EBIA Weekly Archives - ERISA

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  1. DOL Releases New FAQs on All-Electronic Form 5500 Filing Under EFAST2
    From the September 24, 2009 EBIA Weekly
    The DOL’s EFAST website now contains 45 FAQs addressing EFAST2, the all-electronic filing system for Form 5500 that is scheduled to be available beginning January 2010. As background, final DOL regulations issued in 2007 require that all ...
    [EBSA EFAST2 All-Electronic Filing System" (Sept. 2009)]
  2. Are our benefit plans affected by state laws recognizing same-sex marriage?
    From the September 17, 2009 EBIA Weekly
    QUESTION: I’ve been reading about all the states that have recently recognized same-sex marriage or given spousal equivalent status to registered domestic partners. Our company has locations in some of those states. We already provide health benefits ...
  3. OPM Proposes Long-Term Care and Leave Benefits for Domestic Partners of Federal Employees
    From the September 17, 2009 EBIA Weekly
    In June 2009, President Obama directed that benefits for federal employees be expanded to include same-sex domestic partners to the extent consistent with federal law. The federal Office of Personnel Management (OPM) has now issued proposed regulations that would (...
    [Federal Long Term Care Insurance Program: Eligibility Changes, 74 Fed. Reg. 46937 (Sept. 14, 2009); Absence and Leave; Sick Leave, 74 Fed. Reg. 46934 (Sept. 14, 2009)]
  4. SPD and Denial Letters Adequately Disclosed One-Year Limitations Period
    From the September 17, 2009 EBIA Weekly
    The employee in this case sued her employer’s self-funded short-term disability plan after her claim for benefits was denied. Her lawsuit was dismissed, however, because it was filed 20 days after the plan’s one-...
    [Scharff v. Raytheon Co. Short Term Disability Plan, 2009 WL 2871229 (9th Cir. 2009)]
  5. TPA's Fiduciary Liability Was Properly Limited to the Amount of Health Plan Assets Over Which It Exercised Control
    From the September 10, 2009 EBIA Weekly
    A company edging toward bankruptcy stopped contributing to its self-funded health plan. The plan’s TPA terminated its contract with the company, and then wrote three checks (totaling approximately $10,700) on the plan’s account: one ...
    [Briscoe v. Preferred Health Plan, Inc., 2009 WL 2589678 (6th Cir. 2009)]
  6. DOL Staff Members Provide Informal Views on SPDs/SMMs and Issues Under the Davis-Bacon And Service Contract Acts
    From the September 03, 2009 EBIA Weekly
    The Joint Committee on Employee Benefits (JCEB) of the American Bar Association has reported on its May 7, 2009 Q&A session with DOL staff members. Highlights include unofficial, nonbinding remarks about these welfare plan topics: (1) SPD requirements ...
    [ABA Joint Committee on Employee Benefits, Meeting with Department of Labor Staff (May 7, 2009)]
  7. Employee's Letter in Response to Insurer's Decision to Close Claim Was Not an Appeal
    From the September 03, 2009 EBIA Weekly
    This case addresses what constitutes an appeal under the DOL claims procedure regulations. The employee in the case stopped going to work due to a health condition and sought benefits under her employer’s long-term disability plan. According ...
    [Celio v. First Unum Life Ins. Co., 2009 WL 2460785 (C.D. Cal. 2009)]
  8. Seventh Circuit Emphasizes Need to Assess the "Gravity" of Any Conflict of Interest in Its Latest Post-Glenn Decision
    From the August 27, 2009 EBIA Weekly
    The Seventh Circuit has decided another case addressing the effect of the Supreme Court’s Glenn decision when applying the deferential abuse of discretion standard of review in a conflict of interest situation. (For a discussion of two other ...
    [Marrs v. Motorola, Inc., 2009 WL 2477650 (7th Cir. 2009)]
  9. 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 ...
    [EFAST Webpage: EFAST2-Approved Software (Aug. 21, 2009)]
  10. 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 ...
    [Tullis v. UMB Bank, N.A., 2009 WL 2435084 (N.D. Ohio 2009)]

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