From PPL Electric Utilities

PPL Electric Utilities has received the 2019 Achievement Award from the Association of Edison Illuminating Companies (AEIC) for its groundbreaking, innovative technology that safely and automatically cuts power to downed power lines.

The award was presented Friday, Oct. 11, at AEIC’s annual meeting.

“Downed power lines may ultimately be unavoidable for an electric utility, but PPL has developed and is implementing this innovative technology to substantially cut the odds that such an event will have tragic results for its employees and the public,” said PPL Electric Utilities President Greg Dudkin. “Nothing is more important than safety.”

During a windstorm in late February 2019, PPL recorded the first successful operation of the new system, powering off a line that came down in a remote, wooded area. By the end of this year, PPL expects to have the new technology in place in about 1,500 locations across its service territory, wherever protective relays are involved.

Police officers, firefighters and other first responders can often be the first to encounter downed lines after motor vehicle accidents or during storms. PPL’s new tool will greatly enhance the safety operations of the power grid, keeping those people and PPL line workers safer.

“This really is a game changer,” Dudkin said. “Without being able to detect a downed wire and quickly de-energize it, danger still exists. We’re extremely proud to have successfully implemented this system and of all those involved in its development.”

PPL was able to build upon Schweitzer Electric Laboratories ArcSense™ downed wire detection technology already on its system. PPL engineers developed an algorithm that worked with ArcSense to safely and automatically cut power to that downed wire. PPL is currently patenting the automatic power-cutting technology.

The AEIC Achievement Awards are presented annually to an individual or groups of individuals from AEIC member companies who have clearly provided significant contributions to advancing the operations of the electric energy industry.

From PA Chamber of Business & Industry

Two PA Chamber supported bills were advanced by the Senate Labor and Industry Committee last week.

House Bill 68 would extend the period of time Pennsylvania employers have to apply for relief from charges in the Unemployment Compensation system.  Under the current system, when a worker is eligible for UC benefits, their base-year employer is “charged” for those benefits.  These charges are then factored into an employer’s experience-based tax rate.  The law recognizes there are situations in which it may not be fair to charge an employer for benefits paid to a specific worker.  In these cases, employers are given a 15 day window to request relief from charges.  This legislation extends the window for an employer to request relief from charges from 15 to 21 days, giving the employer extra time to navigate the sometimes complex request process.  The bill was unanimously approved by the committee.

Another bill to be considered by the committee last week was S.B. 922, legislation that would clarify language in the Workers’ Compensation Act as it relates to subrogation rights.  A long-standing principle of workers’ compensation has been the right of employers to be reimbursed for certain expenses if a third party is found liable for the injury.  Courts have upheld so-called subrogation rights in order to hold negligent third-parties accountable, mitigate the impact on non-negligent employers and prevent double recovery by claimants.  Subrogation has included allowing employers to offset future wage-loss and medical costs if the third party recovery exceeds the compensation paid by employer. However, in the 2018 Whitmoyer decision, the PA Supreme Court found that the ability to offset future costs only applied to wage-loss benefits, not medical expenses.  This legislation makes a technical change to address the Court’s concern.  The bill was approved on a 6 to 4 party line vote. 

The PA Chamber sent a memo in support of both bills prior to the committee votes. 

• Geisinger Bloomsburg Hospital offers its annual Veterans Day dinner to all U.S. veterans on tonight, Nov. 6 at the GBH dining room. This meal is complimentary for all veterans and one guest. Due to limited seating, however, reservations are required. There are four seatings at 3, 4, 5 and 6 p.m. To reserve your spot, call 570-387-2145. See the flyer for additional information and a menu. 

• LIFE Geisinger will hold its annual Open House on Tuesday, Nov. 12, from 3-6 p.m., at its location at 1100 Spruce St., Kulpmont. There will be light refreshments, door prizes and tours of the facility. LIFE Geisinger is a unique and innovative program for older adults designed to give them the support they need and continue living at home, and attendees will be able to learn more about the program, eligibility guidelines and see if it could be an option for them or a loved one. See the flyer for additional details and to RSVP. 

