Issue: Fall 2019

Employees

Circuit Round-Up of Key Appellate ERISA Decisions from February-September 2019

By: Michelle L. Roberts and Andrew M. Kantor

Fortier received long-term disability (LTD) benefits under a group disability plan insured by Hartford Life & Accident Insurance Company (“the Plan”). The Plan only pays 24 months of benefits for disabilities caused by mental illnesses. Hartford approved and paid Fortier’s LTD benefits before sending her notice on September 13, 2011 that her benefits would terminate in the future on November 1, 2011 due to the Plan’s Mental Illness Limitation.

Administrative Law

PBGC’s Participant and Plan Sponsor Advocate: An Overview

By: Camille M. Castro (The views expressed in this article are the author’s own and do not represent the views of the United States federal government.)

Dealing with a bureaucracy, such as a federal government agency, can be a time-consuming and frustrating experience. Recognizing the need for assistance to help cut through the red tape, several agencies have established independent advocate or ombudsmen offices to help the public resolve issues with an agency.

Employees

ERISA Reclassification of Independent Contractors

By: James M. Nelson

ERISA-governed plans define the participants who are eligible to participate in the benefits they provide. Whether a worker is classified as an employee or a contractor is often determinative of eligibility.

Employees

As We Go To E-Press – A Few Items from the Editors of the EBC Newsletter

As is the custom, the editors have identified a few recent items worthy of mention but perhaps not extensive discourse. That does not mean these developments are unimportant but rather that they are, to a large degree, self-explanatory or both too important and too new to address fully.