EBIA Weekly Archives - ERISA
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Results (1094 articles found)
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- 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 ...
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- 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 ...
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- 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—...
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- 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 ...
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- 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. ...
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- 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 ...
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- 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 ...
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- 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” ...
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- 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 ...
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- 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. ...