• For their service project this year, Life Skills students at Liberty Valley Intermediate School in the Danville Area School District will be making no-sew tie blankets and donating them to people in need. In support of this project, the program is looking for donations of fleece blanket fabric or money to purchase fabric. Any donation would be greatly appreciated and will go directly toward the student making blankets for the community. All donors will be recognized on a card that will be given to the community along with the blanket. If interested in donating for this project, please submit any donations by Friday, Nov. 15. Donations can be mailed to or dropped off at the school, located at 175 Liberty Valley Rd., Danville. Donations can also be picked up by calling Elise Truax at 570-271-3268, ext. 3675. For additional information, please see the letter. 

From PA Chamber of Business & Industry

Any employer potentially impacted by this proposal is encouraged to submit comments.  This may be your last opportunity to express concerns and influence the process.

Background

The PA Department of Labor and Industry is planning to advance a massive expansion to overtime eligibility by significantly increasing the salary for exempt status and imposing regular increases.  

The Department first released this proposal in 2018 and hundreds of employers submitted comments with concerns over cost increases and being forced to shift employees from salary to hourly in order to track hours and ensure they do not exceed 40 in a week.  Many predicted harm to employee morale and workplace culture if employees are required to clock in and out and lose the flexibility and stability that comes with earning a salary. The same concerns were raised in response to a similar proposal from President Obama, which a judge ultimately struck down.

The Independent Regulatory Review Commission is accepting comments through November 18 and will meet on November 21 to either approve or reject the proposal.

If you are concerned with this proposal, now may be the last opportunity to have your voice heard.

CLICK HERE TO SEND A LETTER TO IRRC

For more information or questions, contact Alex Halper at 717-720-5471 or email.

Attendees had an opportunity to take a tour of Berwick Hospital Center and see the various updates that have been made to the facility over the last year, as well as meet and talk with hospital administration, physicians and staff during October’s second Business After Hours, held on Oct. 23 at the hospital. 

Several members of the public also stopped in with their children to give them a chance to explore an ambulance, which parked outside during the event. Each child also went home with some candy, and with the event being held the same night as the Berwick Halloween parade, it provided a perfect activity for before the parade. 

Business After Hours provide regular opportunities to build business relationships while learning about the services offered by other Chamber members. The next Business After Hours, and the final one of 2019, will be held at Pretty Petals & Gifts by Susan, located at 158 East 9th St., Bloomsburg, on Wednesday, Nov. 20, from 4:30-6:30 p.m.   

From rabbittransit

• Plan Ahead: Extreme winter weather may cause delays in paratransit service, so please plan ahead and allow extra time for travel. This is especially important if you’re making a new trip or one you are not completely familiar with. If you need to update a standing ride or cancel a trip, call our Customer Call Center at 1-800-632-9063.
• Dress Warmly: Remember to dress for winter conditions. Vehicles will become cold during the loading and unloading process.
• Step Carefully: Bus floors and steps become slippery from snow & ice. Kick the snow from your shoes before stepping on board. Use the handrails and take your time. Always maintain three points of contact—one hand and two feet or two hands and one foot—when boarding the bus.
• Stay Informed: In case of inclement weather, rabbittransit may have delays. Sign up for Rider Alerts to receive an email or text message about unexpected service changes. Visit rabbittransit.org to sign up today.

From ChamberChoice 

Note: This is Part 2 of an article on medical loss ratios (MLR). See Part 1.

As a reminder, insurance carriers are required to satisfy certain medical loss ratio (“MLR”) thresholds. This generally means that for every dollar of premium a carrier collects with respect to a major medical plan, it should spend 85 cents in the large group market (80 cents in the small group market) on medical care and activities to improve health care quality.

If these thresholds are not satisfied, rebates are available to employers in the form of a premium credit or check. 

If a rebate is available, carriers were required to distribute MLR checks to employers by September 30, 2019. 

Importantly, employers must distribute any amounts attributed to employee contributions to employees and handle the tax consequences (if any).

This does not apply to self-funded plans.

The rules around rebates are complex and require careful review with ERISA counsel. Among other things, an employer receiving a rebate as a policy holder will need to determine:
• who receives a rebate (e.g., current participants v. former participants);
• the form of the rebate (e.g., premium reduction v. cash distribution);
• the tax impacts of any such rebate (on both the employer and participants receiving the rebate); and 
• what, if any, communication to provide participants regarding the rebate.

The following questions and answers summarize information regarding what employer action may be necessary.

When Do Rebates Need to Be Made to Participants?
As soon as possible following receipt and, in all cases, within 3 months of receipt.

What is the Form of Rebate to Participants?
There is no one way to determine this, but guidance has been provided to aid employers.

