Supreme Court to Hear Case on Accrual of Causes of Action Under ERISA
Yesterday, the Supreme Court granted a plan participant’s petition for a writ of certiorari in Heimeshoff v. Hartford Life & Acc. Ins. Co., No. 12-729, 2013 WL 1500233 (Apr. 15, 2013). The Court limited its review to a single question [...]
11th Circuit: Claimant’s Attorney’s Protest Letter Doesn’t Constitute Administrative Appeal for Exhaustion Purposes
The Eleventh Circuit Court of Appeals recently issued an opinion that provides guidance on what constitutes an appeal for purposes of exhausting administrative remedies under ERISA § 503. In Florida Health Sciences Center, Inc. v. Total Plastics, Inc. (Nov. 6, [...]
Sixth Circuit Allows Reasonable Modifications of Retiree Health Benefits
On September 13, 2012, the Sixth Circuit in Reese v. CNH Am. LLC, 11-1359, 2012 WL 4009695 (6th Cir. Sept. 13, 2012) reiterated its 2009 ruling in the same case that an employer could unilaterally modify a retiree health plan, [...]
Wellness is Alive & Well in the 11th Circuit
On Monday, the Eleventh Circuit Court of Appeals ruled in Seff v. Broward County that Broward County, Florida’s wellness program qualified for the Americans with Disabilities Act (ADA) bona fide benefit plan safe harbor and therefore was not discriminatory under [...]
QDIAs and Affirmative Investment Elections
In Bidwell v. University Medical Center, Inc., the Sixth Circuit ruled that an employer was not liable for resulting financial losses when it transferred assets in participants’ retirement plan accounts from a stable value fund to a Qualified Default Investment [...]
Could Stop Loss Coverage Help Employers Circumvent Health Reform?
Lately, there has been considerable concern about stop loss coverage. In a brief two-and-one-half page notice published in the May 1 Federal Register, the IRS, Department of Labor, and Department of Health and Human Services (the agencies regulating the Patient [...]
The Next Wave of PPACA Litigation?
Just when you thought we were done with lawsuits over health reform, you may be surprised to learn that there is and could be more litigation in 2015. Several dozen cases have been filed by various religious organizations pertaining primarily [...]
Participant Fee Disclosures and The Duty to Inform When Participants Ask Questions
Qualified plan sponsors and plan fiduciaries should always be well prepared to avoid litigation or at least limit its consequences. This general rule typically means that it is important to follow ERISA’s fiduciary obligations through prudent action and process. Once [...]
Part 3 – What if…Everything You Know (About PPACA) is Wrong?
This is our third of three “What if” posts discussing the likely outcomes of the Supreme Court hearings on the health care reform law. Our first two posts are available here and here. What if the Supreme Court invalidates the [...]
