Employee Benefits, ERISA | JD Supra Law News

Government Plans are Exempt from ERISA… But What is the Definition of “Government”?

by D. Michael Reilly | Lane Powell PC - ERISA Law on 5/16/2013

You already know that an employee benefit plan qualified as a “government plan” is exempt from ERISA’s framework....more

Converted Individual Disability Policies Governed by ERISA?

by D. Michael Reilly | Lane Powell PC - ERISA Law on 5/15/2013

You already know that an individual disability policy may nevertheless be governed by ERISA, even when the employee pays her own premium. This can occur when the employees benefit from a rate structure or premium discount...more

Employers Should Review How Plan Documents Define Spouse in Light of Recent Benefits Litigation

by Lisa Loesel, Jacob Mattinson, Todd Solomon, Brian Tiemann | McDermott Will & Emery on 4/30/2013

Two recent cases challenging benefit eligibility for same-sex spouses highlight the need for employer-sponsored retirement and welfare plans to clearly define "spouse" for eligibility purposes. Employers may want to review...more

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

by Kimberly Ruppel | Dickinson Wright on 4/23/2013

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

“Full and Fair Review” — Okay to Disclose Medical Opinions on Appeal After Appeal Denial

by D. Michael Reilly | Lane Powell PC - ERISA Law on 4/11/2013

What does “full and fair” review during an ERISA appeal mean? Before the appeal decision is made, does the administrator have to disclose to the claimant medical opinions obtained during an appeal? Not if that opinion...more

Same-Sex Marriage Cases: Are Your Benefit Plans Prepared?

by Christine Hawkins, Dipa N. Sudra | Davis Wright Tremaine LLP on 3/29/2013

News articles, social media, protests, and lunchroom conversation were all dedicated to the two cases before the U.S. Supreme Court this week. Hollingsworth v. Perry and Windsor v. United States could potentially transform...more

ERISA Does Not Preempt State Court Order Requiring Beneficiary to Renounce Right to Employee’s Plan Benefits, Fourth Circuit Rules

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 3/20/2013

The scenario is not difficult to imagine: An employee designates her spouse as the primary beneficiary under her employer’s life insurance and retirement benefit plans. Years later, the couple divorces, and in the marital...more

The Fourth Circuit Opens the Door to Extrinsic Evidence in Considering a Claim for Employee Benefits

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 3/15/2013

Executive Summary: The Fourth Circuit expands the scope of admissible evidence in an ERISA employee benefits case. The very first principle applied in a lawsuit for benefits from an ERISA-governed employee benefit plan...more

ERISA can apply to Individual Policies: Offering a group discount constitutes a “contribution” sufficient to create an ERISA plan

by D. Michael Reilly | Lane Powell PC - ERISA Law on 3/5/2013

Can ERISA apply to the claims made on individual policies purchased with discounted premiums? YES. ...more

Eastern District Concludes That ERISA Preempts Negligent Misrepresentation Claim

by Hema Chatlani, Maayan Deker, Allison Ianni, Aaron Warshaw | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/1/2013

Korman v. Consolidated Edison Co., No. 12-CV-1561 (JFB-ARL) (E.D.N.Y. Jan 16, 2013): The plaintiff brought the Employee Retirement Income Security Act (ERISA) and common law claims against his benefits provider,...more

Supreme Court Review of Same-Sex Marriage Cases Could Require Significant Changes to Employee Benefits

by Nancy Campbell, Kevin J. Hogan | Snell & Wilmer L.L.P. on 2/20/2013

In our 2012 End of Year Plan Sponsor “To Do” Lists, we indicated that there was a strong possibility that the Supreme Court would grant certiorari this term in a series of cases challenging Section 3 of the Defense of...more

8th Circuit – Expressing Intent to Appeal in the Future Does Not Constitute an “Appeal.”

by Lane Powell PC - ERISA Law on 2/20/2013

How does an ERISA claimant start an administrative appeal? Can a mere request for medical records, and a reference to an “appeal in the future tense,” trigger the appeal? No....more

The ERISA Litigation Newsletter - February 2013

by Anthony Cacace, Stacey Cerrone, Page W. Griffin, Jacklina Len, Kara L. Lincoln, Brian S. Neulander | Proskauer Rose LLP on 2/19/2013

In This Issue: - Editor's Overview - View from Proskauer: Are Your Conversations Privileged under ERISA? - Rulings, Filings, and Settlements of Interest ...more

Monthly Benefits Update - January 2013

by Daniel R. Salemi | Franczek Radelet P.C. on 2/4/2013

In This Issue: - Health & Welfare Plans ..Health Care Reform: IRS Issues Proposed “Pay or Play” Regulations ..Health Care Reform: IRS Issues FAQs on Various ACA Issues ..HHS Issues Final HIPAA Regulations...more

EBSA Updates Delinquent Filer Voluntary Compliance Program

by Eric Penkert, Jason A. Rothman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/1/2013

On January 28, 2013, the Employee Benefits Security Administration (EBSA), an agency of the U.S. Department of Labor (DOL), announced updates to its Delinquent Filer Voluntary Compliance (DFVC) Program. ...more

The ERISA Litigation Newsletter - January 2013

by Anthony Cacace, Nicole Eichberger, Page W. Griffin, Jacklina Len, Kara L. Lincoln, James R. Napoli, Brian S. Neulander | Proskauer Rose LLP on 1/25/2013

In This Issue: - Editors' Overview - The Future Role of Experts in ERISA Class - View from Proskauer: Health Insurance Exchanges and Retiree Medical Exits--Five Ways To Make Sure It's Really a "Soft...more

2013 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

by King & Spalding on 1/9/2013

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To...more

Dodd-Frank Protocol Carries Burdens and Benefits for Pension Plans

by Dulcie D. Brand, Anthony H. Schouten, Jeffrey Stern | Pillsbury Winthrop Shaw Pittman LLP on 12/12/2012

The Commodity Futures Trading Commission has issued new “know your customer” and external business conduct rules to give effect to certain provisions of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection...more

Domestic Partner and Same-Sex Marriage Laws: Approval of Washington Marriage Equality Act and Impact on Employee Benefits

by Richard Birmingham, Dipa N. Sudra | Davis Wright Tremaine LLP on 11/13/2012

On Nov. 6, 2012, Washington voters approved same-sex marriage in Washington state. This advisory explains the impact of this new law on employee benefit plans and procedures, and revisits the treatment of employee benefits...more

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Employee Benefits › Employee Retirement Income Security Act