leaving open the question of whether an arbitration clause contained in a plan document would lead to a different result. However, there have been several recent decisions in the Third, Seventh, and Tenth Circuits
Tailored ERISA consulting for items such as: Form 5500, Plan Governance Review, ERISA Compliance Reviews, Audit Preparation, Plan Document, Summary Plan Documents and so much more.Take me there! ErisaALERT Up-to-date items to be aware of regarding ERISA compliance and ERISA Guidelines. Items suc...
But to make this change, the plan documents must be sufficiently clear. Where plan document language is ambiguous, the plan is construed as providing plenary review. As with insurance coverage generally, ambiguity is, in effect, construed against the drafter of the documents.However, unless a ...
of Appeals for the 10th Circuit dismissed plaintiffs' Employee Retirement Income Security Act (ERISA) claims after failing to properly raise and appeal such claims. The district court granted the defendants' motion to dismiss after determining that the bonus agreement is not an ERISA plan document....
Plan Document Transition Analyst { I can’t tell you how much I appreciate your prompt response. As you know, things are happening so quickly right now that I didn’t want to wait a week on a response (as I have to with other providers). Thank you. ...
plan, or its fiduciaries, to court. In this Eighth Circuit case, the claim denial letter to a life insurance beneficiary required exhaustion, but the plan document didn’t. ERISA requires that the terms of an employee benefit plan be committed to written plan documents so ...
Any employer with one or more employees should have a Wrap Plan document. Wrap plans allow employers that offer multiple separate benefit plans, such as medical, dental, vision, life insurance, and others, to “wrap” these benefits into a single plan for the purposes of ERISA compliance and...
When Should an Employer Adopt a Preapproved 403(b) Plan? Can the Employer Cure Past Plan Issues by Adopting a Preapproved 403(b) Plan? What Should an Employer Do If It Did Not Comply with the Written Plan Document Requirement in the Past?
Document Dashboard Custom Compliance Documents EnsuredCompliance uses a “wizard” approach to create ERISA required documents and non-discrimination tests. The wizard uses a combination of plan-specific information and plan types to deliver custom-tailored, guaranteed-compliant documents. ...
EBSA administers and enforces ERISA. To ensurecompliance with ERISA, plan administrators must follow plan document terms and make deposits and deferrals on time.18They must also submit notices,disclosures, and forms to participants, and update participants of any changes to the plan within mandated...