ERISA preemption of state law |
ERISA Failures and the Erosion of Workers' Rights: The Urgent Need to Protect Private and Public Workers' Pensions and Benefits
"This article seeks to provide a broad overview of the crisis facing the pension and benefits system in the United States and offers some possible solutions. More importantly, the goal is to spur discourse on the urgent need to protect the benefits of all workers, public and private." (Social Science Research Network)
Workers Fight Switch to Church Pension Plans
"[ERISA] has always exempted plans operated directly by churches for their clergy and employees to make it easier for the churches to operate their plans. A 1980 amendment to ERISA clarified that the exemption also applied to church pension boards, which administer group pension plans for church employees. But since then, a growing number of plan sponsors with less-direct ties to religious organizations have been declaring themselves church plans and asking the [IRS] to issue private-letter rulings confirming the exemptions, which free the plans from federal funding requirements." (Thomson Reuters)
[Guidance Overview] The ERISA Litigation Newsletter, January 2012
"This month, [an article takes] a look back at the most significant ERISA litigation decisions of the past year and what they portend for 2012. The article addresses the implications of two major Supreme Court decisions, Cigna Corp. v. Amara and Walmart Stores, Inc. v. Dukes, and developments in 401(k) plan excessive fee and employer stock drop cases. We also focus on a recent Second Circuit decision addressing the issue of when the statute of limitations on benefits claims commences, and its potential implications for both individual and class action benefit claims. As always, be sure to review the section on Rulings, Filings, and Settlements of Interest." (Proskauer Rose LLP)
Cheaper Policies Bought in the Workplace Can Have Drawbacks
"[W]hereas traditional insurance is subject to state laws and disputes can be tried before juries, with the potential for punitive damage awards, policies sold through employers typically fall under [ERISA] -- with a federal judge ruling on disputes and no damages allowed." (The Wall Street Journal)
[Guidance Overview] Federal Court Holds Plaintiff's Recovery of Medical Expenses Paid by ERISA Plan Are Recoverable
"The Defendants filed affirmative defenses including claims that the Plaintiffs' recovery was reduced or barred by the provisions of the Pennsylvania Motor Vehicle Financial Responsbility Law (MVFRL). The Plaintiffs argued that the defenses should be stricken since the medical bills were paid by a self funded ERISA plan which was making a claim for reimbursement. The Plaintiffs filed a Motion in Limine." (InjuryBoard)
[Guidance Overview] Missouri Slayer Law Preempted by ERISA
"The court also questions whether Missouri's Slayer Statute even creates a private right of action, but eventually concludes that it need not decide the case because of its holding on ERISA preemption. The court does allow the Plaintiff to proceed on the ERISA claim and points out that it is not precluded in applying the principles of a Slayer Statute to Plaintiff's ERISA benefits claim." (ERISABoard.com)
[Guidance Overview] ERISA Preempted State Law Negligence and Fiduciary Breach Claims Against TPA
"ERISA preempted a small business owner's claim that a pension third party administrator acted negligently and breached its fiduciary duty with respect to its administration of the owner's '412(i)' plan, the [court] has ruled." (Wolters Kluwer Law & Business / CCH)
Economic Analysis in ERISA Litigation over Fiduciary Duties
"The following post comes . . . from Dr. John Montgomery, Senior Vice President with NERA Economic Consulting, and is based on a NERA publication by Dr. Montgomery which previously appeared in the July, August, and September 2011 issues of the Employment Law Strategist." (The President and Fellows of Harvard College)
[Guidance Overview] The ERISA Litigation Newsletter, December 2011
The newsletter includes the following: Third Circuit Finds 'Inequitable' The Enforceability of a Clear ERISA Welfare Plan Reimbursement Provision That Deprived a Participant of a Full Recovery; District Court Dismisses ERISA ? 502(a)(2) Claim Based on Plaintiffs' Failure to Make Pre-Suit Demand; Application of ERISA Section 510 to Internal Workplace Complaints: A Review of Circuit Court Decisions; and, Rulings, Filings, and Settlements of Interest. (Proskauer Rose LLP)
[Guidance Overview] Employers Must Comply with Changes to San Francisco Health Care Mandate Beginning January 1, 2012
"While these changes again raise federal [ERISA] preemption concerns, barring a challenge (which seems unlikely), the Ordinance's new requirements will go into effect. Employers, particularly those using a health reimbursement account plan (HRA) or a health savings account (HSA) plan, should consider compliance preparations with the assistance of legal counsel." (Jackson Lewis LLP)
[Guidance Overview] Court Finds Medical Equipment Provider's Claims not ERISA Dependent
"The court ruled that [ERISA] does not preempt certain state statutory and common law claims for negligent misrepresentation and other unfair deceptive practices." (PLANSPONSOR.COM)
|
Important word about authorship:
BenefitsLink® (BenefitsLink.com) provides this page for you, containing selected hypertext links to pages on the web that our editors think will be useful or interesting to you. But BenefitsLink is not the author or publisher of those linked pages (except as expressly indicated). You should contact directly the author of any such linked pages for copyright or other information about their contents.
|
Webmaster: Dave Baker (click) · © 2012 BenefitsLink.com, Inc.
(contact the webmaster for reprint permission) ·
Linking: Feel free to link directly to this page, even without specifically crediting BenefitsLink ® as its source. Glad you're here! ·
Privacy Policy
|
|
