLP
           200 Park Avenue
           New York, NY 10166-4700  UNITED STATES

    Note: This is a description of the paper and not the actual
          abstract.

ABSTRACT:
 There has been a recent shift in the delivery of health care
 benefits to employees from defined benefit health plans to
 defined contribution health plans. The Medicare Prescription
 Drug, Improvement and Modernization Act of 2003 (MPDIMA)
 introduced a new form of plan, a health savings account, or HSA.
 HSAs are based upon medical savings accounts, or Archer MSAs,
 but improve upon them in several respects. HSAs are tax favored
 accounts resembling IRAs that eligible individuals who are
 covered by a high deductible health plan (HDHP) can use to pay
 for qualified medical expenses. HDHPs are health plans,
 including employer sponsored self-insured medical reimbursement
 plans, that have a deductible that is at least $1,000 for self
 only coverage or $2,000 for family coverage, with limits on out
 of pocket expenses not to exceed $5,000 in the case of self only
 coverage and $10,000 in the case of family coverage. A plan does
 not fail to be a HDHP simply because it does not have a
 deductible or imposes a lesser deductible for preventive care,
 although preventive care is not defined in either the MPDIMA or
 recent IRS guidance. In general, eligible individuals for HSAs
 are individuals who are covered by a HDHP and no other health
 plan that is not a HDHP, although there are exceptions for
 permitted insurance and permitted coverage. Contributions to a
 HSA must be made in cash, and the maximum annual aggregate
 contribution that can be made to a HSA is the lesser of the
 annual deductible under the HDHP, or the maximum deductible
 permitted under an Archer MSA high deductible health plan, both
 as adjusted for inflation. In a rule analogous to the catch-up
 contribution rule for 401(k) plans and IRAs, individuals who
 have attained age 55 may contribute an additional $500 beginning
 in 2004, phasing up in annual $100 increments to $1,000 in 2009.
 However, contributions to a HSA are not permitted once an
 individual is eligible for Medicare. Special rules apply for
 married couples. Contributions to a HSA can be from one of three
 sources - employee contributions, employer contributions, or
 rollovers from another HSA or Archer MSA. The employer
 contributions to a HSA, which include salary reduction
 contributions made through a cafeteria plan, are generally
 excludable from gross income and wages for employment tax
 purposes. If an employer makes contributions to employees' HSAs,
 the employer must make available comparable contributions on
 behalf of all employees with comparable coverage during a
 comparable period, although the legislative history of MPDIMA
 indicates that the comparability rule does not apply to employer
 contributions made through cafeteria plans. Employer
 contributions that fail to satisfy the comparability
 requirements are subject to a 35% excise tax. Individuals may
 receive distributions from a HSA at any time, the tax
 consequences of which differ depending upon whether the
 distribution is used for qualified medical expenses. If it is
 not used for qualified medical expenses it is includible in
 gross income, and also subject to a 10% excise tax, unless
 certain conditions are satisfied. The article also compares HSAs
 to health reimbursement accounts, and considers the advantages
 and disadvantages of an employer establishing a HSA.

______________________________

"The Impact on Employment-Based Health Benefits of the Shift from
 a Manufacturing Economy to a Service Economy"
      EBRI Notes, Vol. 25, No. 6, June 2004

      BY:  PAUL FRONSTIN
              Employee Benefit Research Institute (EBRI)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=558268

 Contact:  PAUL FRONSTIN
   Email:  Mailto:FRONSTIN@EBRI.ORG
  Postal:  Employee Benefit Research Institute (EBRI)
           Suite 600
           2121 K Street, NW
           Washington, DC 20037-1896  UNITED STATES
   Phone:  202-775-6352
     Fax:  202-775-6312

ABSTRACT:
 This paper examines one structural change in the work force that
 has contributed to the decline in employment-based health
 benefits: the movement of workers from the manufacturing sector
 to the service sector. Between 1987 and 2002 not only did the
 percentage of workers in the manufacturing sector decline, but
 the probability that a worker in this sector had
 employment-based health benefits dropped as well, from 79
 percent to 70 percent.

 The PDF for the above title, published in the June 2004 issue
 of EBRI Notes, also contains the fulltext of another June 2004
 EBRI Notes article abstracted on SSRN: "The Inflation Rate and
 the Actuarial Balance of the OASDI Trust Funds."


JEL Classification: E24, I1, J32
______________________________

"Health Care Expenses in Retirement and the Use of Health Savings
 Accounts"
      EBRI Issue Brief, No. 271, July 2004

      BY:  PAUL FRONSTIN
              Employee Benefit Research Institute (EBRI)
           DALLAS L. SALISBURY
              Employee Benefit Research Institute (EBRI)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=569245

 Contact:  PAUL FRONSTIN
   Email:  Mailto:FRONSTIN@EBRI.ORG
  Postal:  Employee Benefit Research Institute (EBRI)
           Suite 600
           2121 K Street, NW
           Washington, DC 20037-1896  UNITED STATES
   Phone:  202-775-6352
     Fax:  202-775-6312
 Co-Auth:  DALLAS L. SALISBURY
   Email:  Mailto:SALISBURY@EBRI.ORG
  Postal:  Employee Benefit Research Institute (EBRI)
           Suite 600
           2121 K Street, NW
           Washington, DC 20037-1896  UNITED STATES

