ERISA

Understanding ERISA Liability in the Context of Pharmacy Benefits

Anne Newhouse
 

Fiduciary responsibility has always been a concern for retirement plans governed by the Employee Retirement Income Security Act of 1974 (ERISA). The language on the Department of Labor (DOL) Fiduciary Responsibilities webpage explains, “The primary responsibility of fiduciaries is to run the […]

The DOL Retirement Security Final Rule: Highlights for Plan Sponsors

Jenny Gartman, CEBS
 

On April 25, 2024, the Department of Labor (DOL) published the retirement security final rule defining fiduciary status for investment advice to retirement investors under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (IRC). It is set to […]

Best Practices for Multiemployer Retirement Plan Death Audits

Jenny Gartman, CEBS
 

Fiduciaries have many responsibilities that stem from the duties of care, loyalty and prudence, including ensuring the correct benefits are paid to the correct participants and beneficiaries of the plan. Benefits Magazine authors Lisa L. Kaiser, CEBS, and Carey R. Wooton, CEBS, explain […]

FAQs on Workplace Emergency Savings Accounts Under SECURE 2.0  

Jenny Gartman, CEBS
 

The U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) has issued FAQs on optional pension-linked emergency savings accounts (PLESAs) as part of the implementation of the SECURE 2.0 Act of 2022 (ERISA section 801). SECURE 2.0 authorized 401(k), 403(b) and governmental […]

Legal & Legislative Reporter: Appellate Court Reverses and Remands Denial of Breach of Fiduciary Duty

Tim Hennessy
 

Every month, the International Foundation releases the Legal and Legislative Reporter, a compilation of new employee benefits-related case summaries. Below is a summary we thought you’d be interested in. Content provided by Morgan, Lewis & Bockius LLP. The U.S. Court of Appeals for […]

Legal & Legislative Reporter: Medical Provider May Not Bring Claim on Behalf of Participants and Beneficiaries

Guest Contributor
 

Every month, the International Foundation releases the Legal and Legislative Reporter, a compilation of new employee benefits–related case summaries. Below is a summary we thought you’d be interested in. Content provided by Morgan, Lewis & Bockius LLP. The U.S. District Court for the […]

Legal & Legislative Reporter: Failure to Satisfy ERISA Requirements Dismisses Future Disability Benefits

Guest Contributor
 

Every month, the International Foundation releases the Legal and Legislative Reporter, a compilation of new employee benefits-related case summaries. Below is a summary we thought you’d be interested in. Content provided by Morgan, Lewis & Bockius LLP. The U.S. District Court for the […]

Legal & Legislative Reporter: Outcome of Farming Accident and Claim Denial Under the Occupational Exclusion 

Guest Contributor
 

Every month, the International Foundation releases the Legal and Legislative Reporter, a compilation of new employee benefits-related case summaries. Below is a summary we thought you’d be interested in. Content provided by Morgan, Lewis & Bockius LLP. The U.S. District Court for the […]

How SFA Rules Impact Annual Funding Notice Requirements

Jenny Gartman, CEBS
 

The American Rescue Plan Act (ARPA) of 2021 authorized special financial assistance (SFA) through the Pension Benefit Guaranty Corporation (PBGC) to eligible severely underfunded multiemployer plans. ARPA added section 4262 to Title IV of the Employee Retirement Income Security Act (ERISA). The multiemployer plans […]