EBIA Weekly Newsletter

Ninth Circuit: California Law Voiding Discretionary Clauses is Preempted as to Self-Insured Plans


   August 24, 2017

Williby v. Aetna Life Ins. Co., 2017 WL 3482390 (9th Cir. 2017) Available at http://cdn.ca9.uscourts.gov/datastore/opinions/2017/08/15/15-56394.pdf The Ninth Circuit has again considered a California law barring enforcement of discretionary clauses for certain types of benefit coverage, ruling this time that it does not apply to self-insured arrangements. A participant sued after benefits … Read More


Seventh Circuit Confirms: No Age Discrimination Claims for Rehired Retirees Terminated to Preserve Health Plan’s Retiree-Only Status


   August 24, 2017

Carson v. Lake County, Ind., 2017 WL 3160702 (7th Cir. 2017) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-ca7-16-03665/pdf/USCOURTS-ca7-16-03665-0.pdf A federal appeals court has confirmed that age discrimination claims were not available for a group of rehired retirees whose reemployment was terminated to preserve the status of the employer’s retiree health plan as a retiree-only excepted … Read More


IRS Seeks Input for Video on Pre-Approved Plan Program Changes; Provides Podcast and Transcript on Safe Harbor Hardship Substantiation


   August 24, 2017

IRS Newsletters: Employee Plans News (July 19, 2017) and (Aug. 15, 2017) The IRS has recently released two issues of Employee Plans News with information on pre-approved plan program changes and safe harbor hardship substantiation. Here are highlights of interest to 401(k) plan sponsors and their advisors: Suggestions Requested for Video Presentation About Pre-Approved Plan … Read More


What Is the Difference Between a Grandfathered and a Grandmothered Health Plan?


   August 24, 2017

QUESTION: Our company sponsors a group health plan, which is grandfathered for purposes of the Affordable Care Act. We’ve been reading about grandmothered health plans. How are these plans different from grandfathered health plans? ANSWER: “Grandfathered plans” are group health plans (or health insurance coverage) that were in existence on March 23, 2010, and have … Read More