EBIA Weekly Archives - ERISA - Questions

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  1. Who is the plan administrator for our company's ERISA welfare benefits if the plan documents do not designate a plan administrator?
    From the April 03, 2008 EBIA Weekly
    QUESTION: Our company provides insured major medical, dental, vision, and long-term disability benefits and also provides a health FSA funded by employee salary reductions through a cafeteria plan. Since no plan administrator is identified in the documents that the ...
  2. Do we have to provide SPDs to health plan participants every year?
    From the March 20, 2008 EBIA Weekly
    QUESTION: In past years, we have provided SPDs to the participants in our health plans every year along with plan enrollment materials. Are we required to provide health plan SPDs that often? ANSWER: No. In general, and as discussed in ...
  3. Will including a privacy notice in our health plan's SPD satisfy HIPAA's privacy notice distribution requirements?
    From the March 06, 2008 EBIA Weekly
    QUESTION: Our company has a new self-insured health plan, and we are preparing the plan’s SPD and HIPAA privacy notice. Can we satisfy HIPAA’s privacy notice distribution requirements by placing the privacy notice in the ...
  4. Is our ERISA plan required to use the Code's definition of tax dependent in defining who is an eligible child?
    From the January 03, 2008 EBIA Weekly
    QUESTION: Are ERISA plans required to use the Code’s definition of tax dependent in defining who is an eligible child? ANSWER: No. As background, although ERISA doesn’t require the sponsor of an ERISA welfare plan to ...
  5. Who must receive SPDs for ERISA welfare plans?
    From the October 25, 2007 EBIA Weekly
    QUESTION: We are reviewing the SPD procedures for our ERISA welfare plans and need some guidance on distribution rules. Who must receive SPDs for ERISA welfare plans? ANSWER: As explained in more detail below, ERISA welfare plans (plans subject to ...
  6. Is a TPA liable for COBRA penalties if an election notice the TPA sends is late because the employer was late in notifying the TPA of an employee's job termination?
    From the September 13, 2007 EBIA Weekly
    QUESTION: We are a TPA and perform COBRA administration for many clients, including preparation and mailing of required election notices. If we send a late election notice because an employer was late in notifying us of an employee termination, who ...
  7. For insured ERISA benefits, what constitutes the ERISA-required plan document?
    From the August 16, 2007 EBIA Weekly
    QUESTION: I’m responsible for administering our company’s ERISA benefits, including a 401(k) plan and insured major medical, dental, vision, and long-term disability benefits. We have one document that describes the 401(k) plan, which ...
  8. What extensions of time are available when administering incomplete post-service claims?
    From the August 09, 2007 EBIA Weekly
    QUESTION: I work for a TPA that provides claims administration services to ERISA group health plans. My question involves claims that are submitted without complete information. I know that the time to decide a reimbursement claim and notify the claimant (...
  9. Can our plan rely on our company's federal income tax extension instead of filing a Form 5558?
    From the June 21, 2007 EBIA Weekly
    QUESTION: We obtained an extension on the due date for our company’s federal income tax return from March 15 to September 15. We’ve heard that we can use this extension to extend the due date of ...
  10. Is an SPD required for our company's health FSA?
    From the June 14, 2007 EBIA Weekly
    QUESTION: Our company will soon begin offering a health FSA. Will we need to prepare and distribute a summary plan description (SPD) for this new benefit? If so, what information must be included? ANSWER: An SPD will be required for ...

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