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Treatment of “Collateral” Employees Under Retirement Plans
  • Spencer Fane LLP
  • USA
  • May 22 2017

It is common for employers to contract with one or more third parties (sometimes referred to as “leasing companies”) to provide individuals to perform

Grounding Deferential Review in California - No Preemption for Discretionary Clause Ban
  • Seyfarth Shaw LLP
  • USA
  • May 15 2017

In a decision with wide ranging implications, the Ninth Circuit has ruled that a discretionary clause in an employer drafted plan document is subject

Labor and Employment Alert: Court Faults Employer for Failing to Provide Accurate Information Regarding Life Insurance Conversion
  • Vorys Sater Seymour and Pease LLP
  • USA
  • May 15 2017

A federal court recently ordered an employer, WellStar Health System Inc., to pay $750,000.00 to a former employee's widow for breaching its fiduciary

Update 8: American Health Care Act Passed by House May Revive Annual and Lifetime Limits in Self-Insured Employer Plans
  • Davis Wright Tremaine LLP
  • USA
  • May 11 2017

On May 4, the House Republicans narrowly passed the American Health Care Act (AHCA). Except for effective dates, the provisions impacting employers

FEHBA Insurers Prevail on Subrogation and Reimbursement Rights
  • McGuireWoods LLP
  • USA
  • May 9 2017

The U.S. Supreme Court on April 18 unanimously held that insurance carriers operating under the Federal Employees Health Benefits Act (FEHBA) may

The AHCA Passes the HouseSenate Is the Next Test for “Repeal and Replace”
  • Morgan Lewis & Bockius LLP
  • USA
  • May 4 2017

On May 4 the US House of Representatives passed H.R. 1628, The American Health Care Act of 2017 (AHCA). Passed through a budget reconciliation process

Texas Department of Insurance Clarifies Position on Medical Stop Loss Coverage through Texas Captive Insurers
  • Mitchell Williams Selig Gates & Woodyard PLLC
  • USA
  • May 1 2017

The Texas Department of Insurance has clarified its position on medical stop loss coverage through Texas captive insurers. The Department has

ERISA & Life Insurance News - May 2017
  • Smith Moore Leatherwood LLP
  • USA
  • May 1 2017

"ERISA-fication" is a made-up term describing the application of ERISA to what, on its face, would appear to be a typical individual insurance policy

Company Liable for Not Providing Accurate Information about Benefits
  • Dickinson Wright
  • USA
  • April 27 2017

A recent court case, Erwood vs Life Insurance Company of North America, is a reminder that plan sponsors must understand the terms of their welfare

ACA Repeal-and-Replace Continues: What Employers Need to Know About the MacArthur Amendment
  • Venable LLP
  • USA
  • April 27 2017

On April 25, 2017, a new proposal tweaking the repeal-and-replace legislation surfaced. Called the "MacArthur Amendment" because it was proposed by