Wall Street Week Ahead: Bears sleep as stocks near record highs

NEW YORK (Reuters) - U.S. stocks have been on a tear in January, moving major indexes within striking distance of all-time highs. The bearish case is a difficult one to make right now.


Earnings have exceeded expectations, the housing and labor markets have strengthened, lawmakers in Washington no longer seem to be the roadblock that they were for most of 2012, and money has returned to stock funds again.


The Standard & Poor's 500 Index <.spx> is up 5.4 percent this year and above 1,500 - climbing to the spot where Wall Street strategists expected it to be by mid-year. The Dow Jones industrial average <.dji> is just 2 percent away from all-time highs reached in October 2007. The Dow ended on Friday at 13,895.98, its highest close since October 31, 2007.


The S&P 500 has risen for four straight weeks and eight consecutive sessions, the longest streak of days since 2004. On Friday, the benchmark S&P 500 ended at 1,502.96 - its first close above 1,500 in more than five years.


"Once we break above a resistance level at 1,510, we dramatically increase the probability that we break the highs of 2007," said Walter Zimmermann, a technical analyst at United-ICAP, in Jersey City, New Jersey. "That may be the start of a rise that could take equities near 1,800 within the next few years."


The most recent Reuters poll of Wall Street strategists estimated the benchmark index would rise to 1,550 by year's end, a target that is 3.1 percent away from current levels. That would put the S&P 500 a stone's throw from the index's all-time intraday high of 1,576.09 reached on October 11, 2007.


The new year has brought a sharp increase in flows into U.S. equity mutual funds, and that has helped stocks rack up four straight weeks of gains, with strength in big- and small-caps alike.


That's not to say there are no concerns. Economic growth has been steady, but not as strong as many had hoped. The household unemployment rate remains high at 7.8 percent. And more than 75 percent of the stocks in the S&P 500 are above their 26-week highs, suggesting the buying has come too far, too fast.


MUTUAL FUND INVESTORS COME BACK


All 10 S&P 500 industry sectors are higher in 2013, in part because of new money flowing into equity funds. Investors in U.S.-based funds committed $3.66 billion to stock mutual funds in the latest week, the third straight week of big gains for the funds, data from Thomson Reuters' Lipper service showed on Thursday.


Energy shares <.5sp10> led the way with a gain of 6.6 percent, followed by industrials <.5sp20>, up 6.3 percent. Telecom <.5sp50>, a defensive play that underperforms in periods of growth, is the weakest sector - up 0.1 percent for the year.


More than 350 stocks hit new highs on Friday alone on the New York Stock Exchange. The Dow Jones Transportation Average <.djt> recently climbed to an all-time high, with stocks in this sector and other economic bellwethers posting strong gains almost daily.


"If you peel back the onion a little bit, you start to look at companies like Precision Castparts , Honeywell , 3M Co and Illinois Tool Works - these are big broad-based industrial companies in the United States and they are all hitting new highs, and doing very well. That is the real story," said Mike Binger, a portfolio manager at Gradient Investments, in Shoreview, Minnesota.


The gains have run across asset sizes as well. The S&P small-cap index <.spcy> has jumped 6.7 percent and the S&P mid-cap index <.mid> has shot up 7.5 percent so far this year.


Exchange-traded funds have seen year-to-date inflows of $15.6 billion, with fairly even flows across the small-, mid- and large-cap categories, according to Nicholas Colas, chief market strategist at the ConvergEx Group, in New York.


"Investors aren't really differentiating among asset sizes. They just want broad equity exposure," Colas said.


The market has shown resilience to weak news. Last week, the S&P 500 held steady on Thursday despite a 12 percent slide in shares of Apple after the iPhone and iPad maker's results. The giant tech company is heavily weighted in both the S&P 500 and Nasdaq 100 <.ndx>. In the past, Apple's drop has suffocated stocks' broader gains.


In the last few days, the ratio of stocks hitting new highs versus those hitting new lows on a daily basis has started to diminish - a sign that the rally is narrowing to fewer names - and could be running out of gas.


Investors have also cited sentiment surveys that indicate high levels of bullishness among newsletter writers, a contrarian indicator, and momentum indicators are starting to suggest the rally has perhaps come too far.


