EBIA Weekly Archives - ERISA - Court Cases
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Results (852 articles found)
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- Plan Administrator Cannot Rely on SPD Posted on Intranet Without Evidence of Measures to Ensure Actual Receipt
- From the June 05, 2008 EBIA Weekly
- DOL regulations permit employee benefit plan documents, including the summary plan description (SPD), to be furnished through electronic media. But the regulations impose certain conditions, including that the plan take “appropriate and necessary measures reasonably calculated to ensure that ...
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- Ninth Circuit Rules That Employer Was Free to Terminate Severance Benefits Because They Were Not Vested Under ERISA
- From the May 22, 2008 EBIA Weekly
- This case involved a claim that an employer could not terminate a severance plan because the benefits had vested under ERISA. The employee (and several similarly situated individuals) argued that the plan could not be terminated because the employee handbook ...
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- Court Suspends Deadline for Filing Lawsuit While Participant Exhausted Plan's Administrative Appeals
- From the May 22, 2008 EBIA Weekly
- After her LTD benefits were terminated, the participant in this case filed an administrative appeal. Two years after the appeal was denied—and more than three years after the termination of her benefits—the participant sued the plan. ...
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- ADA and ERISA Claims Proceed for Employees Terminated After Child Incurred Large Medical Expenses
- From the May 15, 2008 EBIA Weekly
- Employees whose child with brain cancer had coverage under their employer’s group health plan were terminated. They sued under the Americans with Disabilities Act (ADA) provision that prohibits discrimination based on association with a disabled person, claiming that ...
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- Prison Sentences Upheld for Unpaid Plan Contributions Under ERISA Theft Statute
- From the May 08, 2008 EBIA Weekly
- Over a two-year period, the corporate executives in this case (a CEO and CFO) failed to make required contributions to the company’s retirement plans and failed to use employee health plan contributions to pay benefits under that ...
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- Insurer Operating Under an ASO Agreement May Sue Employer for Reimbursement of Fronted Health Plan Benefits
- From the May 01, 2008 EBIA Weekly
- Pursuant to an administrative services only (ASO) agreement, the insurer in this case provided certain services for the employer’s self-insured ERISA health plan, including fronting the payment of benefit claims. Under the arrangement, the insurer did not ...
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- No Fiduciary Liability for Employer or HR Representative Who Gave Participant Inaccurate Benefit Information
- From the April 24, 2008 EBIA Weekly
- The pension plan participant in this case received estimates that overstated the amount of his benefit. The participant later sued to obtain the higher benefit amount, claiming that an HR employee breached his fiduciary duty by giving an incorrect estimate ...
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- Claimant Not Entitled to Appeal-Level Physician's Report Prior to Plan's Final Decision on Appeal
- From the April 24, 2008 EBIA Weekly
- When must medical reports relied on during an administrative appeal be provided to a claimant? The claimant in this case appealed the plan insurer’s decision to terminate her long-term disability benefits. In reviewing its decision, the insurer ...
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- Court Denies Participant's Request for Claims Guidelines That Were Not Relied Upon in Determining Her Claim
- From the April 17, 2008 EBIA Weekly
- Does a claims administrator have to make its claims management guidelines available to participants? Not always, according to the court in this case. A participant in a self-funded long-term disability plan sued the claims administrator over its disability ...
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- Terminated Employee Who Needed Surgery May Proceed With ERISA Section 510 Interference Claim
- From the April 17, 2008 EBIA Weekly
- The employee in this case was told by his doctor that he would need surgery. A few days after informing his employer of the intended surgery, the employee was terminated due to “lack of work” (though the employer ...
