ERISA Blog

Related Practice Areas: ERISA & Employee Benefits

• Considerations for Due Diligence and Monitoring Benefit Plan Claims Administrators
  Posted February 15, 2010
  

  Author: Tod D. Yeslow

  Being that the delegation of the discretionary function of claims processing is a fiduciary act, plan fiduciaries are responsible to routinely monitor their third party claims administrator’s processes and performances and make the affirmative determination …

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• LOUDER RUMBLINGS OF A SECOND EXTENSION OF THE COBRA SUBSIDY
  Posted February 3, 2010
  

  Author: Tod D. Yeslow

  It is reported that on Monday the Obama administration proposed that the federal COBRA health insurance premium subsidies would be further extended; with speculation that it would be extended to employees who are involuntarily terminated through …

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• 10th CIRCUIT FINDS THAT ERISA PREEMPTS UTAH STATE INSURANCE LAW
  Posted January 28, 2010
  

  Author: Tod D. Yeslow

  The Tenth Circuit Court of Appeals applies Supreme Court tests established in Firestone and Kentucky Ass’n of Health Plans to preempt a Utah insurance law and apply the arbitrary and capricious standard of review of a …

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• COBRA COVERAGE SUBSIDY IS EXTENDED
  Posted January 25, 2010
  

  Author: Tod D. Yeslow

  The federal subsidy for COBRA continuation coverage is now extended to employees who lose group health plan coverage because of an involuntary separation of employment between December 31, 2009, and February 28, 2010.

  The maximum period of …

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• COBRA SUBSIDY – TAX CREDIT
  Posted
  

  Author: Tod D. Yeslow

  The IRS has provided guidance on taking an employment tax credit equal to the 65% COBRA subsidy paid on behalf of a former employee who is receiving a COBRA subsidy. Under the American Recovery and Reinvestment …

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• EFFECTIVE JANUARY 1, 2010, THE INTERNAL REVENUE SERVICE ESTABLISHES THE MANNER AND METHOD FOR THE PAYMENT OF EXCISE TAXES FOR CERTAIN UNCORRECTED OPERATIONAL FAILURES UNDER GROUP HEALTH PLANS, HSAS, AND ARCHER MSAS
  Posted
  

  Author: Tod D. Yeslow

  In a recently issued Treasury Regulation, the Internal Revenue Service issued rules effective January 1, 2010, for the reporting and paying of excise taxes imposed for certain violations under group health plans, Health Savings Accounts, and …

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