THE FED AND JOBS ON THE AGENDA


The Federal Reserve's policymakers will meet this week for the first time this year. The Federal Open Market Committee's meeting will start on Tuesday and end on Wednesday. Most economists polled in late January expect the Fed's ultra-loose monetary policy to stay in place well into next year despite the modest growth forecast for the U.S. economy.


The market's resilience could be tested this week with Friday's release of the January non-farm payrolls report. About 155,000 jobs are forecast to have been added in the month, a Reuters poll showed. The U.S. unemployment rate is expected to hold steady at 7.8 percent.


"Staying over 1,500 sends up a flag of profit taking," Jerry Harris, president of asset management at Sterne Agee, in Birmingham, Alabama, said in reference to the S&P 500. "Since recent jobless claims have made us optimistic on payrolls, if that doesn't come through, it will be a real risk to the rally."


A number of marquee names will report earnings this week, including bellwether companies such as Caterpillar Inc , Amazon.com Inc , Ford Motor Co and Pfizer Inc .


On a historic basis, valuations remain relatively low. The S&P 500's price-to-earnings ratio sits at 15.66, just a tad above the historic level of 15.


Worries about the U.S. stock market's recent strength do not mean the market is in a bubble. Investors clearly don't feel that way at the moment.


"We're seeing more interest in equities overall, and a lot of flows from bonds into stocks," said Paul Zemsky, who helps oversee $445 billion as the New York-based head of asset allocation at ING Investment Management. "We've been increasing our exposure to risky assets."


For the past week, the Dow climbed 1.8 percent, the S&P 500 rose 1.1 percent and the Nasdaq advanced 0.5 percent.


(Wall Street Week Ahead runs every Sunday. Questions or comments on this one can be sent to ryan.vlastelica(at)thomsonreuters.com)


(Reporting by Ryan Vlastelica; Additional reporting by Chuck Mikolajczak; Editing by Jan Paschal)



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Defense Official Hints That Israel Is Stepping Back From Plans to Unilaterally Attack Iran





JERUSALEM — Israel’s departing defense minister, Ehud Barak, said that the Pentagon had prepared sophisticated blueprints for a surgical operation to set back Iran’s nuclear program should the United States decide to attack, a statement that was a possible indication that Israel has shelved plans of any unilateral strike.







Johannes Eisele/Agence France-Presse — Getty Images

Ehud Barak, Israel’s defense minister, at the World Economic Forum in Switzerland.








In an interview conducted at the World Economic Forum in Davos, Switzerland, and published by The Daily Beast on Friday, Mr. Barak was asked if there was any way Israel could go to war with Iran over what the West believes is a nuclear weapons program without dragging in the war-weary United States.


Mr. Barak replied that there were more than just the two options — of full-scale war or allowing Iran to obtain nuclear weapons capability — in the event that sanctions and diplomacy failed.


“What we basically say is that if worse comes to worst, there should be a readiness and an ability to launch a surgical operation that will delay them by a significant time frame and probably convince them that it won’t work because the world is determined to block them,” he said.


Under orders from the White House, Mr. Barak added, “the Pentagon prepared quite sophisticated, fine, extremely fine, scalpels,” referring to the ability to carry out pinpoint strikes.


Mr. Barak did not specify what those “scalpels” were. But there has been a broad effort at the White House, the Pentagon and the intelligence agencies to develop an overlapping series of options that could set back, though probably not halt, Iran’s nuclear progress.


Iran insists that its nuclear program is solely for peaceful purposes.


The Pentagon declined to comment on the report, but a senior defense official said: “The U.S. military constantly plans for a range of contingencies we might face around the world, and our planning is often quite detailed.” The official added, “That shouldn’t come as a surprise to anyone.”


Mr. Barak and the prime minister of Israel, Benjamin Netanyahu, led a hawkish line against Iran’s nuclear drive over the past few years, emphasizing Israel’s doctrine of self-reliance for such existential issues and warning that the time to stop Iran from going nuclear was running out.


But in recent months, faced with tough opposition from Washington, particularly ahead of the November presidential elections, and public criticism from a string of Israeli former security chiefs, the prospect of an imminent unilateral Israeli strike receded. Israel suggested that its own deadline had been put off until this spring or summer.


