EBIA Weekly Archives - ERISA
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Results (1066 articles found)
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- DOL Approves First Commercial Software Vendor for All-Electronic Form 5500 Filing Under EFAST2
- From the August 27, 2009 EBIA Weekly
- The DOL has begun compiling its list of companies that have developed “approved software” for use in preparing and submitting Form 5500 for the 2009 plan year under the new all-electronic EFAST2 system. As background, DOL final ...
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- ERISA Section 404(c) Bars Fiduciary Liability Claims Against Trustee for Losses Caused by Participants' Investment Advisor
- From the August 20, 2009 EBIA Weekly
- Two participants in a 401(k) plan brought this suit against their plan’s trustee after discovering that their accounts had suffered substantial losses through the actions of the investment advisor whom both participants had appointed to manage their ...
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- MSP Rules Prohibit Terminating Group Health Plan Coverage Based Solely on ESRD Eligibility, Except as Permitted by COBRA
- From the August 20, 2009 EBIA Weekly
- This case addresses the application of the Medicare Secondary Payer (MSP) rules to Medicare entitlement based on end-stage renal disease (ESRD). A kidney dialysis center (Center), as assignee of a deceased participant’s retiree health care benefits, sued ...
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- Two Seventh Circuit Disability Cases Illustrate Glenn Conflict of Interest Analysis
- From the August 20, 2009 EBIA Weekly
- The Seventh Circuit has decided a pair of LTD benefit cases that consider the impact of the U.S. Supreme Court’s Glenn decision. That case held that if an ERISA plan document gives a plan decisionmaker “discretionary&#...
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- For purposes of the Form 5500 small plan filing exemption, how does our welfare benefit plan show that it is going above or dropping below the 100-participant threshold?
- From the August 13, 2009 EBIA Weekly
- QUESTION: Our welfare benefit plan had over 100 participants in the 2008 plan year and in the beginning of the 2009 plan year had under 100 participants (so it is now a small welfare benefit plan exempt from filing Form ...
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- Participant Who Voluntarily Cashed Out Has Statutory and Constitutional Standing to Sue for Fiduciary Breach
- From the August 13, 2009 EBIA Weekly
- In this case, the Ninth Circuit clarified its earlier holding that former employees who have cashed out of a defined contribution plan are still “participants” with standing to sue for a breach of fiduciary duty that allegedly reduced ...
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- SPD Disclaimer Does Not Cure Conflict in Plan Documents Regarding Grant of Discretionary Authority
- From the August 13, 2009 EBIA Weekly
- The employee in this case was denied disability benefits and sued his employer’s plan. In this decision affecting only the standard of review to be applied in later proceedings, the employee asked the court for the less deferential &#...
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- Employee Who Signed Up Ineligible Individual for Health Plan Must Repay Benefits
- From the August 06, 2009 EBIA Weekly
- The employee in this case listed an individual as his spouse for purposes of his employer’s health plan. But the individual was not his spouse, and was ineligible for plan coverage. The plan paid over $70,000 in ...
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- Court Finds That LTD Plan Is Subject to ERISA and Addresses Various Rules Regarding Disability Claim Decisionmaking
- From the July 30, 2009 EBIA Weekly
- The plan participant in this case had several chronic conditions, including morbid obesity and heart problems. After quadruple bypass surgery, he began receiving benefits under his employer’s insured long-term disability (LTD) plan. Some months later, the insurer ...
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- Appeals Court Confirms That CEO Was Not Required to Take Additional Action on Plan Losses
- From the July 30, 2009 EBIA Weekly
- In 2007, we twice reported on the Holdeman case, a class action involving employees who were left with unpaid medical claims when their financially troubled employer failed to adequately fund the company’s self-insured health plan. (See our ...
