Archives: ERISA

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DOL Delays “Final Rule” for ERISA Disability Benefits

On November 29, 2017, The Department of Labor delayed through April 1, 2018, the applicability of a Final Rule amending the claims procedure requirements applicable to ERISA-covered employee benefit plans that provide disability benefits. The purpose of the Final Rule was to add procedural protections and safeguards similar to those applicable to group health plans … Continue Reading

The DOL Fiduciary Rule: Are Commission Structures for Retirement Investment Advisers a Thing of the Past?

On Wednesday, February 9, a Texas federal judge upheld the U.S. Department of Labor’s (DOL) controversial fiduciary rule for retirement investment advisers — just hours after the agency had asked to stay the case in light of President Donald Trump’s directive to it on February 3rd to conduct an “economic and legal analysis” of the … Continue Reading

High Court Holds ERISA Preempts State Law Regulating Plan Reporting Requirements

On March 1, 2016, the United States Supreme Court ruled on the scope of ERISA preemption as it relates to reporting requirements. In Gobeille v. Liberty Mutual Insurance Co. [pdf], the High Court held that ERISA preempts a Vermont statute regulating plan reporting requirements. The Vermont law addressed in Gobeille required disclosure of payments related … Continue Reading

US Supreme Court Hears ERISA Case With Implications for Self-Funded Employer Health Plans

Last week, the US Supreme Court heard arguments in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan.  At issue in that case is whether a beneficiary of a benefit plan governed by ERISA can defeat enforcement of the plan’s right of subrogation (its lien) by dissipating the funds received by that beneficiary.  A … Continue Reading
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