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Today, the IRS released Revenue Procedure 2009-29 containing the inflation adjusted amounts for Heath Savings Accounts (HSAs) as determined under Code section 223 for 2010. For calendar year 2010, the annual limitation on deductions under Code section 223(b)(2)(A) is $3,050 for an individual with self-only coverage under a high deductible health plan. For an individual with family coverage under a high deductible health plan, the annual limitation on deductions under Code section 23(b)(2)(B)... Posted on May 14, 2009 at 08:43 pm by Suzanne Wynn

The Dept. of Labor and the Securities and Exchange Commission have announced a joint one-day hearing on target date or lifecycle funds and other investment options. The hearing is scheduled for June 18, 2009. It will be held at the Dept. of Labor, 200 Constitution Ave NW, Washington, D.C. The press release from the DOL and SEC which announced the hearing states that witnesses will include representatives of plan participants and beneficiaries, plan sponsors, investor organizations, academia and... Posted on May 13, 2009 at 08:35 pm by Suzanne Wynn

/**/ If a condition is grave enough to warrant disability in 1994, why isn't it sufficient to warrant disability in 2006? The 7th Circuit Court of Appeals addressed this question in Jenkins v. Price Waterhouse Long Term Disability Plan, No. 06 C 603 (May 4, 2009). In 1994, Charles Jenkins started receiving long-term disability benefits under Price Waterhouse's plan. In 1988, he had tested positive for HIV. In 1989, when he was 27 years old, he started working for Price Waterhouse. By the end of... Posted on May 6, 2009 at 08:26 pm by Suzanne Wynn

A new study published last week in Science magazine announced that a retrovirus called XMRV may cause Chronic Fatigue Syndrome (CFS). The virus' actual name is xenotropic murine leukemia virus-related virus,and it was found in nearly 98 percent of about 300 patients with the syndrome. See, NY Times, Virus Is Found in Many With Chronic Fatigue Syndrome by Denise Grady. This discovery provides hope for researchers because if the retrovirus - part of the same family as the HIV virus that causes... Posted on October 21, 2009 at 03:41 pm by Kantor & Kantor LLP

"Tort Reform, Tort Reform, Tort Reform," the phrase has almost become a song. Nobody likes to see undeserving people win huge, unjustified damage awards, but the fact is, it doesn't really happen in California, except on maybe on TV. Los Angeles Times business columnist Michael Hiltzik couldn't be more correct when he writes that one of the biggest fans of so-called tort reform is the insurance industry, "because the less money they pay out to plaintiffs, the more they get to keep." See "Why... Posted on October 4, 2009 at 09:54 am by Kantor & Kantor LLP

According to Medical News Today, fibromyalgia is no longer an "invisible" syndrome. Citing a study reporter in the Journal of Nuclear Medicine, the article reports that researchers in France were able to detect functional abnormalities in the brain after performing brain scans on 20 women diagnosed with fibromyalgia. Those scans were then compared with scans from 10 healthy women. See "Fibromyalgia Can No Longer Be Called an Invisible Syndrome." The diagnosed brain abnormalities directly... Posted on October 3, 2009 at 09:48 am by Kantor & Kantor LLP

Sherry DeLisle continued working after her car crashes in 1998 and 2000. She suffered spinal and closed head injuries. Her employer, Krandall & Sons, fired her on April 17, 2002, stating that "she was not doing her job." Eight months later, DeLisle filed for long-term disability benefits with Sun Life, the insurer of Krandall's disability plan. She submitted medical records and statements of five treating physicians. She listed April 17, 2002, as her date of disability. The Social Security... Posted on April 6, 2009 at 12:22 am

The plaintiff, Simcha-Yitzchak Lerner, participated in the long-term disability plan of his employer, SDRC. After EDS acquired SDRC, Lerner continued to participate in the EDS disability plan. Continental Casualty Co. insured the EDS plan. Lerner contended that EDS officials told him that its plan and the SDRC plan provided the same benefits. After having stroke-like episodes and chronic headaches, Lerner applied for disability benefits under the EDS plan. After failing to receive them, he... Posted on April 6, 2009 at 12:06 am

Mitchell Sgro applied for disability benefits from MetLife, which decided benefit claims for his employer's ERISA plan. Sgro asserted that MetLife refused to evaluate&#xc2&#xad his claim because he did not send copies of medical records. Sgro eventually paid $412 for the copies. MetLife denied his claim after receiving them. Sgro sued his employer and MetLife in a California federal court, asserting a variety of state-law and federal causes of action. He sought unpaid disability benefits, reimbursement... Posted on July 10, 2008 at 06:46 pm

All benefits lawyers who do plan drafting or review plan documents will want to carefully read and digest this opinion written by Seventh Circuit Judge Richard Posner: "Call, et al. v. American Management Pension Plan." It seems to me that... Posted on January 14, 2007 at 01:12 pm by B. Janell Grenier

