Tag Archives: ERISA

April 1, 2018 is Fast Approaching – Are Your Disability Claims Procedures Ready?

Disability
The Department of Labor issued the final disability claims regulations on December 16, 2016. These regulations are effective for all claims filed on or after April 1, 2018. The Department felt the update was needed to provide claimants a full and fair review, to promote fairness and accuracy, and to better protect participants.  The Department … Continue reading this entry

Cybersecurity Risks to Employee Benefit Plans - Are You Prepared?

Cybersecurity
Unless you’ve been living on a remote mountaintop or inside a cave for the past 10 years, chances are good you’ve either been affected by a cybersecurity breach or know someone who has. Among many other businesses, recent cybersecurity breaches have affected large retailers and bankers, internet providers, and even the U.S. government.  The 2017 … Continue reading this entry

“But Our Vendor Handles Everything — How Can We Still Have Fiduciary Liability?”

Employer
As the rules governing retirement and health plans grow more complex, employers often need professional help in order to keep up with the day-to-day management of the employee benefit plans they sponsor. From third-party administrators and financial advisers hired to manage the operations and investments of 401(k) plans to administrative service organizations and pharmacy benefit … Continue reading this entry

Cover Letters: The Key to Simplifying ERISA Plan Document Requests

Employer
Sponsors of qualified retirement plans and group health plans may receive tens, if not hundreds, of plan document requests every year. Responding to these requests in accordance with the rules set forth under the Employee Income Retirement Security Act (ERISA) can be fairly straight-forward, especially if the plan sponsor maintains updated copies of all requested … Continue reading this entry

Does Your Severance Trigger ERISA? Why You Should Care and What You Should Do

EEOC
Generally speaking, many employers do not think about the Employee Retirement Income Security Act (ERISA) when it comes to severance, whether at the front end, when employment agreements or policies are negotiated and planned, or at the back end, when termination occurs and the severance is paid. However, a recent case from a trial court … Continue reading this entry

ACA Suit Challenging Reduction in Hours Allowed to Proceed

Many employers are still working to catch up to and understand the new requirements of the Affordable Care Act (ACA) – including the IRS, which has announced automatic extensions to certain reporting requirements for this year. In the first case of its kind, a federal court in New York City has recently given employers some … Continue reading this entry

By George, It Must Be Formal — Informal Complaints May Not Be Protected by ERISA’s Anti-Retaliation Provision

Section 510 of the Employee Retirement Income Security Act of 1974 (ERISA) protects an employee who “has given information or has testified or is about to testify in any inquiry or proceeding relating to” ERISA from retaliation by that person’s employer. 29 U.S.C. § 1140. It is clear that, if an employee testifies regarding an … Continue reading this entry