Practical HR Tips, News & Advice. Updated Daily.
Rather than merely finding that an individual was entitled to benefits due, a federal appeals court ordered an insurer to pay a large monetary award under ERISA based on the equitable theories of unjust enrichment and disgorgement of ill-gotten profits. The 6th U.S. Circuit Court of Appeals held that the insurer used money it should […]
A brief from the U.S. Solicitor General recommending that the U.S. Supreme Court hear a “stock-drop” class-action case could make it the most important ERISA litigation of the High Court’s current term. Employee benefits attorneys watching the case’s progress say a High Court decision could deter employers from offering employer stock as a 401(k) plan […]
Employers whose employees use their own vehicles business can now adjust their reimbursement forms and procedures for 2014, since the IRS released the standard mileage rates for the year in Notice 2013-80 on Dec. 6. The IRS also adjusted the reimbursement rate for miles driven for medical purposes or a relocation, also by half a […]
A third-party claims administrator may not be sued for violating the Mental Health Parity and Addiction Equity Act because the law by its terms applies only to group health plans and their insurers, a federal district court ruled. Related ERISA claims against the TPA were also dismissed because the company was not the “plan administrator” […]
Many hoped that the U.S. Supreme Court’s ruling in U.S. v. Windsor would clear up the confusion regarding what employers and plan administrators can and should do if they have employees with same-gender spouses. Alas, that was not to be. As 2014 approaches, employers face as many complications as ever. Rather than simplifying matters, the […]
Earlier this week, President Obama said the Affordable Care Act will not be repealed as long as he is in office, in spite of its turbulent implementation process. No mention was made of the great sacrifices and adjustments employers are being asked to make. For example, large employers will have to toil for thousands of […]
Employees may think that they can’t afford a big policy, but it’s often a good idea to join the plan at the lowest level and cost, even if the policy is not large, says consultant Mike Miles. That gets your foot in the door and often ensures that you can “buy up” in the future […]
BY Justin Alex, Proskauer Rose Law Firm Defined benefit plan sponsors can solve plan overpayments in several ways, including using IRS self-correction programs. But it’s important to remember that plans are not required to keep paying benefits to those not eligible for them to begin with, Proskauer Rose law firm associate attorney Justin Alex reminds us […]
Miles is vice president and senior employee benefits consultant at Gregory and Appel Insurance. During his presentation at a recent boot camp sponsored by BLR®, he was joined by colleague Janet McClure, vice president and worksite marketing team leader. What Are Voluntary Benefits? “Voluntary benefits” are generally insurance products sold to employees at work through […]
When you find out about a possible FMLA qualifying leave after it has started, how far back can you go to retroactively designate the leave? Athey, an attorney with The Robert E. Miller Group in Kansas City, Missouri, was joined by a colleague, consultant Kristi McKinzey, in a recent webinar sponsored by BLR/HRHero. Athey offers […]