News 2017-08-20T09:17:05+00:00

ERISAPros News


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By | July 10th, 2017|

SPD Was Enforceable Despite Referencing a Nonexistent Plan Document

In litigation involving a health plan reimbursement claim, the Fifth Circuit ruled that a plan’s summary plan description (SPD) could serve as the plan’s “written instrument” under the Employee Retirement Income Security Act of 1974 (ERISA) (that is, the plan document) in the absence of a separate written instrument. The […]

By | July 3rd, 2017|

COBRA and Second Qualifying Events – When Does the Clock Start?

“If the initial qualifying event that triggers an individual’s COBRA rights is terminating employment or reducing hours of employment, subsequent qualifying events may result in an extension of the maximum COBRA coverage period for certain qualified beneficiaries…. Note that a covered employee is not a qualified beneficiary with respect to […]

By | June 14th, 2017|

Could Your Incentive Plan Be Subject to ERISA?

“Many incentive or bonus plans make payments or deliver stock within 2-1/2 months after the end of the year the participant became vested in order comply with the short-term deferral exception of Code Section 409A. However, some incentive plans provide for accumulations, multi-year periods, and mandatory deferrals. These plans may […]

By | June 7th, 2017|

A Few Considerations During Form 5500 Season

“Both the IRS and DOL comment that improperly completed Form 5500s will increase the probability that they may take a closer look at plan matters. This article includes a short list of considerations and questions aimed at helping plan sponsor employers avoid government investigation otherwise prompted by a ‘wrong’ answer […]

By | May 14th, 2017|
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