In the past few weeks Mr. Netanyahu campaigned for re-election in Israel as a strong leader who, among other things, had managed to persuade the world to deal with the Iranian threat.


Late Tuesday, Mr. Netanyahu said “the first challenge was and still is to prevent Iran from acquiring nuclear weapons.”


But Mr. Netanyahu and his conservative Likud Party emerged weakened from the elections, with much of the Israeli electorate more focused on domestic issues.


Mr. Barak chose not to run for re-election after polls showed that his tiny Independence faction was unlikely to pass the electoral threshold.


Elisabeth Bumiller and David E. Sanger contributed reporting from Washington.



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New purported Galaxy Note 8.0 images confirm S-Pen support







Earlier this week, images that were purportedly of Samsung’s (005930) upcoming Galaxy Note 8.0 tablet leaked onto the Web. The slate looked like an oversized Galaxy S III smartphone and included the company’s physical home button, which had perviously been omitted from earlier Galaxy tablets. French blog Frandroid posted additional images of the tablet on Friday that confirmed it will include an S-Pen stylus, similar to the Galaxy Note II and Galaxy Note 10.1.


[More from BGR: Sony’s PS Vita: Dead again]






[More from BGR: The Boy Genius Report: Apple’s iMac takes desktop crown]


The Galaxy Note 8.0 is rumored to be equipped with a 1280 x 800 pixel resolution display, 1.6GHz quad-core processor and a 5-megapixel rear camera. The slate is also believed to include 2GB of RAM, 16GB of internal storage, a microSD slot and Android 4.2.


Samsung is expected to announce the Galaxy Note 8.0 tablet next month at Mobile World Congress in Barcelona.


This article was originally published on BGR.com


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Ashton Kutcher Parties in Sundance After jOBS Premiere















01/26/2013 at 01:50 PM EST



Ashton Kutcher's much-hyped movie jOBS premiered at the Sundance Film Festival on Friday, and the star was on hand – minus girlfriend Mila Kunis – for all the festivities.

Kutcher was one of the first to arrive at the official after party, hosted by Nur Khan Presents NK on Main Street for the cast and filmmakers and sponsored by Red Touch Media.

Kutcher was captivated by a floor-to-ceiling portrait of late Apple visionary Steve Jobs, whom Kutcher portrays in the film. Guests were quick to snap a photo of the actor admiring the subject of his role.

Without Kunis by his side, Kutcher very much remained a one-man guy, focusing his attention all night on his table of male friends and colleagues and posing for pictures with fans, according to an observer. The pride he takes in jOBS was palpable, as Kutcher was incredibly excited to chat about his film and role with all the guests who came up to greet him.

Co-star Ahna O'Reilly spent the evening in a very social mood, dancing to the beats of DJ Cash and catching up with co-star Josh Gad. Not to live down his "funny man" persona, Gad went into the evening entertaining all the guests and causing an uproar of laughter with Kutcher and O'Reilly while catching up about filming and their time at Sundance.


– Jennifer Garcia


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CDC: Flu seems to level off except in the West


New government figures show that flu cases seem to be leveling off nationwide. Flu activity is declining in most regions although still rising in the West.


The Centers for Disease Control and Prevention says hospitalizations and deaths spiked again last week, especially among the elderly. The CDC says quick treatment with antiviral medicines is important, in particular for the very young or old. The season's first flu case resistant to treatment with Tamiflu was reported Friday.


Eight more children have died from the flu, bringing this season's total pediatric deaths to 37. About 100 children die in an average flu season.


There is still vaccine available although it may be hard to find. The CDC has a website that can help.


___


CDC: http://www.cdc.gov/flu/


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Wall Street Week Ahead: Bears hibernate as stocks near record highs

NEW YORK (Reuters) - Stocks have been on a tear in January, moving major indexes within striking distance of all-time highs. The bearish case is a difficult one to make right now.


Earnings have exceeded expectations, the housing and labor markets have strengthened, lawmakers in Washington no longer seem to be the roadblock that they were for most of 2012, and money has returned to stock funds again.


The Standard & Poor's 500 Index <.spx> has gained 5.4 percent this year and closed above 1,500 - climbing to the spot where Wall Street strategists expected it to be by mid-year. The Dow Jones industrial average <.dji> is 2.2 percent away from all-time highs reached in October 2007. The Dow ended Friday's session at 13,895.98, its highest close since October 31, 2007.


