Monthly Archives: May 2008

Wisconsin Supreme Court Finds Denial of Health Benefits Arbitrary and Capricious, Lacking Specificity

Posted on May 29, 2008 by Administrator

Yesterday, the Wisconsin Supreme Court decided Summers v. Touchpoint Health Plan Inc., No. 2005AP2643 (May 28, 2008), affirming the Wisconsin Court of Appeals decision ordering the case remanded and the participant’s benefits in the Kimberly Clark health plan reinstated as … Continue reading →

Posted in Cafeteria Plans, Litigation | Leave a comment

ESOP not Sweet as Candy for Participants in U.S. Sugar ESOP

Posted on May 27, 2008 by Administrator

As the lawsuit against the U.S. Sugar ESOP proceeds in U.S. District Court for the Southern District of Florida, it continues to fascinate. Today, the International Herald Tribune is reporting that the company has announced employees owning shares through the … Continue reading →

Posted in ESOP, Litigation | 2 Comments

Boston College Creates Online Interactive Retirement Game

Posted on May 23, 2008 by Administrator

The Center for Retirement Research at Boston College has created an interactive retirement game, and posted it on their website. The game is called Get Rich Slow, and follows a fictional couple through several decades starting when they are in … Continue reading →

Posted in 401(k), fun | Leave a comment

In Conflict Between Plan Document and SPD, SPD Prevails to Participant’s Detriment

Posted on May 21, 2008 by Administrator

With most cases involving a conflict between the plan document and the Summary Plan Description (SPD), it is the plaintiff who is arguing that the language in the SPD should apply instead of the language in the plan document. Not … Continue reading →

Posted in Litigation | Leave a comment

Church 403(b) Plans, the Final 415 Regs, and Foreign Missionaries

Posted on May 21, 2008 by Administrator

Employee benefit plans involving churchs are fascinating because traditional employee plan concepts are a poor fit when it comes to church employees. With Church 403(b) plans caught in the intersection this year between the Final 403(b) Regulations, which may require … Continue reading →

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Convenient and Easy – DOL Provides Plan Information in an Electronic Booklet

Posted on May 20, 2008 by Administrator

Communicating with employees about the retirement plans available to them can be an exercise in boredom and frustration for everyone involved. The employee whose eyes are more glazed over than the donuts being served at the enrollment meeting will be … Continue reading →

Posted in DOL, Notices | Leave a comment

California Supreme Court’s Decision on Domestic Partnerships May Raise Some Plan Document Issues

Posted on May 16, 2008 by Administrator

Yesterday, in In re Marriage Cases, No. S147999 (May 15, 2008), the California Supreme Court addressed the issue of whether domestic partnership is the same as marriage. As framed by the Court, the issue they addressed in this decision is: … Continue reading →

Posted in Domestic Relations Order, Litigation, Plan Language | Leave a comment

Health Savings Account Limits Announced for 2009

Posted on May 13, 2008 by Administrator

The IRS released Revenue Procedure 2008-29, containing the 2009 inflation adjusted amounts determined under Code section 223(g) for Health Savings Accounts (HSAs). For calendar year 2009, the annual limitation is $3,000 for deductions under Code section 223(b)(2)(A) for an individual … Continue reading →

Posted in Cafeteria Plans | 1 Comment

DOL Working Group Ideas for Benefit Statements

Posted on May 13, 2008 by Administrator

The ERISA Advisory Council’s Working Group on Participant Benefit Statements has delivered it’s report to the Dept. of Labor. This working group was formed to study the Pension Protecion Act’s requirement that benefits statements are furnished to plan participants in … Continue reading →

Posted in Quarterly Benefit Statements 508 | 1 Comment

ERISA Pop Quiz

Posted on May 7, 2008 by Administrator

Here is a pretty good ERISA pop quiz written Barbara P. Pletcher of the law firm of Trucker Huss. In 5 questions, Ms. Pletcher covers a wide variety of ERISA topics. See if you can answer all 5 questions correctly. … Continue reading →

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