EBIA Weekly Archives
Below is a list of EBIA Weekly articles from 2000 to present, in reverse chronological order.
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Results (2514 articles found)
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- What a Difference a Word Makes: Plan Without "Discretion" Language Loses Appeal in Benefits Case
- From the July 15, 2008 EBIA Weekly
- Two recent federal appeals court cases demonstrate that having the right language in the plan document often determines whether the plan wins or loses a benefits-denial case. In each case, the plan administrator denied a claim for disability benefits, ...
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- If our company establishes a wellness program, will employees who are covered by the program be ineligible for HSA contributions?
- From the July 15, 2008 EBIA Weekly
- QUESTION: Our company intends to establish a wellness program as of the beginning of next year. Would employees who are covered by the new program be ineligible for HSA contributions? ANSWER: It depends on how the wellness program is designed. ...
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- Failure to Meet Technical Requirements and to Timely Submit Divorce Decree Prevent Recognition as QDRO
- From the July 15, 2008 EBIA Weekly
- This case involved a divorce decree that was not submitted to the plan administrator until after the participant’s death, which occurred more than two years after the divorce. The plan administrator found that the decree could not be ...
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- DOL Issues FAQs on Schedule C Reporting for 2009 Form 5500
- From the July 15, 2008 EBIA Weekly
- The DOL has issued 40 frequently asked questions (FAQs) on Form 5500 Schedule C reporting for plan years beginning January 1, 2009. In November 2007, the DOL, IRS, and PBGC jointly issued final Form 5500 regulations and adopted final revisions ...
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- CMS Officials Provide Informal Views on HIPAA Security Issues
- From the July 15, 2008 EBIA Weekly
- The Joint Committee on Employee Benefits (JCEB) of the American Bar Association has reported on its May 5, 2008 Q&A session with officials from the Centers for Medicare and Medicaid Services (CMS). The report includes the following informal, ...
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- When Employer Is Also Plan Administrator, COBRA Election Notice Deadline Is 44 Days After Employee's Termination
- From the July 15, 2008 EBIA Weekly
- The employee in this case was placed on leave due to disputes about his work performance. Afterward, his employer refused to communicate with him regarding his employment status and failed to pay him for the period just before the leave ...
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- IRS Proposes Regulations on HSA Comparability Requirements and HSA and Group Health Plan Excise Tax Reporting
- From the July 15, 2008 EBIA Weekly
- The IRS has issued proposed regulations providing guidance on changes to the HSA comparability rules under the Tax Relief and Health Care Act of 2006 (TRHCA). (The comparability rules only apply to employer HSA contributions made outside of a cafeteria ...
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- State Law Placing Limits on Discretionary Language in Insurance Policies Found to Be Preempted by ERISA
- From the July 10, 2008 EBIA Weekly
- Does ERISA block the enforcement of state laws that restrict “discretionary” language in insurance policies issued under ERISA plans? (Discretionary language reserves discretion to interpret the plan and is required for an insurer to receive a more favorable ...
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- How does the new automatic enrollment safe harbor that allows plans to avoid ADP and ACP testing differ from the safe harbor that we currently are using?
- From the July 10, 2008 EBIA Weekly
- QUESTION: For several years, our company’s 401(k) plan has used the Code Section 401(k)(12) safe harbor to avoid performing the ADP and ACP nondiscrimination tests. We understand that there is a new safe harbor that ...
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- No COBRA Liability for Insurer That Terminated Coverage for Nonpayment After Employer Stopped Deducting Premiums
- From the July 10, 2008 EBIA Weekly
- About six weeks after the employee in this case enrolled his family in his employer’s health insurance plan, the employer stopped taking deductions from his pay for the coverage. (The employer had received a state child support notice ...
