EBIA Weekly Archives - ERISA
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Results (994 articles found)
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- TPA That Performed Ministerial Functions Was Not a Fiduciary
- From the December 18, 2008 EBIA Weekly
- According to the DOL, a person who performs plan administrative functions that are purely ministerial “within a framework of policies, interpretations, rules, practices and procedures made by other persons” is not a fiduciary. The DOL also has provided ...
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- Trial Court Dismisses Retirees' Claims That Terminating Their Medical and Prescription Drug Benefits Violated the ADEA
- From the December 11, 2008 EBIA Weekly
- This is the first decision we’ve seen that applies the 2007 final EEOC regulations exempting Medicare coordination for retirees from the ADEA (see our article at http://www.ebia.com/WeeklyArchives/GHPM/Statutes/19256 (Premium Access subscription required)). ...
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- Hospital Not Entitled to Notification That Participant Was in COBRA Election Period
- From the December 11, 2008 EBIA Weekly
- The hospital in this case, an assignee of an HMO participant, brought COBRA and state-law negligent misrepresentation claims against the HMO and the participant’s former employer, asking for reimbursement for medical services it had provided to the ...
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- Advance Form 5500 for 2008 Plan Year Has Been Released
- From the December 04, 2008 EBIA Weekly
- The DOL, IRS, and Pension Benefit Guaranty Corporation have released advance, informational copies of the Form 5500, Schedules, and Instructions to be used by employee benefits plans reporting on 2008 plan years (generally, those are plan years beginning in 2008 ...
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- DOL Issues Field Guidance in FAQ Format on the Bonding Requirement for ERISA Plans
- From the December 04, 2008 EBIA Weekly
- ERISA requires all persons, including fiduciaries, who handle funds or other property of an employee benefit plan to be bonded (unless they are covered by an exemption) to protect ERISA plans against loss due to fraud or dishonesty by plan ...
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- ERISA Claims Procedure Violation Does Not Entitle Employee to Reinstatement of Disability Benefits
- From the November 26, 2008 EBIA Weekly
- In this case, an employee’s claim for long-term disability benefits was initially denied on the ground that she was not disabled within the meaning of the plan. After a court-ordered independent medical examination affirmed the employee&#...
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- Advance Form 5500 Released for Reporting on 2008 Plan Year
- From the November 26, 2008 EBIA Weekly
- The DOL, IRS, and Pension Benefit Guaranty Corporation have released advance copies of the Form 5500, Schedules, and Instructions to be used by employee benefit plans for reporting on 2008 plan years. We will cover this development in next week&#...
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- DOL Issues FAB on ERISA's Bonding Requirement
- From the November 26, 2008 EBIA Weekly
- ERISA requires all persons, including fiduciaries, who handle funds or other property of an employee benefit plan to be bonded (unless they are covered by an exemption). As part of its ongoing compliance program, the DOL has issued a field ...
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- What's the difference between a plan document and an SPD?
- From the November 20, 2008 EBIA Weekly
- QUESTION: I’ve just been hired to help administer my company’s health and welfare plans, and am trying to understand the difference between a plan document and an SPD. Can you explain what the difference is between ...
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- Participant Not Entitled to Additional Review of Denied Disability Claim
- From the November 20, 2008 EBIA Weekly
- The participant in this case, an accountant, claimed she was unable to work due to arthritis and sought benefits under her employer’s LTD plan. The plan’s insurer denied the claim based on medical reports suggesting that, ...
