September 08, 2016

Issue: Fall 2016

About This Issue

Let's see now, Abraham Lincoln reportedly told us "you can fool some of the people all of the time, and all of the people some of the time, but you cannot fool all of the people all of the time" but then again Abe did not have social media and a 24 hour cable news cycle. That pre-eminent ERISA lawyer H.L. Mencken clarified that: "Democracy is the theory that the common people know what they want, and deserve to get it good and hard." We table our musings on the state of the union, its electorate and candidates, because it is time for the third 2016 edition of the EBC Newsletter. Our continuing efforts to address a broad spectrum of issues and developments of interest bring you the following offerings in this edition:

  • There is a thin line between Saturday night and Sunday morning as Mr. Buffet (Jimmy not Warren) once observed and there is a vigorous debate about the line between that which is a church plan and that which is not. We asked a few usual suspects in that debate to weigh in
    • Religious Hospital Employees Closing in on Retirement Security: An Update on Victories in Church Plan Litigation by Darin Ranahan
    • Church Plans Revisited, by G. Daniel Miller
  • Kathryn Bakich reminds us that there is a unique non-discrimination provision in the PPACA with her article:Employer-Sponsored Group Health Plans May Now Be Subject to Multiple Federal Civil Rights Laws under Section 1557 of the Affordable Care Act;
  • Our annual fall feature Circuit Round Up is brought to us this year once again by Michelle Roberts who also becomes our newest co-editor;
  • Tiffany Santos and Shannon Oliver provide us some thoughts on a few other things going on in the Affordable Care Act in their piece A Grab Bag of Recent Health Plan Guidance; and
  • The ever-popular As we go to e-Press returns.

The members of the editorial board remain keenly interested in your feedback on whether we are capturing what you would like to see in your newsletter. They would also be delighted to discuss article ideas you may have. Those with thoughts on issues they would like to see addressed and/or thoughts on articles should contact one of the editors.


Jim Nelson, Greenberg Traurig, LLP

Joanne Roskey, U.S. Department of Labor

Catha Worthman, Feinberg Jackson Worthman and Wasow, LLP

Doug Selwyn, Conner & Winters LLP

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