EBIA Weekly Archives - ERISA
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Results (1062 articles found)
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- DOL Issues Additional FAQs on Schedule C for 2009 Form 5500
- From the October 29, 2009 EBIA Weekly
- The DOL has issued 25 additional FAQs concerning the Schedule C disclosures for 2009 and later plan years. This guidance supplements a set of 40 FAQs issued last year. (See our Checkpoint Newsstand article.) Generally, both pension plans and those ...
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- Insurer May Consider Relevant Nonmedical Information in Deciding Disability Claim
- From the October 22, 2009 EBIA Weekly
- The employee in this case argued that her claim for LTD benefits was improperly denied by the plan’s insurer. After her employer declined to renew her employment contract, the employee filed an LTD claim contending that she could ...
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- Court Holds That QDRO Controls Determination of Life Insurance Beneficiaries Because Welfare Plan QDROs Are Not Preempted by ERISA
- From the October 15, 2009 EBIA Weekly
- In this case, a deceased employee’s third wife and the children of his first wife all claimed a right to the employee’s group life insurance benefits. The claim of the children was based on a state ...
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- Oral Statements Allegedly Changing Plan Terms Did Not Support Claim for Fiduciary Breach
- From the October 08, 2009 EBIA Weekly
- In this case, executives of a subsidiary group that merged with its parent company sued the parent (and plan sponsor) for alleged oral misrepresentations about how their pensions would be calculated. According to the executives, they were promised that their ...
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- Health Plan May Not Sue Under ERISA for Benefits Paid to Ineligible Former Spouse (but State-Law Claims May Still Be Possible)
- From the October 08, 2009 EBIA Weekly
- In a familiar fact pattern, the employee in this case failed to notify his group health plan after he and his covered spouse divorced. In the interim, the ineligible former spouse incurred over $13,000 in medical expenses that were ...
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- Second Circuit Finds That Employer's Practice of Paying for Release Agreements Does Not Create an ERISA Plan
- From the October 08, 2009 EBIA Weekly
- In this case, a former employee argued that her employer’s ongoing practice of offering payments to certain terminating employees in exchange for signing release agreements was an ERISA plan. As background, ERISA applies only if there is a &#...
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- Will an SPD posted on our company's intranet satisfy the requirement under ERISA to deliver SPDs to participants?
- From the October 01, 2009 EBIA Weekly
- QUESTION: Our plan administrator would like to post our company’s employee benefit plan SPDs on the company’s intranet instead of delivering paper copies to participants. Would this method of delivering SPDs satisfy ERISA? ANSWER: Yes, if ...
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- Former Employees Have No Claim Against Bankrupt Employer for Unpaid Medical Bills, But Can Seek Unpaid Employee Health Premiums
- From the October 01, 2009 EBIA Weekly
- Just weeks before filing for bankruptcy, the employer in this case failed to pay the employer and employee portions of insurance premiums to the insurer of its health plan, and the insurer terminated coverage. Former employees who had regular or ...
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- DOL Releases New FAQs on All-Electronic Form 5500 Filing Under EFAST2
- From the September 24, 2009 EBIA Weekly
- The DOL’s EFAST website now contains 45 FAQs addressing EFAST2, the all-electronic filing system for Form 5500 that is scheduled to be available beginning January 2010. As background, final DOL regulations issued in 2007 require that all ...
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- Are our benefit plans affected by state laws recognizing same-sex marriage?
- From the September 17, 2009 EBIA Weekly
- QUESTION: I’ve been reading about all the states that have recently recognized same-sex marriage or given spousal equivalent status to registered domestic partners. Our company has locations in some of those states. We already provide health benefits ...
