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16 Mar 2012, 6:56 am by Stanley D. Baum
In analyzing the case, the First Circuit Court of Appeals (the "Court") said that, with respect to a plan administrator's decision, where an ERISA plan gives the administrator discretion to determine benefit eligibility or to construe the terms of the plan, and the plan administrator makes a benefit determination under the plan, a court will reverse the administrator's decision only… [read post]
14 Dec 2017, 4:16 pm by Cynthia Marcotte Stamer
Moreover, failing to comply with summary plan disclosure or claims or appeal adverse benefit determination notification requirements also may subject the plan administrator to administrative penalties under ERISA section 514(c). [read post]
29 Aug 2008, 6:24 pm
Hat tip to Ron Willour, Enrolled Actuary, owner of Indianapolis-based Omega Retirement Plans, Inc. [read post]
21 Apr 2024, 5:00 pm by Christopher S. Lockman
The best means to accomplish the above tasks on an ongoing basis is a health and welfare benefit plan fiduciary committee made up of the appropriate decision makers at the plan sponsor that will serve as the designated “plan administrator” for the health and welfare benefit plans. [read post]
26 Dec 2013, 3:15 pm by Cynthia Marcotte Stamer
  The Coalition for Responsible Health Care Policy is a group hosted by Solutions Law Press, Inc. [read post]
24 Oct 2011, 7:00 am
In A Comparison of Self-Funded and Insured Health and Welfare Plans, health benefits expert witness Mark Johnson, J.D., Ph.D., ERISA Benefits Consulting, Inc., writes: Employers usually hire an administrator to process the claims. [read post]
24 Sep 2013, 5:16 pm by Cynthia Marcotte Stamer
  Employers, employee benefit plans, their sponsors, fiduciaries and administrators should not assume that existing definitions will have the intended effect or be compliant. [read post]
17 Apr 2012, 10:05 pm by Cynthia Marcotte Stamer
., Inc. will pay more than $600,000 to settle charges it violated the Employee Retirement Income Security Act (ERISA) reminds employee benefit plan fiduciaries and brokerage or other providers of investment advice or services to employee benefit plans. [read post]
11 Jul 2015, 6:33 am by Mark S. Humphreys
Airways, Inc.'s Health Benefit Plan and the Plan's Summary Plan Description" in the 10 years preceding 2007, pertaining to "the Plan's rights of subrogation and reimbursement. [read post]
12 Feb 2021, 1:33 pm by Cynthia Marcotte Stamer
As these provisions will require quick action by employers and plans, employers, employee benefit plans, their fiduciaries and plan vendors should begin preparing now to comply with the anticipated new requirements Registration & Program Details Solutions Law Press, Inc. will host the 30-minute Zoom briefing beginning at 9:00 a.m. [read post]
27 Sep 2011, 5:00 am by Gregory Dell
Acting through a Florida disability attorney, the plaintiff alleged that Sedgwick Claims Management Services Inc (Sedgwick) and the Plan Administrator for the AT&T Umbrella Benefit Plan had violated the provisions of ERISA in the denial of her claim for long term disability benefits. [read post]
23 May 2012, 3:07 pm by Cynthia Marcotte Stamer
Following an investigation by the Employee Benefits Security Administration (EBSA), the Department of Labor sued Western Mixers Inc. and two officers who served as trustees of the plan for failing to make approximately $952,511 in mandatory employer contributions for the benefit of participants and beneficiaries and improperly using plan monies in the company’s business operations. [read post]
2 Nov 2011, 11:10 am
In A Comparison of Self-Funded and Insured Health and Welfare Plans, health benefits expert witness Mark Johnson, J.D., Ph.D., ERISA Benefits Consulting, Inc., writes: By working around the state insurance reserve, contribution, and other requirements applicable to insurance companies, MEWAs typically market their coverage at a lower rate than those of regulated companies. [read post]
19 Oct 2011, 7:00 am
In A Comparison of Self-Funded and Insured Health and Welfare Plans, health benefits expert witnessMark Johnson, J.D., Ph.D., ERISA Benefits Consulting, Inc., writes: Under state law, insurance companies are regulated and are subject to rules governing benefits, network adequacy, prompt payment of claims, etc. [read post]
3 Aug 2015, 12:07 pm by Cynthia Marcotte Stamer
Special care and scrutiny should be applied if the group health plan uses multiple service providers to help administer benefits (such as one third-party administrator for major medical coverage, a separate pharmacy benefit manager, and a separate managed behavioral health organization). [read post]
22 Jul 2011, 1:50 pm by Stanley D. Baum
Continental Airlines Inc., No. 10-20015 (5th Cir. 2011), the issue was whether ERISA allows a retirement plan administrator to seek restitution of benefits that were paid to a plan participant's ex-spouse, pursuant to a qualified domestic relations order (a "QDRO"), if the administrator subsequently determines that the QDRO is based on a "sham" divorce and is therefore not valid . [read post]
17 Oct 2017, 9:15 am by Richard S. Zackin
Caterpillar, Inc., the United States Court of Appeals for the Seventh Circuit upheld a forum selection clause requiring a participant in a benefits plan governed by the Employee Retirement Income Security Act (“ERISA”) to bring suit in the Central District of Illinois. [read post]