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The U.S. Court of Appeals for the Tenth Circuit, in Pharmaceutical Care Management v. Mulready, has ruled that a state law regulating pharmacy benefit managers (“PBMs”) is preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”). Background. PBMs are...
Unlocking the Power of Retirement Plans for Climate Action - The Wagner Law Group, 401(k) Specialist, September 25, 2023 (PDF)
4 Takeaways For Benefits Attys After Judge Clears ESG Rule - Andrew Oringer, Law360, September 22, 2023 (PDF)
The U S District Court for the District of Utah has ruled, in L.D. v. United HealthCare, that a group health plan does not violate the Mental Health Parity and Addiction Equity Act (“MHPAEA”) if it uses separate, but comparable, guidelines to determine mental...
New Strategy in 401(k) Litigation: Ask for Settlement Before Suit is Filed - Andrew Oringer, Investment News, September 20, 2023 (PDF)
Supreme Court Asked to Weigh in on Arbitration, Again - Jordan Mamorsky, Pensions & Investments, September 18, 2023 (PDF)
New Republican Discrimination Bill Adds Little to Current Law: Lawyers - Mark Greenstein, FUNDfire, September 18, 2023 (PDF)
Latest ERISA Standard Ruling Could Lead To More Dismissals - Andrew Oringer, Law360, September 15, 2023 (PDF)
In deciding Bryant v. Walgreen Co., the U.S. District Court for the Northern District of Illinois addressed several important aspects of the COBRA notification requirements. Law. Employers must generally provide COBRA election notices to former employees and other...
Department of Labor Recovers $22.5 million for ESOP - Andrew Oringer, PLANSPONSOR, September 13, 2023 (PDF)
DOL Braces For Hostile Reception To Fiduciary Rule Rewrite - Andrew Oringer, Law360, September 12, 2023 (PDF)
By Harold Ashner and Israel Goldowitz On September 11, 2023, the American Bar Association (“ABA”) posted a summary of the May 3, 2023, meeting between representatives of the Pension Benefit Guaranty Corporation (“PBGC”) and representatives of the ABA’s Joint Committee...
New Fiduciary Rule Sent to OMB By Department of Labor - Thomas Clark, Jr., NAPA, September 9, 2023 (PDF)
Why Some Ex-Workers at Bed Bath & Beyond Face 401(k) Losses - Israel Golodowitz, New York Times, September 9, 2023 (PDF)
The U.S. Court of Appeals for the Tenth Circuit, in David P. v. United Healthcare Ins. Co., has reversed a group health plan’s benefits claim denial because the plan’s claims administrator failed to follow ERISA’s claims procedures. Law. Every ERISA-covered pension...
Law Firm Letter Backs DOL Rule on ERISA Fiduciaries Using Climate Factors - chief investment officer, September 1, 2023 (PDF)
Wagner Law Group: Climate Funds, ERISA May Co-Exist, With Prudence - PLANSPONSOR, August 31, 2023 (PDF)
SECURE 2.0 Roth Catch-Up Delay: More IRS Guidance to Come - The Wagner Law Group Law Alert, 401(k) Specialist, August, 31, 2023 (PDF)
By John Schultze and Barry Salkin One of the changes made by the SECURE 2.0 Act requires that catch-up contributions made by employees with FICA compensation from an employer sponsoring a 401(k), 403(b) or 457(b) defined contribution plan of at least $145,000 in the...
The Office of Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) and the Federal Trade Commission (“FTC”) have issued a letter, dated July 20, 2023 (the “Letter”), warning of potentially serious privacy and security risks related to the...
