EBIA Weekly Newsletter

Federal Court Approves $115 Million Settlement in Data-Breach Litigation


   September 6, 2018

In re Anthem, Inc. Data Breach Litigation, 2018 WL 3872788 (N.D. Cal. 2018) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-cand-5_15-md-02617/pdf/USCOURTS-cand-5_15-md-02617-53.pdf A federal court has approved a proposed $115 million class action settlement arising from a breach of protected health information (PHI) that was discovered in 2015 and affected more than 78 million individuals (see our Checkpoint Read More


Executive Order Calls for Expansion of Multiple Employer Retirement Plans, Less Burdensome Disclosures, and Lower Minimum Distributions


   September 6, 2018

Executive Order on Strengthening Retirement Security in America (Aug. 31, 2018); Fact Sheet: President Donald J. Trump is Strengthening Retirement Security for American Workers (Aug. 31, 2018) Executive Order Fact Sheet Expressing concern that regulatory burdens and complexity are keeping small businesses from providing retirement plan coverage … Read More


Court Defers to Plan Language in Denying 401(k) Eligibility to Distributors


   September 6, 2018

Ryan v. Flowers Foods, Inc., 2018 WL 3427878 (N.D. Ga. 2018) Distributors for a large baking company filed a class action suit alleging that the company improperly classified them as independent contractors for purposes of avoiding overtime obligations. In addition, the distributors claimed that the company violated ERISA by refusing to allow them to participate in … Read More


Can Participants Certify Electronically That They Satisfy All Requirements for a Hardship Distribution?


   September 6, 2018

QUESTION: When participants request hardship distributions under our 401(k) plan, we collect and store documents showing that the participant had one of the immediate and heavy financial needs that are deemed sufficient to permit a hardship distribution. Could we instead allow participants to certify their needs electronically? We already use self-certification to establish that the requested … Read More