EBIA Weekly Newsletter

Ninth Circuit: Plan Service Provider Not Subject to Fiduciary Duties When Negotiating Fees or Collecting Predetermined Compensation


   March 8, 2018

Santomenno v. Transamerica Life Ins. Co., 2018 WL 1022460 (9th Cir. 2018) Available at http://cdn.ca9.uscourts.gov/datastore/opinions/2018/02/23/16-56418.pdf The Ninth Circuit has rejected 401(k) plan participants’ claims that the plan’s investment provider breached its ERISA fiduciary duties when it chose its investment menu, negotiated its compensation for services, and collected the agreed-upon fees from … Read More


What Notice Is Required If Our Plan Stops Covering Contraceptives?


   March 8, 2018

QUESTION: Our business intends to stop covering certain contraceptive services under the company’s ERISA-covered health plan as soon as possible. The owners have strongly held religious beliefs against contraception and have been using the accommodation process whereby the insurer has provided contraceptive coverage to participants and beneficiaries outside of the group health plan. The owners … Read More


Register Now for EBIA Seminars, Webinars, and Conference!


   March 1, 2018

Register today for full- and half-day intermediate-level seminars on ERISA, the ACA, cafeteria plans, HRAs & HSAs, wellness programs, HIPAA, and COBRA. Join us in Boston, Minneapolis, Seattle, Dallas, or Chicago. And see below for our next live webinars and our advanced conference in Seattle. For more information or to register, … Read More


Second Circuit: Title VII Prohibits Sexual Orientation Discrimination


   March 1, 2018

Zarda v. Altitude Express, Inc., 2018 WL 1040820 (2nd Cir. 2018) Available at http://www.ca2.uscourts.gov/decisions/isysquery/c636b31a-3354-46f2-a9ff-a6c531043e7c/1/doc/15-3775_complete_enbanc_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/c636b31a-3354-46f2-a9ff-a6c531043e7c/1/hilite/ The Second Circuit has become the second federal appeals court to conclude that Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin, also prohibits … Read More