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In Helfman v. GE Group Life Assurance Company, No. 08-2168 (6th Cir. 2009), the Court faced the question of whether a program, which consisted of two insurance policies that paid long-term disability benefits ... . The Court responded to this argument by stating that the purpose of ERISA preemption is to avoid conflicting federal and state regulation and to create a nationally uniform administration of employee benefit plans. Thus, a program providing employee benefits cannot be subject to ERISA as ...

... employee is terminated for "gross misconduct", the benefits cease. What does that mean? Well, the Act doesn't define it. But the Employee Benefit blog shares some insight from one case about what it means. Three things are very important about this decision. First, the court ... be available otherwise. And as always, seek some legal guidance on this. Denying COBRA nowadays is rare; if an employer does try to use that provision, it can be assured that a fight about coverage may not be too far behind.

... in a self-funded medical benefits plan, known as the State Line & Silver Smith Casino Resorts Employee Benefits Plan ("the Plan"). The Plan was sponsored and funded by State Line Hotel, Inc. and its related entities ("State ... plaintiff sued Michael Devine, in his capacity as the Plan's fiduciary, for violations of ERISA alleging that Devine had failed to assure that the Plan was sufficiently funded to pay all submitted medical claims. Devine was the Plan's trustee and plan administrator, and ...

... looked at a variety of factors . Most important to the Court was the fact that the physician was subjected to the Hospital's quality assurance department, which included a peer review process. The Second Circuit said that this factor could tip in the employee's ... is part of the regular business of the hiring party; [11] whether the hiring party is in business; [12] the provision of employee benefits; [13] and the tax treatment of the hired party. One thing is clear -- hospitals should not rely on ...

... for leaving the job. Today, the North Carolina Supreme Court answered the question whether an employee who quits in the face of a downsizing, accepting a "voluntary" retirement package, can show the good cause ... if he would continue to have a job, he didn't receive any assurances. Although the opinion doesn't say it, Roberts must have been very concerned ... benefits turned on N.C. Gen. Stat. § 96-14(1), which disqualifies an employee from benefits if he is "unemployed because he left work without good ...

... previously held or an equivalent position. The employer offered two positions. The Senior Director of Academic Qualify and Assurance at Western International University (WIU) and the Senior Director for Academic Qualify and Assurance at the Institute for ... FMLA leave. Under the DOL regulations: An equivalent position is one that is virtually identical to the employee's former position in terms of pay, benefits and working conditions, including privileges, perquisites and stats, It must involve ...

... .J.S.A. 52:14-17.25 to -17.45. The goal of the Act is to provide comprehensive health benefits for eligible public employees and their families at "tolerable" cost. In essence, it establishes a plan for state funding and private ... Legislature's undertaking to furnish insurance and determine its scope, one of the goals of the Legislature must have been to assure the fair and even-handed application of the Program provisions. Inevitably, the issue of premium sharing and its potential ramifications ...

... civil relationships," and that the legislative authority of the city did not extend to providing domestic partnership benefits for its employees. After the marriage amendment was passed, the plaintiffs added the argument that providing any legal recognition or ... without regard to marital status." Since Alliance Defense Fund is paying for the case, an appeal seems assured. When the suit was filed, the city invited Lambda Legal to intervene to represent the interests of individuals who are receiving ...

... , the U.S. First Circuit Court of Appeals remanded a case to the District Court, where an employee challenged the denial of her request for long-term disability benefits. The Plaintiff alleged that the employer's insurer, who denied her benefits, both reviewed and ... was covered under a short-term and a long-term disability insurance plan supplied by Defendant, Liberty Life Assurance Company (Liberty), who also administered both plans. The employer self-funded the short-term plan. However, Liberty ...

... ), No. 07-0410 (Tex. Jul 3, 2009)(Brister) (administrative law, agency exclusive jurisdiction doctrine) EMPLOYEES RETIREMENT SYSTEM OF TEXAS v. XAVIER DUENEZ AND IRENE DUENEZ; from Calhoun County; 13th district (13-05- ... not conflict with this Court's opinion in Duenez I affirming ERS's exclusive jurisdiction of questions relating to payment of benefits. Accordingly, without argument, we dismiss the petition for want of jurisdiction. A MAJORITY OF THE SUPREMES DENIES MANDAMUS RELIEF IN DISPUTE OVER ...