EBIA Weekly Archives

Below is a list of EBIA Weekly articles from 2000 to present, in reverse chronological order.

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  1. Oral Statements Allegedly Changing Plan Terms Did Not Support Claim for Fiduciary Breach
    From the October 08, 2009 EBIA Weekly
    In this case, executives of a subsidiary group that merged with its parent company sued the parent (and plan sponsor) for alleged oral misrepresentations about how their pensions would be calculated. According to the executives, they were promised that their ...
    [Ladouceur v. Credit Lyonnais, 2009 WL 3104039 (2d Cir. 2009)]
  2. When is a qualified beneficiary's COBRA election late?
    From the October 08, 2009 EBIA Weekly
    QUESTION: We received a former employee’s mailed COBRA election a few days after the 60-day election period permitted by our group health pan. Is it safe to treat it as late and refuse to provide COBRA coverage? ...
  3. Health Plan May Not Sue Under ERISA for Benefits Paid to Ineligible Former Spouse (but State-Law Claims May Still Be Possible)
    From the October 08, 2009 EBIA Weekly
    In a familiar fact pattern, the employee in this case failed to notify his group health plan after he and his covered spouse divorced. In the interim, the ineligible former spouse incurred over $13,000 in medical expenses that were ...
    [N.Y. State Teamsters Council Health & Hosp. Fund v. Williams, 2009 WL 2515671 (N.D.N.Y. 2009)]
  4. IRS Updates Guidance on Per Diem Allowances and Optional Method for Computing Travel Expense Deductions
    From the October 08, 2009 EBIA Weekly
    The IRS has issued Revenue Procedure 2009-47, updating the rules under which a per diem allowance or reimbursement for certain travel expenses will be deemed substantiated under the accountable plan rules. By way of background, the accountable plan rules ...
    [Rev. Proc. 2009-47 (Oct. 1, 2009)]
  5. Second Circuit Finds That Employer's Practice of Paying for Release Agreements Does Not Create an ERISA Plan
    From the October 08, 2009 EBIA Weekly
    In this case, a former employee argued that her employer’s ongoing practice of offering payments to certain terminating employees in exchange for signing release agreements was an ERISA plan. As background, ERISA applies only if there is a &#...
    [Kawski v. Johnson & Johnson, 2009 WL 2750691 (2d Cir. 2009)]
  6. Agencies Are Working on MHPAEA Regulations With the Goal of Issuing Them by January 2010, Per HHS Secretary
    From the October 08, 2009 EBIA Weekly
    In an October 2, 2009 letter to Senator Al Franken, HHS Secretary Kathleen Sebelius reported on agency efforts to develop regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). As background, ...
    [Letter from Kathleen Sebelius, HHS Secretary, to Al Franken, U.S. Senator (Oct. 2, 2009)]
  7. GINA Regulations Address Collection and Use of Genetic Information, Limit Scope of Health Risk Assessments
    From the October 08, 2009 EBIA Weekly
    Last week we reported that two sets of rules covering the group health and individual market requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA) had been released. Both sets of rules have now been published in the Federal ...
    [Interim Final Rules Prohibiting Discrimination Based on Genetic Information in Health Insurance Coverage and Group Health Plans, 74 Fed. Reg. 51664 (Oct. 7, 2009); HIPAA Administrative Simplification: Standards for Privacy of Individually Identifiable Health Information, 74 Fed. Reg. 51698 (Oct. 7, 2009)]
  8. No COBRA for Former Spouse Who Did Not Provide Timely Notice of Divorce
    From the October 01, 2009 EBIA Weekly
    The health plan in this case became aware of a participant’s divorce several months after it became final. The plan then notified the participant’s former spouse that she was not entitled to COBRA because the plan ...
    [Ludwig v. Carpenters Health & Welfare Fund of Philadelphia & Vicinity, 2009 WL 3014939 (E.D. Pa. 2009)]
  9. Will an SPD posted on our company's intranet satisfy the requirement under ERISA to deliver SPDs to participants?
    From the October 01, 2009 EBIA Weekly
    QUESTION: Our plan administrator would like to post our company’s employee benefit plan SPDs on the company’s intranet instead of delivering paper copies to participants. Would this method of delivering SPDs satisfy ERISA? ANSWER: Yes, if ...
  10. IRS and Treasury Officials Provide Informal Views on Safe Harbor Contributions, ADP/ACP Testing Methods, and W-2 Imputed Income
    From the October 01, 2009 EBIA Weekly
    The Joint Committee on Employee Benefits (JCEB) of the American Bar Association has reported on its May 2009 Q&A session with IRS and Treasury officials. Highlights include unofficial, nonbinding remarks about these 401(k)-related plan topics: reducing ...
    [ABA Joint Committee on Employee Benefits, Meeting with IRS and Treasury Officials (May 7-9, 2009)]

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