EBIA Weekly Newsletter

Form 5500 for 2017 Plan Year Released


   November 22, 2017

2017 Form 5500, Schedules, and Instructions Form 5500 Series News Release The DOL has released the 2017 Form 5500 series, including Form 5500-SF, Schedules, and Instructions. (As a reminder, these are advance information copies not for filing—with very limited exceptions, Form 5500 must be filed electronically.) Here … Read More


May Terminating Employees Elect COBRA Coverage for Domestic Partners?


   November 22, 2017

QUESTION: Our company will soon begin offering coverage under our health plan to employees’ domestic partners. What rights do domestic partners have under COBRA? May terminating employees elect to continue coverage for their domestic partners? ANSWER: A terminating employee who elects to continue health plan coverage under COBRA may also elect coverage for a domestic … Read More


Court Considers Whether Employee Who Refused Drug Test Was Terminated for Gross Misconduct for Purposes of COBRA


   November 16, 2017

Knight v. Gen. Telecom, Inc., 2017 WL 4280260 (N.D. Ala. 2017) A former employee sued his employer for (among other things) failing to provide a COBRA election notice. The employee argued that, although he had received a “release” stating that COBRA information could be obtained from the company’s chief financial officer, no proper election notice … Read More


Employer Acted as Insurer’s Agent in Failing to Obtain Evidence of Insurability; Insurer Responsible for Full Payout


   November 16, 2017

Salyers v. Metro. Life Ins. Co., 871 F.3d 934 (9th Cir. 2017) Available at http://cdn.ca9.uscourts.gov/datastore/opinions/2017/09/20/15-56371.pdf A participant in an employer-sponsored life insurance plan elected and paid premiums for $250,000 in life insurance coverage for her husband. When he died, the insurer paid only $30,000 to the participant, refusing to pay the … Read More