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Results: 1-10 of 41

Does ERISA preempt breach of contract claims on employment agreements? Yes and no.
  • Fox Rothschild LLP
  • USA
  • May 22 2012

Employment agreements and offer letters that make reference to employee benefits can create a whole host of potential problems


Dependent audits and dis-enrollment: yes you can!
  • Fox Rothschild LLP
  • USA
  • February 1 2012

With PPACA comes potential coverage of dependents to age 26


Counting COBRA; look to related companies
  • Fox Rothschild LLP
  • USA
  • March 1 2011

Most employers are aware that COBRA exempts from its applicability employers with fewer than 20 employees


Withdrawal liability must be actuary's "best estimate"
  • Fox Rothschild LLP
  • USA
  • September 18 2012

When dealing with withdrawal liability, employers frequently question how it is calculated and the answer is usually "by an actuary."


Overdoses are accidents: plan language controls
  • Fox Rothschild LLP
  • USA
  • September 20 2012

Often times the silliest of facts patterns illustrate the important principles of plan administration


Step-children are not beneficiaries (unless they are)
  • Fox Rothschild LLP
  • USA
  • August 10 2012

A retirement plan participant can designate a beneficiary other than a spouse, but a waiver is required


Yikes! $83,000 COBRA penalty for not providing notice
  • Fox Rothschild LLP
  • USA
  • November 6 2012

I cannot stress enough the importance of documenting plan procedures and following them for each stage of plan administration


Unions can indemnify employers if it's in the contract
  • Fox Rothschild LLP
  • USA
  • March 21 2012

Back in 2009, we looked at a Third Circuit case called Pittsburgh Mack Sales v. IUOE, Local No. 66 that found that it was not against public policy to require a union to reimburse an employer for withdrawal liability


Supreme court looks at deficient plan communications: fiduciaries beware?
  • Fox Rothschild LLP
  • USA
  • December 7 2010

In the past, I have written about the importance of including accurate language in summary plan descriptions and how significant it is for plan sponsors to include appropriate "discretionary authority" language and "reservation of rights" provisions in plan documents


Court finds terminating disability benefits was arbitrary and capricious
  • Fox Rothschild LLP
  • USA
  • February 11 2011

Disability benefits provide an interesting problem for plan administrators because there are multiple times when an appeal right may attach