EBIA Weekly Archives - ERISA - Questions

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Results (78 articles found)


  1. Are plan administrators required to obtain electronic credentials under the DOL's all-electronic Form 5500 filing system?
    From the April 29, 2010 EBIA Weekly
    QUESTION: We will be using a third-party preparer and approved third-party software to submit our Form 5500 under the new all-electronic filing system. As the plan administrator, do we need to obtain electronic credentials? ANSWER: Yes, you ...
  2. Should we use IFILE or EFAST2-approved third-party software to file our Form 5500 electronically?
    From the April 08, 2010 EBIA Weekly
    QUESTION: We’re a plan sponsor preparing to submit Form 5500 for the first time using the DOL’s new all-electronic system. Should we use IFILE or approved third-party software? ANSWER: This will depend on several ...
  3. What is considered an "appeal" under the DOL claims regulations?
    From the February 04, 2010 EBIA Weekly
    QUESTION: What is considered an “appeal” of a benefit denial under the DOL claims regulations? Does it have to be in a specific format, or will any question about a denied benefit constitute an appeal and trigger the ...
  4. Can we ask employees to come to the human resources office to pick up their SPDs?
    From the January 21, 2010 EBIA Weekly
    QUESTION: We have employees who become eligible for benefits during the course of their employment. Can we just put a stack of SPDs in the human resources office and ask employees to come pick one up instead of furnishing the ...
  5. 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 ...
  6. 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 ...
  7. For purposes of the Form 5500 small plan filing exemption, how does our welfare benefit plan show that it is going above or dropping below the 100-participant threshold?
    From the August 13, 2009 EBIA Weekly
    QUESTION: Our welfare benefit plan had over 100 participants in the 2008 plan year and in the beginning of the 2009 plan year had under 100 participants (so it is now a small welfare benefit plan exempt from filing Form ...
  8. Can a plan limit the time a participant or beneficiary has to file a lawsuit after losing an appeal under the plan's claims procedures?
    From the June 18, 2009 EBIA Weekly
    QUESTION: Can our welfare and 401(k) plans impose a one-year deadline for participants or beneficiaries to file a lawsuit if they wish to challenge a final administrative determination under our plans’ claims procedures? ANSWER: Yes, your plans ...
  9. Is a health plan that covers only independent contractors subject to COBRA?
    From the May 21, 2009 EBIA Weekly
    QUESTION: Our company sponsors two separate health plans, one for our common-law employees and one for certain independent contractors that provide services to us. Is the health plan that covers only independent contractors subject to COBRA? ANSWER: Yes. Under ...
  10. What are the guidelines for identifying an authorized representative for a benefit claim?
    From the May 07, 2009 EBIA Weekly
    QUESTION: We have just received a request for a health claim appeal from someone claiming to be a participant’s “authorized representative.” Are there guidelines for identifying an authorized representative and for handling benefit claims where an ...

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