Reductions in future premiums for current participants is probably the best method.

If proceeds are to be paid to participants in cash, the DOL is likely to require that payments go to those who participated in the plan at the time the proceeds were “generated,” which may include former employees. An option that may be easier to administer is to keep the proceeds in the plan and provide a “premium holiday” (suspension of required premiums) or a reduction in the amount of employee-paid premiums.

The interim final regulations for non-ERISA governmental plans require that rebates be used to reduce premiums for all health plan options for subscribers covered when the rebate is received, to reduce premiums for current subscribers to the option receiving the rebate, or as a cash refund to current subscribers in the option receiving the rebate. In each case, the regulations allow the rebate to be allocated evenly or in proportion to actual contributions to premiums. Note that the rebate is to be used to reduce premiums for (or pay refunds to) employees enrolled during the year in which the rebate is actually paid (rather than the MLR reporting year on which the rebate was calculated).

To recap, here are some options to consider:
• Reduce future premiums for current plan participants. This is administratively easy with limited tax issues with respect to participants.
• Cash payments to current participants. This is administratively burdensome and results in tax consequences to participants.
• Cash payments to former participants. This is administratively burdensome and results in tax consequences to former participants.

The employer could also consider, with counsel, whether providing benefit enhancements or payment of reasonable plan expenses would be considered permissible.

What are the Federal Tax Implications to Employees?

Pre-Tax Premium Payments
When employees pay their portion of the premiums for employer-sponsored health coverage on a pre-tax basis under a cafeteria plan, MLR rebates will be subject to federal income tax and wages. Briefly:
• For rebates that are distributed as a reduction in premium (thus reducing an individual’s pre-tax premium payment during the year), there is a corresponding increase to the employee’s taxable salary that is also wages taxable for employment tax purposes.
• Rebates that are distributed as cash will result in an increase in taxable income that is also wages subject to employment taxes.

The result is the same regardless of whether the MLR rebates are provided only to employees participating in the plan both in the year employees paid the premiums being rebated and the year in which the MLR rebates are paid, or to all employees participating in the plan during the year the MLR rebates are paid (even if some employees did not participate in the plan during the year to which the rebate applies.)

After-Tax Premium Payments
When employees pay their portion of the premiums on an after-tax basis, MLR rebates generally are not subject to federal income tax or employment taxes. This applies when the rebate is provided as a reduction in premiums or as a cash. The result is the same regardless of whether the MLR rebates are provided only to employees participating in the plan both in the year employees paid the premiums being rebated and the year in which the MLR rebates are paid, or to all employees participating in the plan during the year the MLR rebates are paid (even if some employees did not participate in the plan during the year to which the rebate applies.)

What are the Tax Implications to Employers?
Employers should review the tax implications of a rebate with tax advisors. Generally, amounts used for benefits (e.g., to pay premiums with respect to insured plans) should not be taxable.

When Employees Pay Premiums on a Pre-Tax Basis, Does Reducing a Participant’s Premiums Mid-Year Allow Them to Make Election Changes?
Probably not.

If employee contributions are paid on a pre-tax basis and there is a mid-year rate change, the cafeteria plan must determine whether such a change is permitted under the Section 125 rules.

If the plan incorporates the permitted election change rules, the relevant issue is whether this change in cost is permitted under the regulations.
• If there is an insignificant decrease, there can be an automatic adjustment.
• If there is a significant decrease, employees may make a corresponding change including commencing participation in the cafeteria plan for the first time for the option with a decrease in cost.

Generally, MLR rebates are expected to be fairly low dollar amounts and may not rise to the level of a significant change. Employers should consider either taking the position that the cost change is insignificant or that the cost change is significant and the “corresponding change” is to simply allow the reduction or increase. The cafeteria plan document should be consistent with the employer’s position.

Jeff Emanuel

The U.S. Chamber of Commerce Foundation announced Jeffrey Emanuel, Director of the Foundation of the Columbia Montour Chamber of Commerce graduated from its premier business leadership program. The inaugural Business Leads Fellowship Program trained and equipped leaders from state and local chambers of commerce with resources, access to experts, and a network of peers to build their capacity to address the most pressing education and workforce challenges.

When asked about the Fellowship experience Jeff indicated, “This program allowed me to learn and collaborate with peers from all over the U.S.  We shared our successes, failures, challenges and opportunities.  The US Chamber provided experts willing to impart their knowledge and experiences inspiring us to take action toward improving business and education collaboration and workforce efforts back home.”

