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The Retail EmployerJune 2009
Are you paying too much for credit card processing?
How do you know for sure?
Get a straight answer from RMA endorsed provider RBS WorldPay. Mary Baldoni has been making a name for herself among members by saving them real dollars. Call her at 804-873-5288 or email mary.baldoni@rbsworldpay.us And make sure you say you are an RMA member.
Virginia's Mini-COBRA
As most employers are now aware, the American Recovery and Reinvestment Act of 2009 (“Act”) amended the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) to, among other things, provide a premium subsidy for certain individual who lose health coverage in connection with an involuntary termination of employment. The Act has affected every employer that sponsors a group health plan for employees and has terminated or laid off an employee on or after September 1, 2008. Employers have had to act quickly to implement new notice requirements, including notification to former employees, and adjust payroll tax administration to administer the temporary federal subsidy of COBRA premiums.
What is the federal subsidy?
Under the Act, for COBRA coverage periods beginning on or after the date the Act was signed into law, “assistance eligible individuals” can be required to pay no more than 35% of the applicable COBRA premium. Employers that provide group health coverage need to cover the remaining 65% of the premiums until reimbursement can be requested from the federal government, which can be obtained as a credit against their quarterly federal employment tax filings.
Does the subsidy apply to small health plans (generally, those with fewer than 20 employees) in Virginia?
In general, COBRA does not apply to small health plans where the employer (which includes certain companies, if any, related to the employer) sponsoring the plan has fewer than 20 employees. In some states, these plans are subject to state (or “mini-COBRA”) statutes that mandate various levels of continuation coverage. Under the Act, the subsidy is available with respect to such plans where the state continuation coverage requirements are comparable to the continuation coverage requirements under COBRA.
Through House Bill 2024, Virginia enacted legislation to ensure that the federal subsidy would be available to small health plans in Virginia not covered by COBRA. Among other things, HB 2024 requires that certain employees of small employers whose group health insurance coverage does not provide for continuation of coverage under federal COBRA, and who are involuntarily terminated between September 1, 2008, and December 31, 2009, be offered the option to continue their existing group health insurance coverage for a period of up to nine (9) months after termination or notification pursuant to the statute. Premium payments may not exceed 102% of the insurer’s applicable current premium rate for the group policy.
Employers with plans subject to House Bill 2024 must provide notification of the availability of continuation as follows:
- Notification must be provided to those employees whose employment was terminated on or after September 1, 2008, and prior to February 17, 2009, in accordance with Section 3001 of the federal Act;
- Notification must be provided to those employees whose employment was terminated on or after February 17, 2009, and prior to April 8, 2009, no later than June 8, 2009 (60 days following April 8, 2009) or the employee's termination, whichever is later; and
- Notification must be provided to those employees whose employment was terminated after April 8, 2009, no later than 30 days following the date of the employee's termination;
The employee must elect continued coverage no later than 60 days following notification of plan enrollment options.
HB 2024 incorporates all other provisions, restrictions and limitations contained in the federal Act.
For answers to questions on the federal COBRA statute, or Virginia’s mini-COBRA, please contact David E. Nagle or Jeanne Montross at Jackson Lewis LLP. Jackson Lewis LLP is a national workplace law firm with over 500 attorneys in 40 offices across the nation, all dedicated to representing management in workplace law and related litigation. David can be reached at (804) 648-4077, or nagled@jacksonlewis.com, while Jeanne can be reached at (804) 212-2860 or montrossj@jacksonlewis.com.
Calls requesting information on the Employment Law Information Program should be directed to Preston Perrin with the Retail Merchants Association at 804-662-5500.
Back to topMember News & Events
RMA's Bank Loan Resource Day—Great Success!
Somehow, we found separate spaces for 12 banks plus the SBA—where they could conduct information mini-sessions…and with the first general session full, we opened a second one! Close to 200 business attendees gathered a wide variety of information…and phone calls are still pouring in to the office, requesting more information (we’ll be mailing some information later this week.) Great media coverage by Channel 12 and Channel 6—plus pre-event announcements in the RTD and other media. Special thanks to all the organizations who also helped us spread the word. If you were there and want to comment or make a suggestion, please go the Retail Merchants FaceBook Fan Page and see the latest discussion! We DO want to know what you have to say.
