EBIA Weekly Archives

Below is a list of EBIA Weekly articles from 2000 to present, in reverse chronological order.

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Results (2966 articles found)


  1. Claim for Failure to Provide COBRA Notice Should Have Been Brought Under PHSA, Not ERISA
    From the March 18, 2010 EBIA Weekly
    The employee in this case took FMLA leave. When she left, her work as payroll supervisor for a school was up-to-date, but when she returned from leave, she found that employee benefits reconciliations had not been completed in ...
    [Kollstedt v. Princeton City Schools Bd. of Educ., 2010 WL 597825 (S.D. Ohio 2010)]
  2. DOL Posts New and Updated COBRA Premium Subsidy Notices; Updates Fact Sheet
    From the March 18, 2010 EBIA Weekly
    The DOL has updated its COBRA Premium Reduction Fact Sheet and issued new and revised model COBRA notices that incorporate the changes made by the Temporary Extension Act of 2010 (TEA), which recently extended through March 31, 2010 the eligibility ...
    [COBRA ARRA Updated Model Notices (Mar. 17, 2010); DOL Fact Sheet: COBRA Premium Reduction (Mar. 16, 2010)]
  3. What procedures should our plan follow when it is required to make a distribution and the participant or beneficiary cannot be found?
    From the March 18, 2010 EBIA Weekly
    QUESTION: From time to time, our 401(k) plan has to make minimum distributions under Code Section 401(a)(9) to participants who have no valid address on file. Our plan also experiences problems locating beneficiaries when a participant dies. ...
  4. IRS Information Letter Explains Rule Limiting Qualified Tuition Reductions to Education Below the Graduate Level
    From the March 18, 2010 EBIA Weekly
    In this recently released information letter, the IRS explains when a course will be considered “education below the graduate level” that qualifies for a nontaxable discount under the Code Section 117(d) exclusion for qualified tuition reductions. That ...
    [IRS Information Letter 2009-0247 (Oct. 2, 2009)]
  5. One-Time Severance Payment Was Not Subject to ERISA
    From the March 18, 2010 EBIA Weekly
    The employee in this case sued his former employer in state court alleging that the employer had violated a written agreement to pay the employee a lump-sum payment upon the employee’s constructive discharge from employment. (Under the ...
    [Sahdev v. Empire Comfort Sys., Inc., 2010 WL 486728 (S.D. Ill. 2010)]
  6. HHS Announces Intent to Issue Additional Regulations Implementing the HITECH Act, Including Business Associate Liability
    From the March 18, 2010 EBIA Weekly
    HHS’s Office for Civil Rights (OCR) has announced on its website that it is continuing to work on regulations on the privacy and security provisions of the HITECH Act, passed as part of the American Recovery and Reinvestment ...
    [HHS-OCR webpage: HITECH Act Rulemaking and Implementation Update]
  7. IRS Releases Updated Version of Publication 463 on Travel, Entertainment, Gift, and Car Expenses
    From the March 11, 2010 EBIA Weekly
    The IRS has released the latest version of Publication 463 (Travel, Entertainment, Gift, and Car Expenses), which is for use in preparing 2009 tax returns. This publication explains when employees and sole proprietors may deduct work-related travel, entertainment, gift, ...
    [IRS Publication 463 (Travel, Entertainment, Gift, and Car Expenses (for 2009 Tax Returns))]
  8. Can an employee make a mid-year cafeteria plan election change on account of financial hardship?
    From the March 11, 2010 EBIA Weekly
    QUESTION: One of our employees elected to contribute $2,000 to his health FSA for 2010 to help pay for some anticipated dental work. He just bought a new house and now he says he can’t afford to ...
    [QOTW]
  9. Insurance Company Not a Proper Defendant in ERISA Benefit Claim Lawsuit
    From the March 11, 2010 EBIA Weekly
    The employee in this case sued her employer’s insured disability benefit plan and its disability insurance company to recover disability benefits. The insurance company asked the court to dismiss the employee’s claims against it because the ...
    [Turnipseed v. Educ. Mgmt. LLC's Employee Disability Plan, 2010 WL 140384 (N.D. Cal. 2010)]
  10. No Disability Extension for Employee Who Failed to Give Timely Notice of SSA Determination
    From the March 11, 2010 EBIA Weekly
    The employee in this case was terminated a year after a nonwork-related disabling injury, and he and his spouse elected and paid for COBRA coverage for 18 months. The insurer for the employer’s group health plan accepted ...
    [Walker v. Rock-Tenn Converting Co., 2010 WL 551215 (S.D. Ala. 2010)]

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