EBIA Weekly Archives - ERISA

Below is a list of EBIA Weekly articles in the category you selected.

To change or refine the scope of the articles listed, select a category below or perform a search in the column to the left.

We provide free access to our search engine and to the list of search results. The list will include the headline and an excerpt from each EBIA Weekly article that is retrieved as a result of your search.

The full searchable library of EBIA Weekly articles is available on Newsstand.

per page:

Results (1094 articles found)


  1. DOL Finalizes Seven-Business-Day Safe Harbor for Depositing Participant Contributions and Loan Repayments in Small Plans
    From the January 14, 2010 EBIA Weekly
    The DOL has finalized its seven-business-day safe harbor rule for determining when participant contributions (including elective deferrals under a 401(k) plan) become plan assets. Generally, participant contributions to ERISA plans become plan assets as soon as they ...
    [Definition of "Plan Assets"—Participant Contributions, DOL Reg. Sec. 2510.3-102, 75 Fed. Reg. 2068 (Jan. 14, 2010)]
  2. 2009 Form M-1 Now Available; Virtually Unchanged From 2008
    From the January 07, 2010 EBIA Weekly
    The DOL has announced the availability of the 2009 Form M-1, Report for Multiple Employer Welfare Arrangements (MEWAs) and Certain Entities Claiming Exception (ECEs), which is virtually unchanged from 2008. Form M-1 is an annual report that must ...
    [Form M-1 (2009); DOL News Release No. 09-1572-NAT (Dec. 28, 2009)]
  3. Three Form 5500 Developments: EFAST2 Website Goes Live, New Guidance on Submitting Delinquent/Amended Filings, and Agencies Release Form 5500 for Both 2009 and 2010 Plan Years
    From the January 07, 2010 EBIA Weekly
    DOL has ushered in the new year with several developments applicable to Form 5500 filings for plan years beginning on or after January 1, 2009. First, as anticipated, the DOL’s all-electronic system for filing Form 5500s—...
    [EFAST Webpage: All-Electronic Form 5500 Filings (Jan. 1, 2010); "EBSA FAQs: EFAST2 All-Electronic Filing System" (Jan. 2010); Form 5500 (Annual Return/Report of Employee Benefit Plan) (2009) & (2010)]
  4. Benefit Claim Survives Claimant's Failure to Exhaust Administrative Remedies Due to Insurer's Failure to Provide Requested Documents
    From the December 10, 2009 EBIA Weekly
    The insurer for the ERISA long-term disability plan in this case terminated a plan participant’s benefits (for failure to satisfy the applicable disability definition), providing a denial notice that cited the findings of medical and vocational experts ...
    [Brown v. J.B. Hunt Transport Services, Inc., 2009 WL 3818374 (8th Cir. 2009)]
  5. Employer's Hand-Delivery Process for Distributing SPDs Was Sufficient Under ERISA
    From the December 03, 2009 EBIA Weekly
    The trial court in this case found that an employer’s SPD hand-delivery process satisfied DOL regulations, which require that the process be reasonably calculated to ensure that recipients receive SPDs and likely to result in full distribution. ...
    [Davis v. AK Steel Corp., 2009 WL 3853608 (W.D. Pa. 2009)]
  6. Disability Plan's Interpretation of Earnings to Exclude Commissions Upheld as Reasonable
    From the December 03, 2009 EBIA Weekly
    This case involved a dispute about the amount of long-term disability benefits payable to a disabled employee who had transferred from a management to a nonmanagement sales position before her disability began. Under the plan, benefits for management salespeople ...
    [Wallace v. Johnson & Johnson, 2009 WL 3294841 (1st Cir. 2009)]
  7. Cancer Insurance Policy Endorsed by Employer and Offered Through Cafeteria Plan Was an ERISA Plan
    From the November 24, 2009 EBIA Weekly
    An employee’s spouse sued the insurer of her cancer insurance policy in state court after it refused to pay for medical treatment she had received. The insurer removed the case to federal court, arguing that her claim was ...
    [Lee v. Liberty Nat'l Life Ins. Co., 2009 WL 3316371 (S.D. Ga. 2009)]
  8. State's Practice of Preventing Insurers From Including Discretionary Clauses in Insurance Policies Not Preempted by ERISA
    From the November 24, 2009 EBIA Weekly
    As we previously reported, an insurer challenged the Montana Insurance Commissioner’s interpretation of a state law requiring the Commissioner to disapprove insurance contracts with inconsistent, ambiguous or misleading clauses or conditions that “deceptively affect the risk” ...
    [Standard Ins. Co. v. Morrison, 2009 WL 3429501 (9th Cir. 2009)]
  9. Insurer's Untimely Claim Denial Leads to Loss of Deferential Review
    From the November 19, 2009 EBIA Weekly
    The participant in this case sued the insurer of his employer-sponsored accidental death and dismemberment (AD&D) plan after it denied benefits. The participant argued that the trial court should apply the nondeferential, de novo standard of review ...
    [Rasenack v. AIG Life Ins. Co., 2009 WL 3526490 (10th Cir. 2009)]
  10. Attorney's Letter Stating "Intention to Appeal" Was Not an Appeal
    From the November 19, 2009 EBIA Weekly
    The participant receiving long-term disability benefits in this case was notified by the insurer for her employer’s plan that benefits would be terminated because she was no longer disabled and that she had 180 days to appeal. ...
    [Swanson v. Hearst Corp. Long Term Disability Plan, 2009 WL 3582435 (5th Cir. 2009)]

EBIA Weekly

Keep up on all the latest developments with our
FREE email newsletter.

Sign up for EBIA Weekly!

Web Seminars

View all »

Search help »

News and Information

View all »