EBIA Weekly Archives - ERISA - Statutes

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Results (152 articles found)


  1. DOL Offers Informal Views on Claims Procedures, MEWAs, Transferring Assets to TPAs, and Other ERISA Issues
    From the October 06, 2005 EBIA Weekly
    The American Bar Association's Joint Committee on Employee Benefits (JCEB) has posted the report of its annual question and answer session with DOL officials. These sessions address questions submitted to the DOL in advance; the 2005 session involved several ...
    [ABA Joint Committee on Employee Benefits, Meeting With DOL Officials (May 18, 2005)]
  2. Time Frames Extended Under COBRA, HIPAA, and ERISA Claims Procedures for Victims of Hurricane Katrina
    From the September 22, 2005 EBIA Weekly
    Caution: The DOL and IRS have extended the period that must be disregarded under this relief to February 28, 2006 (see our article at http://www.ebia.com/WeeklyArchives/ERISA/Statutes/18034). The DOL and IRS have announced additional relief ...
    [Extension of Certain Time Frames for Employee Benefits Plans Affected By Hurricane Katrina, 70 Fed. Reg. 55499 (Sept. 21, 2005)]
  3. DOL Proposes Mandatory Electronic Filing of Form 5500s
    From the September 01, 2005 EBIA Weekly
    The DOL currently uses an automated document processing system, known as EFAST, to process Form 5500s. EFAST currently accepts (1) government printed "hand print" forms, which must be filed on paper; (2) computer-generated paper forms, which also must be ...
    [Prop. DOL Regs. Secs. 2520.104a-2, 2520.103-1, 2520.103-2, 2520.103-9, and 2520.103-12, 70 Fed. Reg. 51542 (Aug. 30, 2005)]
  4. State Premium Tax and High-Risk Pool Assessment on Self-Funded MEWAs Not Preempted by ERISA
    From the August 18, 2005 EBIA Weekly
    The state of Washington adopted a law that would impose premium taxes and high-risk pool assessments on self-funded multiple employer welfare arrangements (MEWAs), to the extent that the taxes and assessments would not be preempted by ERISA. (A ...
    [DOL Advisory Opinion 2005-18A (Aug. 1, 2005)]
  5. Advance Form 5500 for 2005 Plan Year Reporting in 2006
    From the July 28, 2005 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 benefits plans reporting on 2005 plan years (generally, those are plan years beginning during 2005 for ...
    [Form 5500 (Annual Return/Report of Employee Benefit Plan) (2005)]
  6. Medical Experts Consulted in Connection With ERISA Benefit Appeals Need Not Be Licensed in Any Particular State
    From the June 23, 2005 EBIA Weekly
    In the face of several patient claim denials, a Michigan chiropractor asked the DOL for advice on whether health care professionals consulted by plan fiduciaries should be licensed either in the state where the health services were provided or in ...
    [DOL Advisory Opinion 2005-16A (June 10, 2005)]
  7. DOL Addresses How ERISA Claims Procedure Regulations Apply to AD&D Benefits
    From the May 26, 2005 EBIA Weekly
    In this Advisory Opinion, the DOL responded to an insurance brokerage firm's request for guidance as to whether certain employer-provided accidental death and dismemberment (AD&D) benefits were subject to the ERISA claims regulations' special requirements for disability ...
    [DOL Advisory Opinion 2005-06A (Apr. 11, 2005)]
  8. DOL Explains What Portion of an Insurer's Distribution to a Group Policyholder Constitutes Plan Assets
    From the May 26, 2005 EBIA Weekly
    In this advisory opinion, the DOL addressed a proposed distribution from an insurance company's excess surplus to employers named as policyholders on the insurer's group health policies. (The excess surplus resulted from the insurance company's settlement of ...
    [DOL Advisory Opinion 2005-08A (May 11, 2005)]
  9. DOL Advises That ERISA Does Not Preempt Certain State Actions to Recoup Medicaid Payments From Health Plans
    From the April 28, 2005 EBIA Weekly
    This Advisory Opinion addressed whether ERISA preempts state laws allowing state Medicaid programs to obtain reimbursement from group health plans for payments made by the programs. (In some cases, states may make Medicaid payments to cover prescription drug expenses for ...
    [DOL Advisory Opinion 2005-05A (Mar. 23, 2005)]
  10. Fiduciary's Removal From Decisionmaking to Avoid Conflict of Interest Not Enough: Material Information Must Be Disclosed
    From the April 28, 2005 EBIA Weekly
    In this Advisory Opinion, the DOL again states its view that when an ERISA fiduciary removes himself or herself from fiduciary decisionmaking to avoid a conflict of interest, the fiduciary's duty does not end with the removal; the fiduciary ...
    [DOL Advisory Opinion 2005-04A (Mar. 25, 2005)]

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