EBIA Weekly Newsletter

Fourth Circuit Agrees: Fiduciaries’ Faulty Process for Eliminating Stock Funds Did Not Cause Plan’s Losses


   May 11, 2017

Tatum v. RJR Pension Inv. Comm., 2017 WL 1531578 (4th Cir. 2017) Available at http://www.ca4.uscourts.gov/Opinions/Published/161293.P.pdf The Fourth Circuit has issued a third opinion in this long-running litigation over stock funds that were liquidated at a substantial loss. The case was brought by a 401(k) plan participant who claimed that the plan’s sponsor and … Read More


What Are the HIPAA Breach Notification Requirements Following a Ransomware Attack?


   May 11, 2017

QUESTION: Our company, which sponsors a self-insured health plan for our employees, was recently the target of a ransomware attack affecting the availability of certain health plan files. As plan administrator, do we have HIPAA breach notification obligations? ANSWER: Possibly. To determine your obligations, you will need to conduct a thorough investigation of the incident … Read More


Compliance at Your Fingertips: EBIA’s Benefits Compliance Library


   May 4, 2017

You can rely on EBIA to keep you up-to-date on the ever-changing compliance requirements for employee benefits. We provide expert analysis on a broad range of topics, with practical tips that will help you comply with the complex rules. Here are some of the latest enhancements to our ERISA and Group Health Plan Mandates publications: … Read More


IRS Information Letter Confirms That Health FSAs Cannot Reimburse Insurance Premiums


   May 4, 2017

IRS Information Letter 2017-0004 (Dec. 19, 2016) Available at https://www.irs.gov/pub/irs-wd/17-0004.pdf The IRS has issued an information letter confirming that health flexible spending arrangements (health FSAs) cannot reimburse premiums for Medicare or other health insurance. The letter responds to a health FSA participant’s request for information about the rules on submitting Medicare premium expenses … Read More


Substantial Increase in TPA’s Compensation Exposes TPA and Employer to Potential Fiduciary Liability


   May 4, 2017

Abraha v. Colonial Parking, Inc., 2017 WL 1052558 (D.D.C. 2017) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-dcd-1_16-cv-00680/pdf/USCOURTS-dcd-1_16-cv-00680-0.pdf A federal court has allowed ERISA claims to proceed against an employer and its health plan third-party administrator (TPA) after the TPA’s fees increased dramatically due to plan administration changes. According to the complaint filed by current and former employees, … Read More