ABSTRACT:
 The new Medicare drug law that was enacted in late 2003 makes
 two changes that supporters of the law say should make it easier
 for today's workers to prepare to pay the medical bills they
 will confront in retirement: prescription drug benefits (the new
 Medicare Part D) and health savings accounts (HSAs). This paper
 examines the impact of Medicare Part D on savings needed for
 insurance premiums to supplement Medicare, Medicare Part B and D
 premiums, and out-of-pocket expenses in retirement, and examines
 the viability of using HSAs to save for these expenses. It
 presents a wide range of estimates based on various ages at the
 time of death, because longevity risk is a major threat to
 retirement income security. This range of estimates also varies
 with various assumptions regarding health insurance premium
 inflation rates and out-of-pocket expenses. Projecting the
 amount needed for medical expenses in retirement is tentative
 and complex because it requires conclusions about the range by
 which medical inflation will exceed consumer prices generally,
 as well as assumptions about whether medical practices will
 change in a way that makes Medicare coverage for a given ailment
 more or less likely.


JEL Classification: H51, I1, I18, J1, J14
______________________________

W O R K I N G   P A P E R   Abstracts
_________________________________________________________________

"International Comparisons of Work Disability"

      BY:  JAMES BANKS
              Institute for Fiscal Studies & University College
           ARIE KAPTEYN
              RAND
              Institute for the Study of Labor (IZA)
           JAMES P. SMITH
              RAND
              Institute for the Study of Labor (IZA)
           ARTHUR H.O. VAN SOEST
              The RAND Corporation
              Santa Monica CA Offices
              Institute for the Study of Labor (IZA)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=533807

Paper ID:  IZA Discussion Paper No. 1118
    Date:  April 2004

 Contact:  ARTHUR H.O. VAN SOEST
   Email:  Mailto:A.H.O.vanSoest@uvt.nl
  Postal:  The RAND Corporation
           Santa Monica CA Offices
           P.O. Box 2138
           1700 Main Street
           Santa Monica, CA 90407-2138  UNITED STATES
 Co-Auth:  JAMES BANKS
   Email:  Mailto:J.W.BANKS@UCL.AC.UK
  Postal:  Institute for Fiscal Studies & University College
           7 Ridgmount Street
           London WC1E 7AE,    UNITED KINGDOM
 Co-Auth:  ARIE KAPTEYN
   Email:  Mailto:kapteyn@rand.org
  Postal:  RAND
           P.O. Box 2138
           1700 Main Street
           Santa Monica, CA 90407-2138  UNITED STATES
 Co-Auth:  JAMES P. SMITH
   Email:  Mailto:james_smith@rand.org
  Postal:  RAND
           P.O. Box 2138
           1700 Main Street
           Santa Monica, CA 90407-2138  UNITED STATES

ABSTRACT:
 Self-reported work disability is analyzed in the US, the UK and
 the Netherlands. Different wordings of the questions lead to
 different work disability rates. But even if identical questions
 are asked, cross-country differences remain substantial.
 Respondent evaluations of work limitations of hypothetical
 persons described in vignettes are used to identify the extent
 to which differences in self-reports between countries or
 socio-economic groups are due to systematic variation in the
 response scales. Results suggest that more than half of the
 difference between the rates of self-reported work disability in
 the US and the Netherlands can be explained by response scale
 differences. A similar methodology is used to analyze the
 reporting bias that arises if respondents justify being on
 disability benefits by overstating their work limiting
 disabilities.


JEL Classification: J28, I12, C81
______________________________

"Crime and Early Retirement Among Older Americans"

      BY:  OLIVIA S. MITCHELL
              Wharton School
              National Bureau of Economic Research (NBER)

Paper ID:  Boettner Working Paper No. 2004-1
    Date:  November 2003

 Contact:  OLIVIA S. MITCHELL
   Email:  Mailto:mitchelo@wharton.upenn.edu
  Postal:  Wharton School
           Philadelphia, PA 19104-6365  UNITED STATES
   Phone:  215-898-7620
     Fax:  215-898-0310

ABSTRACT:
 This paper investigates the relationship between local crime
 rates and the retirement decisions of older Americans. We do so
 by linking data from the Health and Retirement Study with
 measures of local crime patterns taken from the Federal Bureau
 of Investigation's Unified Crime Reports. If we condition on
 crime rates alone, there is either a weakly positive or no
 relationship between local crime patterns and older men's
 propensity to retire early. But unobservable factors associated
 with early retirement may be correlated with residence in
 higher-crime rate cities, so next we condition on both the
 expectation for the crime rate and deviations from average crime
 levels. We find a positive and statistically significant
 association between early retirement and expectations for murder
 rates, and a positive but, on average, imprecisely estimated
 positive association between early retirement and unexpected
 increases in crime.

 The effect of unanticipated increases in crime is greatest,
 and significant for those in poor health. In this latter group,
 men are 14 percent more likely to retire early given a standard
 deviation increase in unexpected murder rates. These findings
 are consistent with a pattern of more early retirement among
 those who live in higher crime areas, and earlier retirement
 among those in poor health when crime levels rise above
 anticipated levels.