EBIA Weekly Archives - ERISA
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Results (1066 articles found)
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- Court Denies Penalties for Document-Request Failure When Participant Not Harmed
- From the June 18, 2009 EBIA Weekly
- The participant in this lawsuit, which included a claim for severance benefits, sought ERISA penalties for the employer’s alleged failure to timely provide plan documents that she had requested. The participant claimed that the plan failed to respond ...
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- Plan Provision Relieving Trustee of Duty to Monitor and Collect Contributions Is Void as Against Public Policy
- From the June 11, 2009 EBIA Weekly
- The DOL, in this case, asked the court to declare that a plan provision relieving the trustee of any duty to monitor or collect required employer contributions was void as against public policy under ERISA Section 410 (which voids any ...
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- Administrator Breached Fiduciary Duties by Loaning Plan Funds to Start-Up Company
- From the June 11, 2009 EBIA Weekly
- This fiduciary breach case involved a series of loans made with plan funds from an ERISA welfare benefit trust to a start-up company. The loans were recommended as plan investments by an investment advisor, who indicated to the plan ...
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- Retirees Can Proceed With Claim That Employer Violated ERISA in Terminating Their Health Benefits
- From the June 04, 2009 EBIA Weekly
- The retirees in this case were covered under a series of collective bargaining agreements (CBAs), each of which incorporated a benefits booklet that provided for retiree health benefits. Several years after the mill where the retirees had worked was closed, ...
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- ERISA Does Not Preempt State Laws Preventing Insurers From Including Discretionary Language in Insurance Policies
- From the May 28, 2009 EBIA Weekly
- Two more courts have concluded that ERISA does not block the enforcement of state laws that prohibit “discretionary” language in insurance policies issued under ERISA plans. (As background, discretionary language reserves discretion to interpret the plan and is ...
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- Is a health plan that covers only independent contractors subject to COBRA?
- From the May 21, 2009 EBIA Weekly
- QUESTION: Our company sponsors two separate health plans, one for our common-law employees and one for certain independent contractors that provide services to us. Is the health plan that covers only independent contractors subject to COBRA? ANSWER: Yes. Under ...
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- First Circuit Refines Its Standard of Review Analysis Based on Supreme Court's Glenn Decision
- From the May 21, 2009 EBIA Weekly
- The First Circuit has reviewed its analysis of the standard of review applicable in ERISA benefits litigation and found the need for only modest refinements in light of the U.S. Supreme Court’s Glenn decision. As background, the ...
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- ERISA Applies to Tribal Disability Plan Covering Casino Employees
- From the May 14, 2009 EBIA Weekly
- This case addresses whether a disability plan covering employees of a tribal government and casino satisfied the exemption from ERISA for governmental plans. The court held that it did not. The Pension Protection Act of 2006 (PPA) amended ERISA’...
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- What are the guidelines for identifying an authorized representative for a benefit claim?
- From the May 07, 2009 EBIA Weekly
- QUESTION: We have just received a request for a health claim appeal from someone claiming to be a participant’s “authorized representative.” Are there guidelines for identifying an authorized representative and for handling benefit claims where an ...
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- Two More Circuits Change Their Standard of Review Analysis Based on Supreme Court's Glenn Decision
- From the May 07, 2009 EBIA Weekly
- The circuit courts continue to address the impact of the U.S. Supreme Court’s Glenn decision on the standard of review applicable in ERISA benefits litigation. (See our articles on Glenn at http://www.ebia.com/WeeklyArchives/ERISA/...
