EBIA Weekly Archives - ERISA
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Results (1094 articles found)
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- Ninth Circuit Declines Additional Review of Ruling That ERISA Does Not Preempt San Francisco's Fair Share Law
- From the March 12, 2009 EBIA Weekly
- The Ninth Circuit has declined to rehear a 2008 ruling (by a three-judge panel of the court) that ERISA does not preempt the employer spending requirements of San Francisco’s “fair share” law, under which employers ...
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- Arbitration Agreement Upheld Despite Binding Arbitration and Cost-Sharing Provisions
- From the March 05, 2009 EBIA Weekly
- After suffering a heart attack, the participant in this case was denied benefits under his employer’s health plan. The participant sued the plan, which sought to compel arbitration under an agreement requiring arbitration of any claims associated with ...
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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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- EBSA Issues Guidance on Fiduciary Duties in Response to Alleged Abuses Involving the Madoff Investment Firm
- From the February 12, 2009 EBIA Weekly
- The DOL’s Employee Benefits Security Administration (EBSA) has issued a brief statement on the duties of employee benefit plan fiduciaries in light of alleged abuses involving Bernard L. Madoff Investment Securities LLC. According to the guidance, recent events ...
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- Employee Wins Claims for Breach of Fiduciary Duty Against Employer That Failed to Pay Health Plan Premiums to Insurer
- From the February 12, 2009 EBIA Weekly
- A health plan insurer refused to pay an employee’s significant medical expenses because the employer failed to remit premiums to the insurer, including premium contributions that the employer had deducted from the employee’s pay. The employee ...
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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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- White House Asks Agencies to Delay Publication, Effective Dates of Regulations Pending Review
- From the January 22, 2009 EBIA Weekly
- On Inauguration Day, President Obama’s Chief of Staff issued a memorandum to executive department agencies and heads, advising them of the President’s plan for managing the Federal regulatory process so as to give his appointees and ...
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- 2008 Form M-1, Including Self-Compliance Tool, Made Available by the DOL With Few Changes From the Previous Year
- From the January 08, 2009 EBIA Weekly
- DOL’s Employee Benefits Security Administration has issued the 2008 Form M-1, Report for Multiple Employer Welfare Arrangements (MEWAs) and Certain Entities Claiming Exception (ECEs). Subject to certain limited exceptions, this annual report must be filed with the ...
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- Two More Federal Circuits Consider Impact of Glenn Decision on Standard of Review
- From the January 08, 2009 EBIA Weekly
- Two more circuit courts have reevaluated their standard of judicial review applicable in ERISA benefits litigation in light of the U.S. Supreme Court’s Glenn decision. (See our articles at http://www.ebia.com/WeeklyArchives/ERISA/CourtCases/19423 ...
