EBIA Weekly Newsletter

Personal Liability for COBRA Penalties Extends Only to ERISA Plan Administrators

   March 29, 2018

Abdelmassih v. Mitra QSR KNE LLC, 2018 WL 1083857 (E.D. Pa. 2018) Available at http://www.paed.uscourts.gov/documents/opinions/18D0146P.pdf A former employee sued his employer—and the company’s owners in their individual capacities—for (among other things) failing to provide a COBRA election notice upon termination of employment. The court allowed the claim to proceed against the employer but … Read More

Seventh Circuit: ERISA Does Not Preempt Slayer Statute; No Plan Benefit for Spouse Who Killed Participant

   March 29, 2018

Laborers’ Pension Fund v. Miscevic, 880 F.3d 927 (7th Cir. 2018) Available at http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D01-29/C:17-2022:J:Flaum:aut:T:fnOp:N:2098716:S:0 The Seventh Circuit has held that ERISA does not preempt the Illinois slayer statute. (In general, slayer statutes are state laws that treat murderers as having predeceased their victims so that they cannot gain from the crime.) A … Read More

Can Our Company Adopt a Health FSA Without Also Sponsoring a Major Medical Plan?

   March 29, 2018

QUESTION: Our company has only 35 employees and does not sponsor a major medical plan. Can we adopt a health FSA to help our employees pay for unreimbursed medical expenses with pre-tax salary reductions? If not, is another option available to us? ANSWER: Unfortunately, your company cannot sponsor a health FSA unless the FSA qualifies as an … Read More

Register Today for EBIA Webinars, Seminars, and Advanced Conference!

   March 22, 2018

EBIA webinars focus on key topics and current developments for employers, plan service providers, and their advisors. You’re just in time for our first-quarter update on March 28. Our intermediate-level seminars provide more in-depth coverage and live, in-person Q&A time—great for staff training! And this year’s EBIA Advanced Conference in Seattle celebrates our 20th anniversary! … Read More