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Handling qualified domestic relations orders can be difficult in the best of times for retirement plan administrators. However, when a divorced participant or beneficiary seeks to change or maintain pension survivorship rights with a domestic relations order, determining the rightful beneficiary can become even more complex. Two recent federal court decisions indicate that case […]
Defined contribution plan participants who take out plan loans are more likely saving at a lower contribution rate than most, and are not likely to repay the loan when they leave their employer. This according to a new report based on research from New York Life Retirement Plan Services’ DC data. With those factors in […]
Employers still have to contend with plenty of uncertainty regarding employees’ same-gender spouses, regardless of the U.S. Supreme Court ruling in U.S. v. Windsor (No. 12-307, June 26, 2013). That decision may have declared Section 3 of the federal Defense of Marriage Act unconstitutional, but it was a narrow ruling that left divergent state laws […]
Employers in California need to adjust their benefit plans, plan documents, and corporate and human resources policies to accommodate employees’ same-sex spouses. The 9th U.S. Circuit Court of Appeals on June 28 lifted its stay on an injunction against enforcing Proposition 8, which had amended the California state constitution to define marriage as occurring between […]
A large employer was socked with $1.85 million in COBRA notice penalties, plus still-to-be determined attorney’s fees, for neglecting its duty as plan administrator to ensure that COBRA election notices were sent on a timely basis. The company’s negligence occurred over several years, affecting hundreds of former employees who participated in a class action lawsuit. […]
As a result of the U.S. Supreme Court rulings on same-sex marriage, employers throughout the United States will have to adjust their benefits plans, policies and documents to accommodate employees’ same-sex spouses for purposes of federal law and regulations. California employers will need to do the same for purposes of state law. On June 26, […]
Employers wanting to get an early start on providing a required notice to employees of coverage options under health insurance exchanges just got some help from the federal government. On May 8, the U.S. Department of Labor issued a model notice for employers may use now — but must use beginning Oct. 1, 2013. The […]
On April 23, a federal district court in Alabama gave final approval to a settlement agreement under which an employer and plan administrator will pay $1.3 million to a group of former employees who alleged they never received COBRA election or premium subsidy information after their involuntary termination of employment. The case is Hornsby v. […]
In rejecting a qualified beneficiary’s attempt to increase a nearly $3,000 COBRA notice penalty, the 3rd U.S. Circuit Court of Appeals noted that the employer/plan administrator’s efforts to remedy the violation did not warrant any higher award. The court also rejected the individual’s request for the reimbursement of medical expenses and attorney’s fees. But in […]
An employer/plan administrator that tried to make good on a COBRA administrative error got more reinforcement that its efforts greatly minimized its legal liability. The 8th U.S. Circuit Court of Appeals affirmed the fact that the aggrieved qualified beneficiary received two years of free health coverage effectively cancelled out any need to impose penalties for […]