Welfare Benefit Plan ERISA News
February 2011

New - ERISA Reporting & Disclosure Guide
ERISAPros has produced a comprehensive, yet concise and easy to use chart listing the major "Reporting" (to the government) and "Disclosure" (to participants) requirements of employers for their Welfare Benefit Plans. Our guide lists the documents, forms, and schedules required, the type of information they contain, to whom they should be provided, and when. References to the relevant DOL regulations are also provided, should you desire a more comprehensive explanation. You may access the Guide on our site free and also download a printer-friendly .pdf version.
ERISA Lawsuits Up
Data from the US District Court reveals that 9,300 ERISA lawsuits were filed during the 12-month period ending March 31, 2010. This represents a significant increase in litigation since the beginning of the recession in 2008, and it is a direct result of the market decline. Full article.
Grandfather Status Not Lost Due Solely to Carrier Change
Initially, the regulations provided that if an employer entered into a new policy, certificate, or contract of insurance after March 23, 2010, the new plan would not be grandfathered. Those regulations were later amended to provide that a new group health policy, certificate, or contract that is effective on or after November 15, 2010 would not automatically cause a loss of grandfathered status. An employer could even change from insured to self-funded or vice-versa without losing grandfather status. Certain other types of changes would cause a loss of grandfather status, e.g., elimination of benefits or an increase in percentage cost-sharing.
Excepted Benefits
Several types of benefits are not considered health coverage and are not subject to PPACA. They are generally not considered health coverage, offered separately or are not an integral part of the plan or not coordinated with benefits under another group health plan, or are offered as a separate insurance policy and supplemental to Medicare and Armed Forces health care coverage.
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"How ERISA Will Affect Group Insurance Plans in 2011"
© 2017 ERISAPros, LLC, All rights reserved. Information on ERISAPros' website, its newsletter, “News & Views,” and its blog, “ERISA Wonk,” is published as a general informational source. Information and articles are general in nature and are not intended to constitute legal or tax advice in any particular matter. Blog posts and comments reflect the personal views of their respective authors - not those of ERISAPros. Transmission of this information does not create an attorney-client relationship. ERISAPros, LLC is not a law firm and is not giving legal or tax advice. It does not warrant and is not responsible for errors or omissions in the content on its website or in its newsletters. ERISA is a complicated and confusing law. Summary Plan Descriptions (SPDs), Wrap Plan Documents, and Form 5500s require review and updating by qualified ERISA compliance professionals.


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