EBIA Weekly Archives - ERISA

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  1. 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 ...
  2. Former Employees Have No Claim Against Bankrupt Employer for Unpaid Medical Bills, But Can Seek Unpaid Employee Health Premiums
    From the October 01, 2009 EBIA Weekly
    Just weeks before filing for bankruptcy, the employer in this case failed to pay the employer and employee portions of insurance premiums to the insurer of its health plan, and the insurer terminated coverage. Former employees who had regular or ...
    [Leslie v. Champion Parts, Inc., 2009 WL 2781675 (W.D. Ark. 2009)]
  3. DOL Releases New FAQs on All-Electronic Form 5500 Filing Under EFAST2
    From the September 24, 2009 EBIA Weekly
    The DOL’s EFAST website now contains 45 FAQs addressing EFAST2, the all-electronic filing system for Form 5500 that is scheduled to be available beginning January 2010. As background, final DOL regulations issued in 2007 require that all ...
    [EBSA EFAST2 All-Electronic Filing System" (Sept. 2009)]
  4. 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 ...
  5. OPM Proposes Long-Term Care and Leave Benefits for Domestic Partners of Federal Employees
    From the September 17, 2009 EBIA Weekly
    In June 2009, President Obama directed that benefits for federal employees be expanded to include same-sex domestic partners to the extent consistent with federal law. The federal Office of Personnel Management (OPM) has now issued proposed regulations that would (...
    [Federal Long Term Care Insurance Program: Eligibility Changes, 74 Fed. Reg. 46937 (Sept. 14, 2009); Absence and Leave; Sick Leave, 74 Fed. Reg. 46934 (Sept. 14, 2009)]
  6. SPD and Denial Letters Adequately Disclosed One-Year Limitations Period
    From the September 17, 2009 EBIA Weekly
    The employee in this case sued her employer’s self-funded short-term disability plan after her claim for benefits was denied. Her lawsuit was dismissed, however, because it was filed 20 days after the plan’s one-...
    [Scharff v. Raytheon Co. Short Term Disability Plan, 2009 WL 2871229 (9th Cir. 2009)]
  7. TPA's Fiduciary Liability Was Properly Limited to the Amount of Health Plan Assets Over Which It Exercised Control
    From the September 10, 2009 EBIA Weekly
    A company edging toward bankruptcy stopped contributing to its self-funded health plan. The plan’s TPA terminated its contract with the company, and then wrote three checks (totaling approximately $10,700) on the plan’s account: one ...
    [Briscoe v. Preferred Health Plan, Inc., 2009 WL 2589678 (6th Cir. 2009)]
  8. DOL Staff Members Provide Informal Views on SPDs/SMMs and Issues Under the Davis-Bacon And Service Contract Acts
    From the September 03, 2009 EBIA Weekly
    The Joint Committee on Employee Benefits (JCEB) of the American Bar Association has reported on its May 7, 2009 Q&A session with DOL staff members. Highlights include unofficial, nonbinding remarks about these welfare plan topics: (1) SPD requirements ...
    [ABA Joint Committee on Employee Benefits, Meeting with Department of Labor Staff (May 7, 2009)]
  9. Employee's Letter in Response to Insurer's Decision to Close Claim Was Not an Appeal
    From the September 03, 2009 EBIA Weekly
    This case addresses what constitutes an appeal under the DOL claims procedure regulations. The employee in the case stopped going to work due to a health condition and sought benefits under her employer’s long-term disability plan. According ...
    [Celio v. First Unum Life Ins. Co., 2009 WL 2460785 (C.D. Cal. 2009)]
  10. Seventh Circuit Emphasizes Need to Assess the "Gravity" of Any Conflict of Interest in Its Latest Post-Glenn Decision
    From the August 27, 2009 EBIA Weekly
    The Seventh Circuit has decided another case addressing the effect of the Supreme Court’s Glenn decision when applying the deferential abuse of discretion standard of review in a conflict of interest situation. (For a discussion of two other ...
    [Marrs v. Motorola, Inc., 2009 WL 2477650 (7th Cir. 2009)]

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