The Children’s Place Inc. Ordered to Pay $37,778 for ERISA Violations
The Children’s Place Inc. (CPI) may be a fun spot for kids, but it’s apparently a lousy place to be an employee covered under the company health plan.
Tag: ERISA
Supreme Court Decision Could Impact ERISA Plan Litigation
By Jane Meacham, retirement plans editor The U.S. Supreme Court’s recent decision in Spokeo Inc. v. Robins, 13-1339, U.S. (May 16, 2016), which encourages Employee Retirement Income Security Act (ERISA) plaintiffs to allege a “concrete” injury, is viewed by many in the ERISA legal community as likely to reshape litigation against employer-sponsored retirement plans.
ERISA’s Impact on Data Breach Lawsuits
By Sandra R. Mihok, member, Eckert Seamans Attorneys at Law Health insurance companies have increasingly become the target of cyberattacks, a trend which has spurred a wave of class action lawsuits brought by individuals whose personal information has been breached.
ERISA’s ‘Extraordinary Preemptive Power’ Trumps Worker’s State Law Claim
By James M. Leva, JD, Day Pitney LLP A New Jersey federal court recently dismissed a disabled employee’s state-law contract claim, holding that the Employee Retirement Income Security Act (ERISA) preempted it.
Follow-up McCutchen ruling shrinks plan recovery
A federal district court in Pennsylvania denied a large part of US Airways’ attempted recovery from the estate of plan participant James McCutchen, citing inconsistencies between the company’s plan document and summary plan description. If a plan’s official plan document states that its language trumps that of the SPD, the plan should not assert rights […]
U.S. Supreme Court Rules against Vermont in Long-Awaited ERISA Case
By Jennifer Carsen, JD, Legal Editor On March 1, 2016, the U.S. Supreme Court ruled against the state of Vermont in an Employee Retirement Income Security Act (ERISA) case that could have broad implications for states’ ability to regulate healthcare practices and reforms within their borders.
Supreme Court’s ERISA ruling a victory for self-insured employers
The U.S. Supreme Court’s March 1 ruling in a Vermont case relieves self-insured employers from the obligation to report claims data to state governments that have established databases reflecting healthcare use and costs for citizens. The reach of the ruling extends beyond Vermont to all self-insured plans. “It absolutely has national implications,” Linda J. Cohen, […]
DOL Looking to Facilitate Employees’ Retirement Savings
The U.S. Department of Labor (DOL) has published a notice of proposed rulemaking and an interpretive bulletin meant to guide states as they create Employee Retirement Income Security Act (ERISA)-compliant programs that help more workers save for retirement.
U.S. Supreme Court Rules against ERISA Plan Seeking $120K Reimbursement
By Jennifer Carsen, JD, Legal Editor In a new decision termed “bizarre” by dissenting Justice Ruth Bader Ginsburg, the U.S. Supreme Court has denied an ERISA plan’s bid for reimbursement on a seemingly archaic definition of what constitutes “equitable” relief.
Fiduciary Duties Are Myriad, So Safeguards Matter
Monitoring the performance of service providers, making required disclosures to participants and beneficiaries, keeping good records and filing reports with the government are just a few of the important functions a fiduciary must ensure are properly executed, an enforcement official at the U.S. Department of Labor’s Employee Benefits Security Administration unit told a group of […]