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Even a terminated employee may, in certain situations, have the right to file a workers’ compensation claim. Though rare, this kind of claim can arise when there is a delay in the manifestation of an injury or illness, and in other situations as well.
Here’s one positive pattern in COBRA coverage lawsuits: Even if a plan administrator violated the COBRA law, if it acts reasonably under the circumstances, courts are inclined to mitigate the amount of any penalties. But even though the law is more than 25 years old, case law shows there’s still a learning curve about its […]
Heads of federal agencies would have the authority to reimburse employees for the taxes imposed on reimbursements of travel or transportation expenses their domestic partners incur when accompanying them on a business trip, under a bill introduced in the U.S. House on Nov. 18 — the Domestic Partnership Benefits and Obligations Act (H.R. 3485). The […]
The departments implementing health reform can turn around a project when they are under the gun. Responding to concerns that the new “summary of benefits and coverage” (SBC) mandated by the health reform law is redundant, HHS, DOL and Treasury/IRS quickly turned around a final rule that eases some SBC requirements. The final rule and […]
As a follow-up to its “Section 401(k) Compliance Check Questionnaire Interim Report,” the IRS will host a phone forum March 6. The phone forum will be hosted by Monika Templeman, Director of Employee Plans Examinations at the IRS, along with IRS employees Janice Gore and Rhonda Migdail. Submit any questions you have about the Interim […]
After increasing hammering from conservatives, the White House looks like it is ready to compromise on health reform’s contraception mandate. The administration had included contraceptives and sterilization in its list of preventive services all (except the few grandfathered) plans must cover starting plan years in August 2012. It had offered a year-long delay to religious […]
In this post, we reported on new IRS proposed rules on purchasing qualified lifetime annuity contracts (QLACs) under certain retirement plans. Recently in his blog, an industry expert provided more details on the guidance’s significance. In his blog the Business of Benefits, Attorney Robert Toth Jr., explains how: With just a relatively short regulation and […]
By Mark I. Schickman The legal status of gay marriage in California has been a rollercoaster ride. First, the California Supreme Court held that a ban on gay marriage was unconstitutional. Then California passed Proposition 8, writing a ban on gay marriage into the California Constitution — and the California Supreme Court bowed to that […]
Employers and plan administrators in California should continue to watch the pendulum regarding same-sex marriage in the Golden State, which has swung again. A three-judge panel of the U.S. 9th Circuit Court of Appeals ruled 2-1 on Feb. 8 in Perry v. Brown, Nos. 10-16696, 11-16577, that Proposition 8, the ballot initiative that amended the […]
Self-funded companies can do a lot to improve employee health through wellness programs and creating “micro health delivery systems” (my term) with goals tailored to the firm’s employee population. The catch may be that only employers that are very large, very innovative and want to get very involved in health care may be able do […]