EBIA Weekly Newsletter

No Breach of Fiduciary Duty for Health Plan TPA That Overpaid Claims for Participant Eligible for ESRD-Based Medicare


   April 5, 2018

Birmingham Plumbers and Steamfitters Local Union No. 91 Health and Welfare Trust Fund v. Blue Cross Blue Shield of Alabama, 2018 WL 1210930 (N.D. Ala. 2018) A union’s health trust fund sued its TPA, claiming that the TPA breached its fiduciary duties under ERISA and its contractual duties under an administrative services agreement (ASA) by … Read More


What Are the Benefit Statement Requirements for Our Self-Directed 401(k) Plan?


   April 5, 2018

QUESTION: Our 401(k) plan allows participants to direct the investment of their accounts by selecting from a menu of investment options. What kind of benefit statements are we required to provide, and how often? ANSWER: ERISA § 105(a) requires plan administrators to provide quarterly benefit statements to participants and beneficiaries who have the right to … Read More


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