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


EBIA Has Incomparable Resources for HIPAA and ERISA Compliance


   August 17, 2017

You can count on EBIA to explain the evolving 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 highlights of what we’ve been working on to help you with your HIPAA and ERISA compliance … Read More


ACA Issues Persist in the Courts


   August 17, 2017

Franciscan Alliance, Inc. v. Price, No. 7:16-cv-00108-O (N.D. Tex., July 10, 2017); House v. Price, 2017 WL 3271445 (D.C. Cir., Aug. 1, 2017); Real Alternatives, Inc. v. HHS, 2017 WL 3324690 (3d Cir. 2017); Molina Healthcare v. U.S., 2017 WL 3326842 (Fed. Cl. Ct. 2017) From nondiscrimination to risk sharing, federal courts continue to rule … Read More