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37 results found

Article

Hodgson Russ LLP | USA | 29 Jul 2011

Department of Labor modifies effective dates for fee disclosure rules

The DOL has published final regulations modifying the applicability dates for certain fee disclosure rules.

Article

Hodgson Russ LLP | USA | 29 Jul 2011

Circuit court upholds fiduciary exception to attorney-client privilege

Plan fiduciaries should be aware that communications with benefit plan attorneys may not be privileged

Article

Hodgson Russ LLP | USA | 29 Jul 2011

Plan administrator not obligated to provide benefit accruals for unpaid hours

Nurse participants in a hospital retirement plan were upset that their unpaid meal breaks, during which they were required to work, and an unpaid 20-40 minute period of patient status review before the official start of their shifts were not counted for benefit purposes in the hospital's retirement plans.

Article

Hodgson Russ LLP | USA | 29 Jul 2011

Agencies issue amendments to the PPACA claims and appeals processes

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)

Article

Hodgson Russ LLP | USA | 20 May 2011

Oral agreement not sufficient to modify plan contribution obligation

It is important for employers to recognize that an oral agreement to modify a plan obligation, even when it is acknowledged by both the parties, may not be enforceable when current plan provisions contradict the oral agreement.

Article

Hodgson Russ LLP | USA | 20 May 2011

Technical Release extends claims and appeals non-enforcement grace period for certain provisions

The Department of Labor (DOL) recently issued Technical Release 2011-01, extending the non-enforcement period relating to certain interim procedures for internal claims and appeals under the Patient Protection and Affordable Care Act (PPACA).

Article

Hodgson Russ LLP | USA | 20 May 2011

Supreme Court will not hear case involving ERISA’s whistleblower provision

In August 2010, we reported on a Federal Court of Appeals decision involving complaints made by a director of human resources about her employer's administration of the company's medical plan and the employee's claim that she was improperly discharged as a result of these complaints.

Article

Hodgson Russ LLP | USA | 20 May 2011

Asset sale exception to multiemployer withdrawal liability upheld

Underfunded multiemployer pension plans assess "withdrawal liability" to a contributing employer if the employer ceases to contribute to the plan either wholly (a "complete withdrawal") or where there is a 70 percent or more reduction in contributions (a "partial withdrawal").

Article

Hodgson Russ LLP | USA | 15 Apr 2011

MEWA held to be not fully insured under ERISA

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.

Article

Hodgson Russ LLP | USA | 11 Feb 2011

Teachers’ efforts to bring 403(b) plan lawsuits fall short

In two different cases from two different regions of the country, teachers brought lawsuits to challenge alleged endorsement and kickback arrangements involving IRC 403(b) plans on the basis of fiduciary breaches.

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