Searching Content indexed under Employee Benefits & Compensation by Ronald Kramer ordered by Published Date Descending.
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Out Of Network Provider's Claim Against Health Insurer Avoids ERISA Preemption
The provider moved to remand, claiming there could be no preemption given it had no standing to bring an ERISA claim.
United States
23 May 2019
Sixth Circuit Follows Ordinary Principles Of Contract Law To Find Whirlpool Is Not Obligated To Provide Lifetime Retiree Healthcare Benefits
Seyfarth Synopsis: Over the last several years, the law governing disputes on lifetime retiree health benefits in the Sixth Circuit has had many twists and turns.
United States
14 Mar 2019
District Court Clarifies That "Disability" Requiring Workplace Accommodation Does Not Entitle Plaintiff To Disability Benefits
A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee's request for accommodation of a disability differ from those for determining whether the same employee is eligible for benefits under a short-term disability plan.
United States
15 Feb 2019
ERISA University Excessive Fee Cases Take Another Hit
Excessive fee complaint dismissed because the diverse selection of funds available to plan participants negates any claim that Defendants breached their duties of prudence simply because cheaper funds were available.
United States
12 Oct 2018
Central District Of California Finds No ERISA Preemption Where Determination Of Benefits At Termination Is Non-Discretionary
Claims for benefits at termination may proceed as a breach of contract claim in state court, and avoid ERISA preemption, where the calculations are individualized...
United States
30 Jan 2018
Timing Is Everything: Tenth Circuit Overturns Insurer's Disability Decision As Arbitrary And Capricious
Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated ...
United States
7 Nov 2017
Administrative Exhaustion As A Defense To Statutory ERISA Claims? Not So Much.
The Sixth Circuit becomes the seventh circuit court to not require administrative exhaustion for statutory ERISA claims (as opposed to denial of benefit claims), while two circuit courts still do.
United States
7 Apr 2017
Using Administrative Exhaustion As A Defense To Statutory ERISA Claims
Ronald Kramer and Michael Stevens authored "Using administrative exhaustion as a defense to statutory ERISA claims," an article on March 30 in Employee Benefit Adviser.
United States
7 Apr 2017
Board Defers To Arbitrator's Award Upholding Management Rights–But For How Long?
In Weavexx, LLC the Board deferred to an arbitrator's finding that the employer had the right to change its payday and pay cycle without first bargaining.
United States
14 Nov 2016
Paying Employees To Opt Out Of Insurance? BEWARE
That "win-win" in contract negotiation wherein employees are paid to opt out of employer insurance has become much more complicated thanks to the IRS.
United States
25 Jul 2016
Seventh Circuit Does The Math And Sides With Plan Administrator In Pension Calculation Dispute
On Wednesday, March 16, the Seventh Circuit inspired a collective sigh of relief among actuaries and plan administrators everywhere.
United States
30 Mar 2016
The Ninth Circuit Hammers Out A New Successorship Liability Test Under The MPPAA
The Ninth Circuit, in Resilient Floor Covering Pension Trust Fund Board of Trustees v. Michael's Floor Covering, Inc., Case No. 12-17675, joined the Seventh Circuit in finding that an asset purchaser, if a successor, can be liable for withdrawal liability triggered as a result of the sale.
United States
12 Oct 2015
Is An Asset Purchaser Liable For Seller's Withdrawal Liability?
Many asset buyers believe that, as long as they do not agree to ERISA Section 4204's sale of assets exception to withdrawal liability, they will acquire the seller's assets free and clear of any prior contribution history...
United States
10 Aug 2015
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