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Although the DOL Fiduciary Rule and related prohibited transaction exemptions are not officially dead until the Court of Appeals for the Fifth Circuit issues its mandate vacating the rule in toto, an event anxiously awaited by the financial industry, recent attention...
The Fourth Circuit Court of Appeals, in Gordon v. CIGNA Corp., has affirmed a lower court's determination that an insurance company did not breach its fiduciary duty under ERISA when it paid an insured's widow only half of the amount of life insurance coverage for...
Whenever a company announces performance goals that apply to cash bonus, equity award, or vesting conditions, there is some risk that affected employees will later question the end-of-period determinations. Well-drafted plans and programs include significant employer...
How to Best Manage Sexual Harassment in Medicine? - David Gabor, MedPage Today, June 10, 2018
The Sixth Circuit Court of Appeals, in Clemons v. Norton Healthcare Retirement Plan, held that certain doctrines of contract interpretation did not apply to resolve ambiguities in an ERISA plan once a court has determined that the plan document grants the...
View Printable PDF Executive Summary Although comprehensive retirement income solutions may be top of mind, partial solutions used on their own, or in combination with other retirement income investment solutions, can efficiently target specific goals while...
The Ninth Circuit Court of Appeals, in Eden Surgical Center v. Cognizant Technology Solutions Corp., dismissed a healthcare provider's lawsuit against a group health plan in which the provider sought benefits as the assignee of a plan participant. Background. Many...
The Third Circuit Court of Appeals has ruled, in Girardot v. The Chemours Company, that an employer's severance plan is not a welfare benefit plan as defined under ERISA and, therefore, plan participants are not entitled to the protections provided by ERISA. Facts. ...
On the heels of the Security and Exchange Commission's (the "Commission") April 18, 2018 release of the proposed Regulation Best Interest rule package ("Regulation BI") (which was covered in our April 20, 2018 Laws Alert), the Financial Industry Regulatory Authority...
The IRS has announced the 2019 calendar year dollar limits for health savings account ("HSA") contributions, and the minimum deductible amounts and maximum out-of-pocket expenses for high deductible health plans ("HDHPs"). By law, these limits are indexed annually to...