EBIA Weekly Archives - ERISA
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Results (1094 articles found)
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- One-Time Severance Payment Was Not Subject to ERISA
- From the March 18, 2010 EBIA Weekly
- The employee in this case sued his former employer in state court alleging that the employer had violated a written agreement to pay the employee a lump-sum payment upon the employee’s constructive discharge from employment. (Under the ...
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- Insurance Company Not a Proper Defendant in ERISA Benefit Claim Lawsuit
- From the March 11, 2010 EBIA Weekly
- The employee in this case sued her employer’s insured disability benefit plan and its disability insurance company to recover disability benefits. The insurance company asked the court to dismiss the employee’s claims against it because the ...
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- DOL Releases Statistics on ERISA Benefit Plan Enforcement, Including COBRA Subsidy Statistics, for Fiscal Year 2009
- From the March 04, 2010 EBIA Weekly
- The DOL’s Employee Benefits Security Administration (EBSA), the agency that enforces Title I of ERISA, has released a Fact Sheet reflecting its fiscal year (FY) 2009 enforcement statistics. According to the Fact Sheet, the DOL’s total ...
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- TPA Was an ERISA Fiduciary Despite Contractual Disclaimer of Fiduciary Status
- From the February 25, 2010 EBIA Weekly
- The third-party administrator (TPA) in this case made payments on infertility and mental health claims in excess of the applicable caps and lifetime maximum limits imposed under the employer’s group health plan. The employer, as plan sponsor, ...
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- DOL Posts Six EFAST2 User Guides Providing Assistance for Form 5500 Electronic Filers
- From the February 11, 2010 EBIA Weekly
- DOL has posted on its website six EFAST2 user guides to assist with electronically filing Form 5500 for 2009 and later plan years. Final DOL regulations, originally issued in 2007, require all Form 5500s for plan years beginning on or ...
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- 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 ...
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- DOL Issues Two FAQs on How Pharmacy Benefit Manager Compensation Is Reported for Form 5500 Schedule C Purposes
- From the February 04, 2010 EBIA Weekly
- The DOL has expanded its FAQs about Form 5500 Schedule C disclosures by adding two new questions addressing how pharmacy benefit managers (PBMs) that provide services to ERISA plans are to report direct and indirect compensation for purposes of Schedule ...
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- Administrative Law Judge Upholds Assessment of $86,500 in Penalties for Plan's Failure to File Complete Form 5500
- From the January 28, 2010 EBIA Weekly
- This DOL administrative law judge decision involves a 401(k) plan that was assessed an $86,500 penalty after it failed to include an acceptable accountant’s report with its Form 5500 for the 2004 plan year. After repeatedly ...
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- 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 ...
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- DOL to Propose Expansion of Fiduciary Regulation to Cover Pension Consultants and Other Investment-Related Advisors
- From the January 14, 2010 EBIA Weekly
- The DOL has announced its intent to revise the regulation that determines when a plan investment advisor is considered a plan fiduciary and becomes subject to ERISA’s fiduciary duty rules. Currently, advisors who give investment-related advice but ...
