EBIA Weekly Archives - ERISA
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Results (1066 articles found)
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- Court Enforces Plan-Imposed Limitations Period for Filing Benefit Lawsuit
- From the July 23, 2009 EBIA Weekly
- The ERISA disability plan participant in this case had received long-term disability benefits for five months when the insurer requested proof of her continued disability (“proof of loss”). After the participant failed to submit additional requested information, ...
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- Termination of Plan Coverage Was an Adverse Benefit Determination
- From the July 16, 2009 EBIA Weekly
- During the time the employee in this case received long-term disability benefits under his employer’s plan, he also paid for and received benefits under the employer’s various welfare benefit plans. After more than seven years, ...
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- Benefit Payments Made From Employer's Zero-Balance Account Did Not Cause STD Plan to Be an ERISA Plan
- From the July 16, 2009 EBIA Weekly
- The employee in this case sued her employer and the TPA of the employer’s short-term disability (STD) plan claiming that they violated ERISA by denying her STD benefits. The employer argued that the ERISA claim should be ...
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- Lender and Consultant Are Not Fiduciaries of Employer's 401(k) Plan Because Neither Exercised Discretion or Control Over Plan or Plan Assets
- From the July 07, 2009 EBIA Weekly
- For more than a year, a financially troubled employer failed to make wage payments and to deposit contributions to its 401(k) plan. Although the employer ultimately paid some of these amounts, many of the contributions to the plan were ...
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- Court Requires Production of Claims Handling Manuals Used in Benefits Denial
- From the July 07, 2009 EBIA Weekly
- This dispute involved a benefits denial under a self-funded ERISA disability plan. After her claim was denied, the employee sued the plan’s claims administrator and her employer, the plan administrator, alleging that the denial was tainted by ...
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- Severance Plan Is Subject to ERISA When Employer Discretion and Ongoing Demands on Employer's Assets Are Present
- From the July 02, 2009 EBIA Weekly
- The employer in this case eliminated six positions and transferred them to another health care provider at a “comparable rate of pay.” The employer determined that the employees who had held the positions were not eligible for benefits ...
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- Notice of Denial on Appeal Faxed to Participant's Attorney Met Delivery Requirements in DOL Regulations
- From the July 02, 2009 EBIA Weekly
- The participant in this case filed a claim under her employer’s disability plan when her benefits were terminated. The plan denied the participant’s claim, and she filed a first-level appeal, which the plan also denied. ...
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- Court Rejects ERISA Section 510 Interference Claim Because Employee Was Not Entitled to Plan Benefits
- From the June 25, 2009 EBIA Weekly
- After announcing his intent to pursue another career, the employee in this case agreed to postpone his departure to help transition his job duties to his replacement. On learning who would replace him, though, the employee made disparaging remarks about ...
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- Plans That Failed to Follow Their Own Procedures Must Pay Spouse Amounts Already Paid to Children
- From the June 18, 2009 EBIA Weekly
- The two 401(k) plans in this case made plan distributions to a deceased participant’s children even after receiving notice that an individual claiming to be the participant’s common-law spouse had started a court proceeding ...
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- Can a plan limit the time a participant or beneficiary has to file a lawsuit after losing an appeal under the plan's claims procedures?
- From the June 18, 2009 EBIA Weekly
- QUESTION: Can our welfare and 401(k) plans impose a one-year deadline for participants or beneficiaries to file a lawsuit if they wish to challenge a final administrative determination under our plans’ claims procedures? ANSWER: Yes, your plans ...
