Angela Bohmann

Angela Bohmann

Stinson Leonard Street

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Governments May Be Exempt From ERISA, But They Are Not Exempt From Securities Laws

ERISA lawyers know that employee benefit plans offered by state and local governments to their employees are not subject to ERISA, the federal law that generally governs benefit plans of private employers. However, other...more

8/22/2014 - Employee Benefits ERISA Securities State and Local Government

Can A Failure To Hire Violate ERISA?

A recent decision of the federal district court for the southern district of Ohio raises interesting questions under Employee Retirement Income Security Act of 1974 (ERISA) that might also affect employer liability under the...more

5/14/2014 - ADA Affordable Care Act Age Discrimination Disability Discrimination Employee Rights Employer Group Health Plans Employer Liability Issues ERISA Full-Time Employees Hiring & Firing

Another Way To Become Personally Liable To A Multiemployer Plan

I have blogged in the past about individuals and businesses that are not signatories to a collective bargaining agreement being found liable for withdrawal liability imposed by multiemployer pension plans (plans jointly...more

3/26/2014 - Breach of Duty Delinquent Contributions Employer Liability Issues ERISA Fiduciary Duty Multi-Employer Pensions Retirement Plan

Are All Severance Plans Subject To ERISA?

I blogged recently about an ERISA case involving an executive severance plan where the executive sued claiming that his employment termination was effective before the first anniversary of a change in control, thereby...more

11/21/2013 - ERISA Severance Agreements Termination

Bad Faith Termination Can Be Good ERISA Interference Claim

It is not uncommon for employers to have executive severance plans that pay substantial severance if an executive loses employment in connection with a change in control. In a recent federal district court decision, a former...more

11/15/2013 - Bad Faith Change in Control Employer Liability Issues ERISA Retaliation Severance Agreements Termination

More About HRAs And Some About EAPs

I blogged recently about IRS and Department of Labor (DOL) guidance restricting the ability of employers to subsidize individual health insurance premiums for their employees after December 31, 2013. That IRS and DOL guidance...more

10/14/2013 - Affordable Care Act DOL EAP Employer Group Health Plans ERISA Health Insurance Exchanges Healthcare HRA IRS Premiums

IRAs And Bankruptcy – This Is A Technical One

This post deals with protecting IRAs in bankruptcy – and the IRA was ultimately protected – but the arguments made are ones that only an ERISA junkie might appreciate....more

7/15/2013 - Consumer Bankruptcy DOL ERISA IRA Tax Exemptions

Health Insurance Carriers Must Also Be Careful In What They Tell Plan Participants

I blogged recently warning employers to be careful when enrolling employees in plan benefits because the employer could be responsible to pay life insurance or disability benefits if an employee who is improperly enrolled...more

6/26/2013 - CIGNA v Amara Employer Group Health Plans ERISA Fiduciary Duty Healthcare

Be Careful With Your Life Insurance Enrollments

Over the years there have been a number of cases that have involved employers improperly enrolling employees in group life or disability insurance benefits....more

6/25/2013 - CIGNA CIGNA v Amara Disability Insurance Eligibility Employee Benefits ERISA Life Insurance

Okay For Health Plan To Cover Same Sex But Not Opposite Sex Domestic Partners

I have always been interested in the intersection of employment law and benefits law....more

6/24/2013 - Domestic Partnership ERISA FMLA Health Plan Sponsors Marital Status Same-Sex Marriage

It Pays To Add A Statute Of Limitations To Your Plan’s Claims Procedure

ERISA requires that plans contain a reasonable claims procedure. Courts have generally required claimants to exhaust that claims procedure before filing a lawsuit. In addition, if the plan gives the plan administrator...more

3/12/2013 - Claim Denial Letters ERISA Statute of Limitations Summary Plan Description

Be Careful How You Word Your Claims Procedure

In a recent decision of the United States District Court for the Eastern District of Oklahoma, a retiree who had begun work as a union employee and who during his employment was promoted to a salaried position, sued his...more

12/26/2012 - Administrative Appeals Appeals ERISA Patent Exhaustion Pensions Retirement Plan Wages

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