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