The S&P has risen for four straight weeks and eight consecutive sessions, the longest streak of days since 2004. On Friday, the benchmark S&P 500 ended at 1,502.96 - its first close above 1,500 in more than five years.


"Once we break above a resistance level at 1,510, we dramatically increase the probability that we break the highs of 2007," said Walter Zimmermann, technical analyst at United-ICAP, in Jersey City, New Jersey. "That may be the start of a rise that could take equities near 1,800 within the next few years."


The most recent Reuters poll of Wall Street strategists estimated the benchmark index would rise to 1,550 by year-end, a target that is 3.1 percent away from current levels. That would put the S&P 500 a stone's throw from the index's all-time intraday high of 1,576.09 reached on October 11, 2007.


The new year has brought a sharp increase in flows into U.S. equity mutual funds, and that has helped stocks rack up four straight weeks of gains, with strength in big- and small-caps alike.


That's not to say there aren't concerns. Economic growth has been steady, but not as strong as many had hoped. The household unemployment rate remains high at 7.8 percent. And more than 75 percent of the stocks in the S&P 500 are above their 26-week highs, suggesting the buying has come too far, too fast.


MUTUAL FUND INVESTORS COME BACK


All 10 S&P 500 industry sectors are higher in 2013, in part because of new money flowing into equity funds. Investors in U.S.-based funds committed $3.66 billion to stock mutual funds in the latest week, the third straight week of big gains for the funds, data from Thomson Reuters' Lipper service showed on Thursday.


Energy shares <.5sp10> lead the way with a gain of 6.6 percent, followed by industrials <.5sp20>, up 6.3 percent. Telecom <.5sp50>, a defensive play that underperforms in periods of growth, is the weakest sector - up 0.1 percent for the year.


More than 350 stocks hit new highs on Friday alone on the New York Stock Exchange. The Dow Jones Transportation Average <.djt> recently climbed to an all-time high, with stocks in this sector and other economic bellwethers posting strong gains almost daily.


"If you peel back the onion a little bit, you start to look at companies like Precision Castparts , Honeywell , 3M Co and Illinois Tool Works - these are big, broad-based industrial companies in the U.S. and they are all hitting new highs, and doing very well. That is the real story," said Mike Binger, portfolio manager at Gradient Investments, in Shoreview, Minnesota.


The gains have run across asset sizes as well. The S&P small-cap index <.spcy> has jumped 6.7 percent and the S&P mid-cap index <.mid> has shot up 7.5 percent so far this year.


Exchange-traded funds have seen year-to-date inflows of $15.6 billion, with fairly even flows across the small-, mid- and large-cap categories, according to Nicholas Colas, chief market strategist at the ConvergEx Group, in New York.


"Investors aren't really differentiating among asset sizes. They just want broad equity exposure," Colas said.


The market has shown resilience to weak news. On Thursday, the S&P 500 held steady despite a 12 percent slide in shares of Apple after the iPhone and iPad maker's results. The tech giant is heavily weighted in both the S&P 500 and Nasdaq 100 <.ndx> and in the past, its drop has suffocated stocks' broader gains.


JOBS DATA MAY TEST THE RALLY


In the last few days, the ratio of stocks hitting new highs versus those hitting new lows on a daily basis has started to diminish - a potential sign that the rally is narrowing to fewer names - and could be running out of gas.


Investors have also cited sentiment surveys that indicate high levels of bullishness among newsletter writers, a contrarian indicator, and momentum indicators are starting to also suggest the rally has perhaps come too far.


The market's resilience could be tested next week with Friday's release of the January non-farm payrolls report. About 155,000 jobs are seen being added in the month and the unemployment rate is expected to hold steady at 7.8 percent.


"Staying over 1,500 sends up a flag of profit taking," said Jerry Harris, president of asset management at Sterne Agee, in Birmingham, Alabama. "Since recent jobless claims have made us optimistic on payrolls, if that doesn't come through, it will be a real risk to the rally."


A number of marquee names will report earnings next week, including bellwether companies such as Caterpillar Inc , Amazon.com Inc , Ford Motor Co and Pfizer Inc .


