EBIA Weekly Archives - ERISA - Questions
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Results (74 articles found)
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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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- 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 ...
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- 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 ...
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- 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 ...
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- 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 ...
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- 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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- Do we get extra time to decide second appeals under our health plan?
- From the February 19, 2009 EBIA Weekly
- QUESTION: We are considering adding a second level of appeal for denied claims under our health plan. Do we get extra time to decide the second appeal? ANSWER: No. Plans that provide for two levels of appeals must complete both ...
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- Can Medicare Part D creditable coverage disclosure notices be provided electronically?
- From the February 05, 2009 EBIA Weekly
- QUESTION: Our company’s major medical plan includes prescription drug coverage. In the past, we have provided paper Medicare Part D creditable coverage disclosure notices to Part D eligible individuals. Can we provide these notices electronically? ANSWER: CMS has ...
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- How do we decide what plan number to assign to a new plan?
- From the January 22, 2009 EBIA Weekly
- QUESTION: Our company is planning to establish a new health plan. How do we determine what plan number to assign to our new plan? ANSWER: The plan number is a three-digit number that the plan sponsor assigns to a ...
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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 ...
