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October 31, 2019

The Employee Benefits Security Administration (EBSA) is the agency under the Department of Labor that administers, regulates, and enforces the requirements of ERISA regarding retirement and health and welfare plans. It was recently announced that, effective October 1,...

October 17, 2019

In a recent case from the Second Circuit, the court took a look at a health plan’s combined Plan Document/SPD and determined it failed to adequately and succinctly describe the plan’s benefits, as is required by ERISA. Specifically, the court focused on a few deficienc...

October 7, 2019

COBRA is the federal law that requires employees and beneficiaries to have the opportunity to continue health benefits after experiencing certain “qualifying events” that would normally cause the termination of health coverage. COBRA requires that a health plan send el...

September 26, 2019

Many health plans, on the constant endeavor to reduce the costs of health benefits, are discouraging spouses from enrolling in their plan. One survey showed that over 20% of health plans place restraints on spousal coverage. Plans may choose to simply refuse to offer c...

September 16, 2019

Health plans subject to COBRA must offer COBRA continuation coverage when certain events occur that trigger a participant to lose coverage. One of those qualifying events is the termination of the employee’s employment, as long as the termination is not the result of t...

September 9, 2019

Two law firms have recently filed a total of nine class action lawsuits arguing that certain pension plans are miscalculating optional forms of benefits and early retirement benefits. The lawsuits allege that plans are relying on outdated mortality tables and interest...

August 28, 2019

In late July, the House passed the Rehabilitation for Multiemployer Pensions Act, also known as the Butch Lewis Act, in a 264-169 vote. Supporters of the legislation hope that it will stabilize and strengthen struggling multiemployer pension plans. Specifically, if the...

August 15, 2019

ERISA holds plan fiduciaries to incredibly high standards— fiduciaries must act in the exclusive interest of the participants, and for the exclusive purpose of providing benefits and paying plan expenses. Fiduciaries do not need to be named as such in the plan document...

August 2, 2019

ERISA regulations require plans to outline how they will decide claims for medical and disability benefits, along with any subsequent appeals. The regulations also set certain minimum standards for the plan’s procedures, including setting a maximum number of days that...

July 30, 2019

The Supreme Court's upcoming term is rich with ERISA cases, having already granted hearings on two cases and considering hearing two more. The first case, Intel Corp. Investment Policy Committee v. Sulyma, is a class action where the Court will decide what it means for...

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