EBIA Weekly Archives - ERISA
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Results (1066 articles found)
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- No Voluntary Plan Exemption Where Employer Determined Eligibility and Assumed Administrative Role
- From the May 07, 2009 EBIA Weekly
- After being hospitalized for depression, the employee in this case asked her employer to complete her application for short-term disability benefits. Instead, the employer terminated the employee and told her that it was not required to complete the application. ...
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- COBRA Initial Notice Provided to New Employee Within 19 Days of Becoming Covered by Group Health Plan Was Timely
- From the May 07, 2009 EBIA Weekly
- Along with several other claims asserted in this employment dispute, the employee alleged that his former employer had not provided a timely COBRA initial notice and that his enrollment date under the employer’s health plan should have occurred ...
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- Claimant Not Entitled to Review and Rebut Documents Generated in Administrative Appeal Until After Decision on Appeal
- From the April 30, 2009 EBIA Weekly
- After her claim for short-term disability benefits was denied, the claimant in this case appealed the denial under the plan’s two-level appeal process. The denial was upheld at both appeal stages. The second-level appeal denial ...
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- Several States Expand Marriage Rights for Same-Sex Couples
- From the April 23, 2009 EBIA Weekly
- In developments that appear to reflect a general trend, two more states now recognize same-sex marriage and one more state now provides a marriage equivalent for same-sex couples. In Iowa, marriage rights were changed by the Varnum decision, ...
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- No Penalties for Employer That Did Not Provide COBRA Election Notice for Life Insurance Plan
- From the April 23, 2009 EBIA Weekly
- After a life insurance plan participant died, his beneficiaries sued his employer, seeking death benefits under the plan and statutory penalties for failure to provide a COBRA election notice. The beneficiaries argued that the employer violated COBRA when it failed ...
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- In Health Plan Eligibility Dispute, SPD in Effect on Application Deadline Governs
- From the April 16, 2009 EBIA Weekly
- On several occasions before she retired, the employee in this case asked her employer’s health plan to tell her what she had to do to add her disabled dependent adult son to her retiree coverage under the plan. ...
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- Employees Discharged Due to Plant Closing May Not Proceed With ERISA Section 510 Interference Claim
- From the April 09, 2009 EBIA Weekly
- A group of former employees claimed that their employer violated ERISA Section 510 when it closed the plant where they worked and discharged them to prevent their retirement eligibility. (ERISA Section 510 makes it unlawful to discharge or otherwise discriminate ...
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- Widow's Claims Against Employer and Insurer Are Dismissed Because Death Benefit Was Paid According to Plan Procedures
- From the April 02, 2009 EBIA Weekly
- In this case, a widow claimed that her deceased husband’s life insurance benefits were improperly paid to his daughter, stepson, and two other family members pursuant to a beneficiary designation signed by the husband just three days before ...
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- Health Plan's Appeals Process Failed to Substantially Comply With ERISA's Claims Procedure Requirements
- From the April 02, 2009 EBIA Weekly
- The participant in this case had heart surgery and was later placed in a nursing home. The plan administrator of his health plan initially reimbursed his nursing home expenses, treating them as covered skilled nursing care. But the plan administrator ...
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- Bankrupt TPA Is a Fiduciary, and ERISA Plan Assets Held in Its Bank Accounts Can't Be Reached by Non-ERISA Creditor
- From the March 26, 2009 EBIA Weekly
- The TPA in this case served as claims administrator for employers’ health plans, and filed for bankruptcy after it ran short of funds to pay claims. The bank where the TPA kept two accounts filed a claim against the ...
