INDIVIDUAL REMUNERATION PACKAGES

Over the last 15 years or so, a lot has been written about the concept of 'cafeteria' or 'flexible' remuneration packages. Most of the work, and the practice, originated in the United States and other countries such as Australia where the tax regime is helpful to this approach. The idea essentially is that employees should be offered the chance to select how they wish to be paid in terms of cash and benefits and so have their remuneration tailored to their personal ambitions and lifestyle.

For executives in particular, the story does not end there. Many remuneration packages are individually negotiated and tailored at the time of recruitment to a board level appointment. As companies find that they cannot always promote to board level from within, they face increasingly tough negotiations on remuneration packages from those they seek to recruit from outside. In some cases the demand may not be for a package which is only nationally competitive, but for a globally competitive one, especially at the top of major multinationals. There are a number of reasons for this:

1.  Directors, perhaps comfortably in post somewhere else and approached by executive search consultants, often feel they are in a good position to negotiate major improvements for themselves as an 'incentive' to move (they might be being enticed into a volatile and precarious environment where job security cannot be guaranteed, or one which is much more publicly exposed).

2.  People are more aware than ever of market rates for top executives and see a move as an opportunity to 'catch up' to a more realistic level. People at board level usually expect a substantial improvement in earnings to make it worth their while to move. This can make recruiting top calibre directors from outside very expensive, unless they are working in a sector or organization where they are currently underpriced.

3.  Directors may employ their own specialist remuneration and sometimes pension advisers to make sure they get a good deal.

4.  Being an effective director generally goes with having an ambitious and assertive personality - it is unreal to expect such people not to be shrewd negotiators and to look after their own interests, especially if they perceive that they are being brought in to wake up a 'sleepy' organization. In such circumstances they will often see a shake-up on the pay front (which usually means moving to the more competitive end of market practice), as part of a necessary process of change.

HR directors, company secretaries and indeed chief executives increasingly therefore often need to be flexible when faced with demands from an executive they may have spent a long time trying to entice and will need to have:

§  a willingness to tailor the remuneration package to fit individual requirements;

§  a clear idea of which items of pay they are prepared to negotiate on;

§  the ability to cost out alternatives quickly;

§  a maximum total earnings cost they are prepared to go to get the executive they are after;

§  a prepared case to defend a package which other directors or even shareholders may initially perceive as an anomaly.

Group-to-Individual Portability | Plan Provisions and Taxation

HIPAA makes it easier for individuals who lose group medical expense coverage to find alternative coverage in the individual marketplace. The purpose of the federal legislation seems to be to encourage states to adopt their own mechanisms to achieve this goal. The federal rules apply in a state only if the state fails to have its own plan in effect.

Most states have adopted their own plans so that the federal rules have not become effective. The state alternative must do all the following:

• Provide a choice of health insurance coverage to all eligible individuals

• Not impose any preexisting-conditions restrictions

• Include at least one policy form of coverage that is either comparable to comprehensive health coverage offered in the individual marketplace or comparable to or a standard option of coverage available under the group or individual laws of the state

In addition, the state must implement one of the following:

• One of the NAIC model laws on individual market reform

• A qualified high-risk pool

• Certain other mechanisms specified in the act

If a state fails to adopt an alternative to federal regulation, then insurance companies, HMOs, and other health plan providers in the individual marketplace are required to make coverage available on a guaranteed-issue basis to individuals with 18 or more months of creditable coverage and whose most recent coverage was under a group health plan. Coverage does not have to be provided to an individual who has other health insurance or who is eligible for COBRA coverage, Medicare, or Medicaid. No preexisting-conditions exclusions can be imposed. Health insurers have three options for providing coverage to eligible individuals:

1. They may offer every health insurance policy they offer in the state.

2. They may offer their two most popular policies in the state, based on premium volume.

3. They may offer a low-level and a high-level coverage as long as they contain benefits that are similar to other coverage offered by the insurer in the state.