On a historic basis, valuations remain relatively low - the S&P 500's current price-to-earnings ratio sits at 15.66, which is just a tad above the historic level of 15.


Worries about the U.S. stock market's recent strength do not mean the market is in a bubble. Investors clearly don't feel that way at the moment.


"We're seeing more interest in equities overall, and a lot of flows from bonds into stocks," said Paul Zemsky, who helps oversee $445 billion as the New York-based head of asset allocation at ING Investment Management. "We've been increasing our exposure to risky assets."


For the week, the Dow climbed 1.8 percent, the S&P 500 rose 1.1 percent and the Nasdaq advanced 0.5 percent.


(Reporting by Ryan Vlastelica; Additional reporting by Chuck Mikolajczak; Editing by Jan Paschal)



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Chinese Officials Fired Over Chongqing Sex Scandal





BEIJING — The young women met the officials for illicit trysts with video cameras hidden in their purses. Every detail of the encounters was recorded. Then a group of men confronted the officials with the video recordings and made demands.




China’s state news media reported on Friday details of a sex extortion ring that brazenly operated “honey traps” in the southwest metropolis of Chongqing for several years. The widening scandal, which first emerged late last year, has led to the dismissals of at least 11 officials of the Communist Party, government or state-owned companies for having sex with women in the ring and then being blackmailed by the men who had set up the snares.


Xi Jinping, China’s new top leader, has vowed to root out official corruption and said this week that “flies,” or relatively low-level bureaucrats, as well as top officials he referred to as “tigers,” must be brought down.


The most famous victim of the sex ring scandal has been Lei Zhengfu, a frog-eyed, middle-aged district party chief who was secretly filmed having sex in a hotel room in 2008 with a young woman. In late November, the leaked video of Mr. Lei began circulating on the Internet and he became the poster boy for a series of low-level or midlevel officials who have been brought down by scandals, often sexual in nature, across the nation. Mr. Lei was removed from his job and placed under investigation soon after the video appeared online. Now, according to Xinhua, the state news agency, 10 other officials have been removed as well for falling prey to the sex ring. Five of them were executives in state-owned companies.


The sex scandal might have come out earlier but Bo Xilai, the Chongqing party chief at the time, and Wang Lijun, his police chief, buried the results of an investigation into the ring. Mr. Bo and Mr. Wang were both felled last year by the fallout from the murder of a British business executive arranged by Mr. Bo’s wife; Mr. Bo is expected to be tried soon on a wide range of criminal charges. While the two scandals are unrelated, the airing of the blackmail ring at this time could reflect a decision by the Chinese leadership to highlight other problems in Chongqing under Mr. Bo’s rule.


The ring’s mastermind was a man named Xiao Ye, according to a report by Southern Metropolis Daily on Wednesday that was cited by Xinhua in its Friday article. Three women were used as bait. The state media reports did not say exactly what the officials gave the men in return for keeping their involvement secret, but one report said that a company run by Mr. Xiao was involved in a real estate development project in the district governed by Mr. Lei.


Mr. Xiao gave the women a list of Chongqing officials whom the women were to contact, Xinhua reported. The women sent text messages to the officials. They would tell the officials they worked for a local real estate company and had met the official at a banquet.


“Hope we can stay in touch a lot,” they wrote. If the officials said they had no memory of the meeting, the women would invoke the name of a chief executive and pretend to be angry that the official had forgotten the woman already. If the official bit, the woman would continue flirting by text or transmit seductive photos of themselves, Xinhua said.


A woman would then meet with the official in an upscale hotel to have tea, coffee or a snack. The official would hand her gifts, such as jewelry. Eventually, when the two were ready to have sex, the woman would make sure to show up at the hotel room with a hidden camera. The official would rarely stay the entire night, but the video caught all the action.


This happened over and over until the video was clear enough, Xinhua reported. Then at a later tryst, several men in the ring would show up while the official and the woman were in the middle of having sex. One of the men would pretend to be the woman’s boyfriend and throw a fit. Behind him would be another man pretending to be a private detective. A third man would then show up and say he was a member of a gang.


They would beat up the official and show him the video. Mr. Xiao entered the scene afterward to work out an agreement with the official and assure him that the video would remain buried, as long as the demands were met.