Benefitslink.com has this link here to a recent case in the Southern District of New York, in which Judge Harold Baer denied a motion to dismiss on an age discrimination claim involving a cash balance plan. Judge Baer disagreed with... Posted on October 31, 2006 at 06:56 pm by B. Janell Grenier

The Corporate Counsel.net. Blog has the latest here on yesterday's decision issued by New York State Justice Ramos in Spitzer v. Grasso. (Access the opinion here.) This opinion is a must-read for every benefits lawyer who drafts or advises clients... Posted on October 20, 2006 at 10:49 am by B. Janell Grenier

The scope of ERISA's fiduciary duties was recently analyzed by the Eleventh Circuit in Cotton v. Massachusetts Mutual. The plaintiffs in Cotton accused the carrier of misrepresentation, fraud and promissory estoppel and sought equitable relief requiring that certain life insurance policies perform as described in a whole life policy presentation. The District Court in this case, while rejecting a benefits claim as well as promissory estoppel and individualized fiduciary breach relief, held that... Posted on April 11, 2005 at 09:36 am by Marcus Castillo

Long time no blog - got a bit behind with a 2-week flu bug and the game of catch up that followed. As I previously suggested the "standard of review" can drive the ultimate outcome in an ERISA benefits case. Many close cases involve the so-called "heightened arbitrary and capricious" standard of review. This is where the plan decision maker, although protected by discretion-granting language in the plan document, operated under a conflict of interest. The 11th Circuit has taken the position... Posted on March 4, 2005 at 04:00 pm by Marcus Castillo

If you're interested in a general ERISA overview seminar consider attending the Labor and Employment Law Section's Certification Review Course in Orlando. I'll be giving a presentation entitled "ERISA / COBRA". You can find the brochure here. Posted on February 3, 2005 at 06:06 pm by Marcus Castillo

Right on the heels of delaying the effective date of its investment advice rules (see my blog of November 18), the Department of Labor (the "DOL") announced, in a press release, that it has withdrawn these rules. These rules would have implemented a statutory prohibited transaction exemption under ERISA and the Internal Revenue Code, and also would have provided an additional administrative class exemption, pertaining to the provision of investment advice to certain defined contribution plan... Posted on November 20, 2009 at 05:10 am by Stanley D. Baum

Back on January 21, 2009, the Department of Labor ("DOL") published final rules on the provisions of ERISA and the Internal Revenue Code (the "Code") which permit investment advice to be given to participants and beneficiaries in participant-directed individual account plans, such as 401(k) plans, and to beneficiaries of IRAs and similar arrangements. The rules implement a statutory prohibited transaction exemption under Sections 408(b)(14) and 408(g) of ERISA, and under Section 4975 of the... Posted on November 18, 2009 at 05:07 am by Stanley D. Baum

According to a News Release dated 11/09/09, the Occupational Safety and Health Administration of the U.S. Department of Labor ("OSHA") has issued commonsense fact sheets that employers and workers can use to promote safety during the current H1N1 influenza outbreak. The fact sheets inform employers and workers about ways to reduce the risk of exposure to the 2009 H1N1 virus at work. Separate fact sheets for health care workers, who carry out tasks and activities that require close contact with... Posted on November 13, 2009 at 06:53 am by Stanley D. Baum

Steven Alfano won his ERISA claim for long-term disability benefits against CIGNA. The district court had previously ruled that there was "no sound basis in the record to support CIGNA's finding that plaintiff's back condition &#xe2€&#xa6 had in fact improved." Alfano sought attorney's fees from CIGNA under 29 U.S.C. &#xc2&#xa7 1132(g)(1). In its analysis, the court considered the following factors under Second Circuit jurisprudence: (1) defendant's culpability or bad faith, (2) defendant's ability to... Posted on April 8, 2009 at 03:24 pm

Sherry DeLisle continued working after her car crashes in 1998 and 2000. She suffered spinal and closed head injuries. Her employer, Krandall & Sons, fired her on April 17, 2002, stating that "she was not doing her job." Eight months later, DeLisle filed for long-term disability benefits with Sun Life, the insurer of Krandall's disability plan. She submitted medical records and statements of five treating physicians. She listed April 17, 2002, as her date of disability. The Social Security... Posted on April 6, 2009 at 12:22 am

The plaintiff, Simcha-Yitzchak Lerner, participated in the long-term disability plan of his employer, SDRC. After EDS acquired SDRC, Lerner continued to participate in the EDS disability plan. Continental Casualty Co. insured the EDS plan. Lerner contended that EDS officials told him that its plan and the SDRC plan provided the same benefits. After having stroke-like episodes and chronic headaches, Lerner applied for disability benefits under the EDS plan. After failing to receive them, he... Posted on April 6, 2009 at 12:06 am