Retail Merchants Association Fan Page
Now on FaceBook!
All the news fit to share!!! Be sure to sign on to our new page. Click here to go to the page. And help us spread the word. Not on FaceBook yet? It is surprisingly easy….and you don’t have to do it all at once. Visit www.facebook.com.
The Law of Logos: Introductory Legal & Marketing Perspectives on Trademarks
June 25, 2009, 8:30–10:00 a.m.
Retail Merchants Association, 5101 Monument Avenue
The trademark attorneys of the Brandwise Law Firm, P.C. are excited to present a free seminar entitled The Law of Logos: Introductory Legal & Marketing Perspectives on Trademarks to members of the Retail Merchants Association.
The seminar typically lasts at least 90 minutes and addresses the following topics:
- What a trademark is
- Why a trademark is important
- How to select a trademark
- Ownership rights
- Legal liabilities
- Proper & improper uses of a trademark
- Trademark protection
- Trademark maintenance
Space for this event is limited. If you would like to attend please RSVP to rsvp@brandwiselaw.com. To learn more about this event and the Brandwise Law Firm, P.C., visit www.brandwiselaw.com/rrma.html.
Midas Blood Drive on Saturday
This Saturday, the 27th, Midas of Richmond will be hosting our 4th Blood Drive of the year in Short Pump, Hull Street, Mechanicsville and Colonial Heights. You may have heard about this before and you may have participated (Thanks!)—if you are looking for more details, check out WWW.VABLOOD.ORG, and click on the Midas icon.
You can donate blood 5 times a year and VBS needs your blood right now! It takes about 30 minutes, you save 3 lives and you make a difference in your community! Think about the impact that makes in Central Virginia! In exchange for that, you get free car care from Midas! If you donate at more than one of our drives a year, you get that much more car care. Want a free state inspection? Give twice!! Want a free air filter? Give three times!!! Want a shot at being one of fifteen people who will win two or four Bridgestone/Firestone tires? Give four and five times!!!! It is that easy—You take care of your community and we take care of your car!
Powhatan Gardening Seminar
Saturday, June 27, 2009 3:00–4:00 p.m.
Fighting Creek Park Picnic Pavilion—Powhatan
Sponsored by the Goochland Powhatan Master Gardener Association and Virginia Cooperative Extension.
Native Plants in the Landscape—Short Talk by a tour of the Native Plant Trail behind the library.
FREE to the public—for more information contact Richard Ayers, 804.598.2302.
Volunteer Now for 2009 Richmond Folk Festival
1,200 Volunteers Needed!
It takes upwards of 1,200 volunteers each year to produce the Richmond Folk Festival, and now is the time to secure a position at this year’s event! The 2009 Richmond Folk Festival is seeking volunteers to fill a variety of roles throughout the festival—October 9-11, 2009. Last year, the event drew 185,000 people to downtown Richmond’s historic riverfront, and another huge event is expected this year. Volunteers may choose the job they like, along with the specific date and time they would like to work. Most shifts are 4-hours and range from selling beverages & merchandise to safety escorts, site management, bucket brigade, assisting crafters, etc. Additionally, volunteers may sign up for pre- and post-festival set-up and tear-down duties. A unique real-time, on-line system is available for recruiting, tracking and coordinating volunteers. Potential volunteers are encouraged to visit richmondfolkfestival.com, click on Volunteers, then sign up for the volunteer opportunities available.
Shockoe Tomato Festival
Saturday, July 11, 11 a.m.–5 p.m.
17th Street Farmers’ Market, Free admission. A fun-filled family event for our Favorite Fruit! In glorious plentitude, you'll find tomatoes in every conceivable form, an array of Market vendors, live music, tomato-themed children's activities, crowd entertainment, and back by popular demand, the Tastiest Tomato Contest! For more information call 646-0477 or visit www.17thstreetfarmersmarket.com.
Rock On Romp ‘N Roll!
Richmond Magazine named Romp ‘N Roll in Glen Allen the best kids gym, best birthday party, and best art class. www.rompnroll.com
Upcoming Events
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The Retail Employer is published the fourth week of each month. Your comments and suggestions are welcome.
Contact:
Preston Perrin
(804) 662-5500
Fax: (804) 662-5507
e-mail
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