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Recent cases involving beneficiary designations

Hodgson Russ LLP
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USA
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September 29 2010

Two recent cases are instructive when it comes to determining the validity of beneficiary designations

409a provisions create uncertainty in plan document

Hodgson Russ LLP
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USA
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January 4 2011

As our readers are probably very aware, Internal Revenue Code 409A requires that payments to "specified employees" which are triggered by a separation from service must be delayed for a period of six months from the date of separation

DOL initiates nationwide enforcement actions targeting improper handling of plan contributions

Hodgson Russ LLP
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USA
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November 29 2010

As part of its Employee Contributions Initiative, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) recently filed 24 civil lawsuits nationwide in an effort to protect benefits for employees participating in contributory health or retirement benefit plans

Post-normal retirement date benefit accruals

Hodgson Russ LLP
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USA
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October 29 2010

Defined benefit plan administrators can find the rules dealing with benefit accruals and actuarial adjustment after normal retirement date are complex and confusing

Agencies issue amendments to the PPACA claims and appeals processes

Hodgson Russ LLP
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USA
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July 29 2011

The Treasury, DOL, and the Department of Health and Human Services jointly issued amendments to the interim final rules governing the internal claims and appeals and the external review processes required under the Patient Protection and Affordable Care Act (PPACA

Divorce settlement does not trump beneficiary designation

Hodgson Russ LLP
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USA
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March 25 2010

A decedent’s ex-wife, named as beneficiary under her decedent ex-husband’s 401(k) plan, was entitled to his plan benefits, the U.S. District Court for the District of Massachusetts ruled

Conflict between plan and SPD ruled in favor of participant

Hodgson Russ LLP
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USA
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August 31 2010

The US Court of Appeals for the Eighth Circuit recently reversed and remanded a decision of a district court that upheld an insurer's decision to deny long-term health benefits

MEWA held to be not fully insured under ERISA

Hodgson Russ LLP
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USA
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April 15 2011

When unrelated employers join together in an association or other group to purchase or arrange for health insurance, the association is defined as a "multiple employer welfare arrangement" or "MEWA" under the law

Anti-abuse rule: bona fide employment-based reasons

Hodgson Russ LLP
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USA
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July 8 2011

The interim final regulations provide that a plan will not lose its grandfathered status if, for a bona fide employment-based reason, employees are transferred from one grandfathered plan to another, even if the transferred employees would recognize a reduction in benefits or a higher cost under the new plan

Increased drug costs

Hodgson Russ LLP
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USA
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July 8 2011

The new guidance also provides that a plan will not lose its grandfathered status if a drug offered by the plan is reclassified in a more expensive tier because a generic alternative becomes available