Of the victims, Mr. Lei was the one who tried to fight back most vigorously, one report said. He assumed the video would eventually come out, and so he went to senior Chongqing officials to explain his plight. Wang Lijun, who was then the police chief of Chongqing, took charge of the case. By 2009, the investigation was done and Mr. Wang and Mr. Bo had the results. But they decided to quash the case or ignored it, and the officials who were found to have been victims of the ring were eventually promoted.


The Xinhua article on Friday said people have been especially surprised that one district party chief in particular, Peng Zhiyong, who holds a doctorate, fell victim to the honey trap.


“He was spoken highly of by the people and enjoyed a reputation for being talented, smart, eloquent and outstanding in all ways,” Xinhua said. In addition, the report said, he “was widely regarded as having enormous political potential.”


Amy Qin contributed research.



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DUST 514, Online Shooter Set in EVE Online Universe, Enters Open Beta






First announced in 2009, CCP Games’ online first-person shooter tie-in to its popular sci-fi MMO, EVE Online, was finally released as an open beta on Tuesday. Called DUST 514, it allows PlayStation 3 owners to play in the same world as EVE Online, fighting ground battles while EVE Online pilots contest star systems. The results of DUST 514 matches affect worlds and in-game corporations in EVE Online, and EVE Online players can even use starship weaponry to bombard the planets DUST 514 matches take place on.


Introducing New Eden






EVE Online and DUST 514 take place in a distant star cluster called New Eden. In a scenario sort of like ” Stargate” meets ” Star Trek: Voyager,” human space explorers found themselves trapped in New Eden, impossibly far from Earth, after using a one-way portal. Many thousands of years later, their descendants have formed completely new nations and ethnicities, and fight each other in space and on the ground over resources or ideology.


The most difficult MMO ever?


Widely regarded as very difficult — a popular infographic depicts EVE’s learning curve as a sheer cliff littered with stick figure bodies — EVE Online is also known for its byzantine politics, which take place completely between players. Player-run alliances sink years into building enormous spacecraft, which can vanish in a single battle or thanks to one person’s treachery.


A study in contrasts


DUST 514 is only available on the PlayStation 3 console, whereas EVE Online is for Windows PCs and Macs. DUST 514 is free to play and has no monthly fee, while EVE costs money to start and up to $ 14.95 per month (although there’s an expensive in-game item which can be used to offset this fee). But perhaps the biggest contrast is the level of commitment required. Instead of managing a whole spacecraft and needing to keep track of where it’s docked, DUST 514 players can just jump into instant battles, and are rewarded with experience and in-game currency each time.


Since the two games were linked together just a few weeks ago, however, EVE Online politics are beginning to affect DUST 514, and groups of players are getting drawn into its conflicts — or being sent by EVE in-game alliances to fight for them.


A work in progress


DUST 514 still bears the “beta” tag, and the end-user license agreement reminds players of this, even pointing out that CCP Games may choose to reset players’ gear and experience points at some time in the future. It has a very limited number of planet environments and only two styles of play, which basically amount to capture the flag and team deathmatch. CCP continues to develop DUST, however, promising that even more content will be available in the future.


Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.


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Newark Mayor Cory Booker Comes to Freezing Dog's Aid















01/25/2013 at 12:55 PM EST



Have no fear, Cory Booker is here!

When Eyewitness News reporter Toni Yates spotted several dogs left outside in the cold in Newark, N.J., on Thursday afternoon, she Tweeted at Newark's mayor to let him know.

"Make pet owners get their dogs out of the cold. Saw 2 dogs freezing," Yates wrote – and Booker answered.

Less than four hours later, the mayor was on the scene, arriving with a police escort to help secure the shivering animal.

"This is brutal weather; this dog is shaking really bad and you just can't leave your dogs out here on a day like this," Booker told Eyewitness News. "Hypothermia on any animal including a human animal will set in pretty quickly. So this is very sad."

After loading the dog into a police car to warm it up, Booker contacted the dog's owner, who was reached on the phone and said he had no idea how his pet, named Cha Cha, had managed to get outside, but that he would be there soon to reclaim him.

The mayor's latest act of heroism comes less than a year after he rescued his neighbor from a house fire. Booker had come home to find the house ablaze, and despite protests from his security officers, ran into the home and carried the woman to safety from the second floor.

