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Fiduciary status under ERISA “is not an all-or-nothing concept,” according to a recent federal district court ruling that found BP and its North American unit were not liable for their retirement plan employees’ breaches of fiduciary duty. The lawsuit arose from a BP company stock plan available as investment to plan participants that plunged in […]
Thanks to cost pressures exacerbated by the Affordable Care Act, narrow-network plans have increased in popularity because of their lower premiums, but plans using such networks need to think about associated potential problems with poor provider access, balance billing and provider directory information. Detailed information about the latest regulatory and legislative measures to prevent balance […]
As part of the negotiations for a new hire’s total compensation package, the candidate has asked the company to waive the health benefits eligibility period and start benefits immediately. Can the company agree to this for some new hires and not others? Would this put the company in jeopardy of potential discrimination claims?
By Jennifer Carsen, JD Maybe you, like me, are old enough to remember David Letterman’s unfortunate opening bit at the 1995 Academy Awards—when he inexplicably went back and forth between Oprah Winfrey and Uma Thurman in the audience, saying “Uma…Oprah…Uma…Oprah…”
What are the ERISA Health and Welfare Benefit reporting requirements that apply to a small employer (less than 25 employees) with a fully insured group plan?
Question: How can an employer engage employees in the company’s success, give themselves a competitive position in the battle for new and existing employees, and at the same time, facilitate the sale of the company to a group of trusted, motivated people?
A third-party administrator faces California health privacy and unfair business practices charges for allegedly handing over a plan participant’s case management information to an employer, which then terminated her to avoid paying for her impending liver transplant. The TPA’s arguments for ERISA preemption failed because the plan participant’s state-law action could have been brought in […]
A federal appellate court affirmed the legality of Verizon Communications Inc.’s 2012 decision to offload more than $7 billion in pension obligations, in a ruling that lent further support for popular pension derisking measures. In Lee. v. Verizon, 2015 WL 4880972 (5th Cir., Aug. 17, 2015), two classes of plaintiffs — retirees whose benefits management […]
By Holly Jones, JD, Senior Legal Editor In yesterday’s Advisor, we took a look at why certain 401(k) benefits are not as attractive to candidates with significant student loan debt. These candidates might not be able to contribute, and so the benefit becomes a nonbenefit. Today we’ll explore how employers can offer an alternate benefit […]
The U.S. Supreme Court will decide whether ERISA preemption shields a self-funded health plan from state requirements to report health claims data. The court agreed June 29 to hear Gobeille v. Liberty Mutual Ins. Co. (2015 WL 2473478). The state of Vermont is appealing the 2nd U.S. Circuit Court of Appeals’ ruling in Liberty Mutual v. […]