Editor's Overview -
As the summer heats up, so too has the U.S. Supreme Court's docket for next term where it has already agreed to hear three ERISA cases and more may be in the works. On the docket already are ERISA...more
7/16/2019
/ 401k ,
Affordable Care Act ,
Anti-Assignment Clauses ,
Benefit Plan Sponsors ,
Certiorari ,
Collective Bargaining Agreements (CBA) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Federal Rules of Civil Procedure ,
Final Rules ,
HRA ,
IBM ,
Retirement Plan ,
Roth IRA ,
SCOTUS ,
Statute of Limitations ,
Stock Drop Litigation
After a brief hiatus, Proskauer's ERISA Newsletter is back with a brand new look. We hope you like it and find it is easier to navigate. In addition to implementing our new format, we have moved to a quarterly publication...more
4/6/2017
/ 401k ,
403(b) Plans ,
Administrative Procedure Act ,
Aetna ,
Affordable Care Act ,
Alternative Pleadings ,
Benefit Plan Sponsors ,
Breach of Duty ,
Chamber of Commerce ,
Class Action ,
Class Certification ,
Collective Bargaining ,
Conflicts of Interest ,
Delays ,
Department of Labor (DOL) ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Exhaustion Doctrine ,
Fiduciary Duty ,
Fiduciary Rule ,
FIfth Third Bancorp v Dudenhoeffer ,
HRA ,
Insider Information ,
IRS ,
Lifetime Health Benefits ,
Mental Health Parity Rule ,
Notice Requirements ,
Pleading Standards ,
Preliminary Injunctions ,
Presidential Memorandum ,
Proposed Legislation ,
Public Disclosure ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs) ,
Repeal ,
Retirement Plan ,
Small Employers ,
Stock Drop Litigation ,
Trump Administration ,
Unilateral Modification ,
Vested Benefits
Editor’s Overview -
This month we review the U.S. Supreme Court’s decision in Montanile v. Board of Trustees of National Elevator Industries Health Benefit Plan where the Supreme Court considered the scope of...more
3/29/2016
/ 401k ,
Affordable Care Act ,
Anti-Assignment Clauses ,
Applicable Large Employers (ALE) ,
Benefit Plan Sponsors ,
Breach of Duty ,
Collective Bargaining Agreements (CBA) ,
Determination on Remand ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Lien ,
Equitable Relief ,
Fiduciary Duty ,
Health Plan Sponsors ,
IRS ,
McCutchen v. U.S. Airways ,
Medical Expenses ,
Medical Liens ,
Montanile v Board of Trustees ,
Penalties ,
Reimbursements ,
Reporting Requirements ,
RJ Reynolds ,
RJR Nabisco ,
SCOTUS ,
Settlement ,
Subrogation ,
Vesting
Editor's Overview -
It has been a little more than one year since the U.S. Supreme Court altered the legal landscape for litigating ERISA breach of fiduciary duty claims relating to the investment in employer stock...more
9/29/2015
/ Administrative Appeals ,
Affordable Care Act ,
Breach of Duty ,
Burwell v Hobby Lobby ,
Cadillac Tax ,
Claim Denial Letters ,
Comment Period ,
Contraceptive Coverage Mandate ,
Cost-Sharing ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Excise Tax ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Final Rules ,
Flexible Spending Accounts ,
Health Insurance ,
Health Savings Accounts ,
Healthcare Costs ,
Income Taxes ,
IRS ,
Multiemployer Plan ,
New Guidance ,
Plan Administrators ,
Pro Rata Allocation Rule ,
Public Information ,
Religious Accommodation ,
Safe Harbors ,
SCOTUS ,
SHOP Program ,
Stock Drop Litigation ,
Subrogation ,
U.S. Treasury ,
Valuation
Editor's Overview -
As the summer draws to a close, this month's Newsletter previews three cases that the U.S. Supreme Court already has agreed to hear that ought to be of particular interest to ERISA plan sponsors and...more
8/28/2015
/ 401k ,
Actual Injuries ,
Affordable Care Act ,
Article III ,
Benefit Plan Sponsors ,
COBRA ,
Defined Benefit Plans ,
Defined Contribution Plans ,
Delta Airlines ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Duty to Disclose ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Relief ,
Fair Credit Reporting Act (FCRA) ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Final Rules ,
HDHP ,
Health Insurance ,
Health Plan Sponsors ,
HSA ,
IRS ,
Medicaid ,
Medicare ,
Montanile v Board of Trustees ,
Non-Grandfathered Health Plans ,
PBGC ,
Penalties ,
Preemption ,
Reimbursements ,
Reporting Requirements ,
SCOTUS ,
Section 510 ,
Spokeo v Robins ,
Standing ,
Stock Drop Litigation ,
Subrogation ,
Summary of Benefits and Coverage ,
Tax Credits ,
Trade Adjustment Assistance ,
Trade Preferences Extension Act (TPEA) ,
U.S. Treasury
Editor's Overview -
This month's article by Lindsey Chopin discusses Affordable Care Act ("ACA") litigation. Just five years old, the Supreme Court has considered issues related to the ACA numerous times. Two of those...more
7/29/2015
/ Affordable Care Act ,
Burwell v Hobby Lobby ,
Chapter 11 ,
Class Certification ,
Clawbacks ,
Commercial Bankruptcy ,
Contraceptive Coverage Mandate ,
Department of Labor (DOL) ,
Dodd-Frank ,
Due Process ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Equal Protection ,
Executive Compensation ,
Fourteenth Amendment ,
General Motors ,
Incentive Compensation ,
Individual Mandate ,
IRS ,
King v Burwell ,
Loss Causation ,
Medicaid Expansion ,
Mental Health Parity Rule ,
Obergefell v. Hodges ,
Public Health Service Act ,
Putative Class Actions ,
Same-Sex Marriage ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
State Health Insurance Exchanges ,
UAW ,
Venue
Editor's Overview -
This month we focus on the EEOC's proposed rules concerning wellness programs. As our colleague, Amy Covert, discusses, a recent change of position by the EEOC provides employers with opportunities...more
5/22/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Best Management Practices ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
EPCRS ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Voluntary Participation ,
Wellness Programs
The employee benefits issues to be considered by the U.S. Supreme Court continue to be of great significance to plan sponsors and fiduciaries. This month we review the Court's employee benefit decisions from 2013 and also...more
2/24/2014
/ 401k ,
Affordable Care Act ,
Appeals ,
Class Certification ,
Comcast v. Behrend ,
Contraceptive Coverage Mandate ,
Department of Labor (DOL) ,
DOMA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
FICA Taxes ,
FIfth Third Bancorp v Dudenhoeffer ,
First Amendment ,
Health and Welfare Plans ,
Heimeshoff v. Hartford Life & Accident Insurance Co. ,
Hobby Lobby ,
Human Resources Professionals ,
Involuntary Reduction in Force ,
IRS ,
McCutchen v. U.S. Airways ,
MHPAEA ,
Provider Payments ,
Quality Stores ,
Same-Sex Marriage ,
SCOTUS ,
State of Celebration ,
Statute of Limitations ,
Transition Relief ,
US v Windsor