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8 Sep 2015, 5:59 am by Joy Waltemath
Moreover, no employer was required by law to participate in any particular fund or in any fund at all. [read post]
21 Aug 2015, 6:07 pm by Cynthia Marcotte Stamer
  When the involvement includes discretionary involvement in the plan administration, of course, the vendor or advisor could face liability for breach of fiduciary duty under ERISA as ERISA defines fiduciary functionally. [read post]
21 Aug 2015, 11:24 am by Cynthia Marcotte Stamer
Under its provisions, federal law now limits the amount of the maximum deductible, co-payments or other cost sharing that most employer or union sponsored group health plans can impose on essential health benefits to the out-of-pocket limitation allowed by ACA § 1302(c)(1). [read post]
18 Aug 2015, 1:13 pm by Adam Kielich
Some benefit plans are non-ERISA plans and different laws and plan provisions govern potential lawsuits for plan benefits. [read post]
26 Jun 2015, 1:08 pm by John Elwood
Self-Insurance of America, Inc. sued, claiming that the law is preempted by ERISA, which expressly supersedes all state laws related to employee benefit plans regulated under the federal scheme. [read post]
26 Jun 2015, 12:00 pm by John Ehrett
Liberty Mutual Insurance Company 14-181Issue: Whether the Second Circuit – in a two-to-one panel decision that disregarded the considered opinion advanced by the United States as amicus – erred in holding that the Employee Retirement Income Security Act of 1974 (ERISA) preempts Vermont's health care database law as applied to the third-party administrator for a self-funded ERISA plan. [read post]
16 Jun 2015, 11:24 am by John Ehrett
Liberty Mutual Insurance Company 14-181Issue: Whether the Second Circuit – in a two-to-one panel decision that disregarded the considered opinion advanced by the United States as amicus – erred in holding that the Employee Retirement Income Security Act of 1974 (ERISA) preempts Vermont's health care database law as applied to the third-party administrator for a self-funded ERISA plan. [read post]
4 May 2015, 10:03 am by Stephen D. Rosenberg
I thought of this when I saw Mike Reilly’s interesting post last week on the test for determining whether a plan is a governmental plan or not, because I have been leading off stories about governmental plan and other exemptions from ERISA for many years with the story of a client who, in 1975, was assigned this “new law” to oversee for his employer, with the “new law,” of course, being ERISA. [read post]
31 Mar 2015, 7:19 am by Joy Waltemath
All affected workers benefited from the WPL, regardless of union membership, and the law did not treat employers differently based on whether they employed unionized workers. [read post]
20 Mar 2015, 6:26 pm by Cynthia Marcotte Stamer
Board Certified in Labor & Employment Law, Past Chair of the ABA RPTE Employee Benefit & Other Compensation Arrangements Group, Co-Chair and Past Chair of the ABA RPTE Welfare Plan Committee, Vice Chair of the ABA TIPS Employee Benefit Plans Committee, an ABA Joint Committee On Employee Benefits Council representative, Past Chair of the ABA Health Law Section Managed Care & Insurance Section, a Fellow in the American College of Employee Benefit Counsel,… [read post]
18 Mar 2015, 7:40 am by Cynthia Marcotte Stamer
  This discussion will explore selected challenges for plan fiduciaries, administrators and sponsors and will include a discussion of the following issues: Who is the fiduciary with responsibility over these matters ERISA fiduciary duties to investigate and respond to breaches Fiduciary obligations in connection with selection of vendors Curtailing data leakage and breach exposure by addressing delegation rights of vendors Interaction with HIPAA, IRC,  and other laws… [read post]
17 Mar 2015, 2:49 pm by Cynthia Marcotte Stamer
Depending on the scope and nature of data affected and their involvement with the affected plans, employer or other plan sponsors, fiduciaries, administrators and service providers also may be subject additional responsibilities under applicable contracts and policies, the fiduciary responsibility requirements of the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and a host of other laws. [read post]
2 Feb 2015, 1:53 pm by Michael W. Groebe
Such plans are subject to different treatment under the Employee Retirement Income Security Act (ERISA) than a pension plan. [read post]
27 Jan 2015, 10:35 am by Frances Rogers
  They alleged the company had breached the prior collective bargaining and P&I agreements, both in violation of federal labor law and the Employee Retirement Security Income Act (“ERISA”). [read post]