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Employee Benefits Summary Plan Description

Foster Swift Collins & Smith

Is it Time to Update and Restate Your Summary Plan Description?

A Summary Plan Description, often referred to as an “SPD”, is a document intended to clearly describe and explain the important provisions of an employee benefit plan. The SPD must be written in such a way that the average...more

Holland & Hart - The Benefits Dial

Never Make Your SPD Move Too Soon… or Should You?

by Lyn Domenick As the late, great B.B. King would sing, never make your move too soon. That’s often a smart approach in life. But when it comes to employee benefits communications, that might not be the right advice...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - October 2023

In the October Monthly Minute, we highlight a 6th Circuit decision that puts a spotlight on the adequacy of claim procedures and related judicial standards of review, and review the Supreme Court’s unwillingness to enter the...more

Verrill

How to Shoot Yourself in the Foot with Your SPD

Verrill on

Benefit plan sponsors sometimes send out Summary Plan Descriptions (SPDs) having given too little thought to the legal consequences. Two recent cases illustrate how an organization can end up in serious and costly litigation...more

Faegre Drinker Biddle & Reath LLP

Benefit Plan Descriptions May Create Unilateral Contracts in Pennsylvania

Benefit plan descriptions may expose Pennsylvania employers to additional contractual obligations and liabilities. According to a three-judge Pennsylvania Superior Court panel, providing benefit plan descriptions to employees...more

Morgan Lewis - ML Benefits

Qualified Retirement Plan Sponsors: Don't Forget About Summary Plan Descriptions

While considering year-end tasks and planning for the upcoming year, qualified plan sponsors should think about whether they need to revise and/or reissue their summary plan descriptions (SPDs) in 2022....more

Locke Lord LLP

New ERISA Case Results in Another Assignment for Today – Ensure your Group Health Plan’s Claims Administrator is Raising...

Locke Lord LLP on

Anti-assignment clauses in ERISA health plans are useful to plan sponsors in fending off lawsuits by out-of-network providers. Federal courts have consistently upheld anti-assignment provisions contained in the plan document...more

Bass, Berry & Sims PLC

2020 ERISA Welfare Plan Checklist

Bass, Berry & Sims PLC on

We recognize that many of our readers sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist with that process, we have...more

Kelley Drye & Warren LLP

COVID-19 Relief Triggers ERISA Participant Notice Requirements

In response to the COVID-19 outbreak, Congress, the Department of Labor (“DOL”) and the Internal Revenue Service (“IRS”) have each offered temporary relief from certain legal requirements applicable to employee benefit plans....more

Kilpatrick

DOL Finalizes Rule Updating Electronic Disclosure Safe Harbor for Retirement Plans

Kilpatrick on

The Department of Labor (DOL) has issued final regulations providing a new “notice and access” safe harbor (the “NOA Safe Harbor”) for retirement plans to furnish required disclosures by email or other electronic means to...more

Rivkin Radler LLP

Employee Benefit Plan Review – From the Courts

Rivkin Radler LLP on

Second Circuit Affirms Decision Rejecting ERISA Claims for Retiree Health Benefits The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing claims under the Employee Retirement...more

Holland & Hart - The Benefits Dial

We Interrupt this Program – What in the SECURE Act Do Retirement Plan Sponsors Need to Pay Attention to in 2020?

After being on the verge of enactment last spring but failing to pass, the SECURE Act is now law. The Setting Every Community Up for Retirement Enhancement Act of 2019 – the SECURE Act – was enacted on December 20, 2019 as...more

Holland & Hart - The Benefits Dial

I Want to Know, Have You Ever Seen…your plan documents?

Owners and employees of smaller organizations often find themselves stretched in many directions. With all of the demands on one’s time associated with operating a business, it is not uncommon to see attention to the...more

Epstein Becker & Green

What Employers Should Know About Distributions Under the SECURE Act

The Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE Act”), the sweeping tax legislation that was signed into law on December 20, 2019, includes provisions that amend various sections of the Internal...more

Proskauer - Employee Benefits & Executive...

Best Practices in Administering Benefit Claims #10 – The Three C’s

We conclude our blog series on best practices in administering benefit claims with the three C’s: be clear, be consistent, and communicate. The key to effective benefit claim administration ultimately boils down to drafting...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Keep it simple stupid

As they once said in This is Spinal Tap, there is a fine line between stupid and clever. I can assure you that Michael McKeon who played David St. Hubbins in the movie and co-wrote it, was not in plan administration. Based on...more

Proskauer - Employee Benefits & Executive...

Best Practices in Administering Benefit Claims #9 – Managing Litigation Utilizing a Plan’s Litigation Tools

As we shifted focus last week from a plan’s administrative claims procedures to defending against a claim for benefits in court, we explained how a well-documented administrative record can enhance the chances of getting a...more

Snell & Wilmer

IRS Issues Final Regulations for Hardship Distributions

Snell & Wilmer on

We previously reported on the Bipartisan Budget Act (the “Budget Act”) hardship distribution rule changes for qualified retirement plans. On September 23, 2019, the IRS issued final regulations implementing certain statutory...more

Snell & Wilmer

2019 End of Year Plan Sponsor “To Do” List (Part 3) Qualified Retirement Plans

Snell & Wilmer on

As 2019 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered health and welfare...more

Proskauer - Employee Benefits & Executive...

Best Practices in Administering Benefit Claims #5 – Establishing (and Following) a Good Claims Process

This week we discuss the importance of establishing good claims procedures and the benefits of following those procedures. A plan’s claims procedures should be spelled out clearly in both the plan document and the summary...more

McDermott Will & Emery

IRS Announces 2020 Employee Benefit Plan Limits

McDermott Will & Emery on

The IRS recently announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2020. Nearly all of the dollar limits currently in effect for 2019 will...more

McDermott Will & Emery

Class Certification Denied in ERISA Health Coverage Lawsuit

McDermott Will & Emery on

A federal district court denied class certification to health plan participants who claimed the plan promised them lifetime benefits. The court found too many individualized questions about what the plan told each...more

Snell & Wilmer

California Cares . . . About Employees Losing Flexible Spending Account (“FSA”) Funds

Snell & Wilmer on

California recently approved Assembly Bill 1554, adding a flexible spending account notice requirement to § 2810.7 of the California Labor Code. The new law, which takes effect January 1, 2020, states...more

Proskauer - Employee Benefits & Executive...

Best Practices in Administering Benefit Claims #4 – Know (and Understand) the Law: Full and Fair Review

This week in our blog series on best practices in administering benefit claims, we discuss the importance of knowing and, importantly, understanding the laws governing benefit claim administration. Section 503 of ERISA...more

Proskauer - Employee Benefits & Executive...

Best Practices in Administering Benefit Claims #3 – Dealing with Benefit Assignments

Our blog series on best practices in administering benefit claims has thus far stressed the importance of knowing and reading the plan document and summary plan description.  This week, we take a look at a plan term that has...more

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