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Penalty could keep smokers out of health overhaul


WASHINGTON (AP) — Millions of smokers could be priced out of health insurance because of tobacco penalties in President Barack Obama's health care law, according to experts who are just now teasing out the potential impact of a little-noted provision in the massive legislation.


The Affordable Care Act — "Obamacare" to its detractors — allows health insurers to charge smokers buying individual policies up to 50 percent higher premiums starting next Jan. 1.


For a 55-year-old smoker, the penalty could reach nearly $4,250 a year. A 60-year-old could wind up paying nearly $5,100 on top of premiums.


Younger smokers could be charged lower penalties under rules proposed last fall by the Obama administration. But older smokers could face a heavy hit on their household budgets at a time in life when smoking-related illnesses tend to emerge.


Workers covered on the job would be able to avoid tobacco penalties by joining smoking cessation programs, because employer plans operate under different rules. But experts say that option is not guaranteed to smokers trying to purchase coverage individually.


Nearly one of every five U.S. adults smokes. That share is higher among lower-income people, who also are more likely to work in jobs that don't come with health insurance and would therefore depend on the new federal health care law. Smoking increases the risk of developing heart disease, lung problems and cancer, contributing to nearly 450,000 deaths a year.


Insurers won't be allowed to charge more under the overhaul for people who are overweight, or have a health condition like a bad back or a heart that skips beats — but they can charge more if a person smokes.


Starting next Jan. 1, the federal health care law will make it possible for people who can't get coverage now to buy private policies, providing tax credits to keep the premiums affordable. Although the law prohibits insurance companies from turning away the sick, the penalties for smokers could have the same effect in many cases, keeping out potentially costly patients.


"We don't want to create barriers for people to get health care coverage," said California state Assemblyman Richard Pan, who is working on a law in his state that would limit insurers' ability to charge smokers more. The federal law allows states to limit or change the smoking penalty.


"We want people who are smoking to get smoking cessation treatment," added Pan, a pediatrician who represents the Sacramento area.


Obama administration officials declined to be interviewed for this article, but a former consumer protection regulator for the government is raising questions.


"If you are an insurer and there is a group of smokers you don't want in your pool, the ones you really don't want are the ones who have been smoking for 20 or 30 years," said Karen Pollitz, an expert on individual health insurance markets with the nonpartisan Kaiser Family Foundation. "You would have the flexibility to discourage them."


Several provisions in the federal health care law work together to leave older smokers with a bleak set of financial options, said Pollitz, formerly deputy director of the Office of Consumer Support in the federal Health and Human Services Department.


First, the law allows insurers to charge older adults up to three times as much as their youngest customers.


Second, the law allows insurers to levy the full 50 percent penalty on older smokers while charging less to younger ones.


And finally, government tax credits that will be available to help pay premiums cannot be used to offset the cost of penalties for smokers.


Here's how the math would work:


Take a hypothetical 60-year-old smoker making $35,000 a year. Estimated premiums for coverage in the new private health insurance markets under Obama's law would total $10,172. That person would be eligible for a tax credit that brings the cost down to $3,325.


But the smoking penalty could add $5,086 to the cost. And since federal tax credits can't be used to offset the penalty, the smoker's total cost for health insurance would be $8,411, or 24 percent of income. That's considered unaffordable under the federal law. The numbers were estimated using the online Kaiser Health Reform Subsidy Calculator.


"The effect of the smoking (penalty) allowed under the law would be that lower-income smokers could not afford health insurance," said Richard Curtis, president of the Institute for Health Policy Solutions, a nonpartisan research group that called attention to the issue with a study about the potential impact in California.


In today's world, insurers can simply turn down a smoker. Under Obama's overhaul, would they actually charge the full 50 percent? After all, workplace anti-smoking programs that use penalties usually charge far less, maybe $75 or $100 a month.


Robert Laszewski, a consultant who previously worked in the insurance industry, says there's a good reason to charge the maximum.


"If you don't charge the 50 percent, your competitor is going to do it, and you are going to get a disproportionate share of the less-healthy older smokers," said Laszewski. "They are going to have to play defense."


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Online:


Kaiser Health Reform Subsidy Calculator — http://healthreform.kff.org/subsidycalculator.aspx


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