“As clearly displayed throughout this program, state and local leaders know better than anyone the critical link between education and economic development,” says Cheryl Oldham, senior vice president of the Center for Education and Workforce. “Not only did the Fellows gain a network of peers and experts in the field, the program is designed to help these leaders find opportunities to develop initiatives that will continue to advance the growth of their local economy and put education policy into practice.”

Following a competitive application and selection process, Jeffrey was selected along with 32 other state and local chamber executives to participate in the third cohort. The four-month program covered the entire talent pipeline, including early childhood education, K-12, higher education, and workforce development.

Upon completion, Business Leads Fellows join the U.S. Chamber of Commerce Foundation’s dedicated network of 200 chambers of commerce and statewide associations from around the nation who regularly engage on education and workforce initiatives.

From PA Chamber of Business & Industry

Following a directive from the state’s Independent Regulatory Review Commission to address concerns raised over its initial proposal and engage in additional stakeholder outreach, the PA Department of Labor & Industry issued an updated proposal to change the state’s overtime eligibility rules. 

By way of background, in 2018, the PA Department of Labor and Industry proposed new rules related to employee eligibility for overtime pay, including doubling the minimum salary threshold required for exempt status and requiring regular threshold increases. The PA Chamber, along with hundreds of other employers and advocates, submitted comments to the Independent Regulatory Review Commission expressing concerns, and ultimately IRRC issued its own comments with a significant number of questions and suggestions. Among IRRC’s directives to the Department was more robust stakeholder outreach and in May and June of this year, the Department conducted a series of employer roundtable meetings throughout Pennsylvania. 

Unfortunately, the Department’s latest iteration of the proposal largely ignores the feedback provided by employers during the stakeholder engagement process.  The updated proposal offers minimal changes to the original draft with only a slight reduction to the proposal salary threshold.  As currently written, the proposed rules would still have a profoundly negative impact on a wide range of industries and employees. 

The Department’s proposed rule is also far more aggressive than a new rule issued by the federal government which included significant, albeit more reasonable, changes to the federal overtime rule.  That means the state rule, if implemented, would not only adversely impact employers and the workplace, but also harm Pennsylvania’s competitiveness compared to other states.

Following the release of the updated proposal, PA Chamber President and CEO Gene Barr issued a statement urging IRCC and “lawmakers to consider the true impact of this proposal and reject it.”

• State Rep. Dave Millard will hold a special reception for local artists next Monday, Nov. 4, from 6-8 p.m. at his district office in the Market St. Plaza, 1000 Market St., Bloomsburg. Columbia County is home to many talented local artists, and this event will give them an opportunity to meet one another, as well as the artists that will have their artwork on display in the coming months in Rep. Millard’s offices at the state Capitol and in the district. Light refreshments will be served and no RSVP is required. See the flyer for additional details. 

• Geisinger Bloomsburg Hospital will offer its annual Veterans Day dinner to all U.S. veterans on Wednesday, Nov. 6 at the GBH dining room. This meal is complimentary for all veterans and one guest. Due to limited seating, however, reservations are required. There are four seatings at 3, 4, 5 and 6 p.m. To reserve your spot, call 570-387-2145. See the flyer for additional information and a menu. 

• LIFE Geisinger will hold its annual Open House on Tuesday, Nov. 12, from 3-6 p.m., at its location at 1100 Spruce St., Kulpmont. There will be light refreshments, door prizes and tours of the facility. LIFE Geisinger is a unique and innovative program for older adults designed to give them the support they need and continue living at home, and attendees will be able to learn more about the program, eligibility guidelines and see if it could be an option for them or a loved one. See the flyer for additional details and to RSVP. 

• For their service project this year, Life Skills students at Liberty Valley Intermediate School in the Danville Area School District will be making no-sew tie blankets and donating them to people in need. In support of this project, the program is looking for donations of fleece blanket fabric or money to purchase fabric. Any donation would be greatly appreciated and will go directly toward the student making blankets for the community. All donors will be recognized on a card that will be given to the community along with the blanket. If interested in donating for this project, please submit any donations by Friday, Nov. 15. Donations can be mailed to or dropped off at the school, located at 175 Liberty Valley Rd., Danville. Donations can also be picked up by calling Elise Truax at 570-271-3268, ext. 3675. For additional information, please see the letter.