Analysis of Oral Arguments in the Two Same-Sex Marriage Cases Before the Supreme Court
Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
What Employers Need to Know about Health Care Reform
You already know that an employee benefit plan qualified as a “government plan” is exempt from ERISA’s framework....more
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
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
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).
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
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
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
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
Can ERISA apply to the claims made on individual policies purchased with discounted premiums? YES. ...more
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
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
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
In This Issue:
- Editor's Overview
- View from Proskauer: Are Your Conversations Privileged under ERISA?
- Rulings, Filings, and Settlements of Interest
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
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.
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
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
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
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
On Feb. 13, 2012, Gov. Christine Gregoire signed SB 6239 legalizing same-sex marriage in Washington state. SB 6239 is often referred to as the Marriage Equality Act, and builds on the foundations set by the “everything but...more
The table below sets forth key filing and notice deadlines common to calendar year retirement and health and welfare plans through July. Please note that the deadlines will be different if your plan year is not the calendar...more
Pursuant to the DOL’s disclosure regulations issued under ERISA section 408(b)(2), employers sponsoring ERISA benefit plans should be receiving fee disclosures from the plans’ covered service providers regarding the service...more
Coming up this summer are a number of reporting and disclosure deadlines under the Employee Retirement Income Security Act of 1974 (ERISA) that deal with fees and expenses paid by plans that are subject to ERISA. Service...more
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