Improper Delegation of Authority Could Cost a Plan its Deferential Standard of Review

 GISUE MEHDI and MARY E. POWELL, December, 2018   The Employee Retirement Income Security Act (ERISA) gives participants and beneficiaries the right to have plan benefit denials reviewed in federal court. The court reviews a plan claims administrator’s benefit denial decision as “de novo” (looking at the facts anew and reaching its own decision, with no […]

Compliance Alert: Disaster Relief Guidance for Health Plans

GISUE MEHDI, November 2017   Since August, Hurricane Harvey hit Texas and Louisiana, followed by Irma in Florida and the Caribbean, and Hurricane Maria in Puerto Rico. In addition to the human tragedy, these hurricanes have caused significant disruptions to employer-sponsored health and welfare plans in the impacted regions. Employers will face challenges reaching and […]

Reasonableness Prevails: New IRS Procedure Allows Self-Certification for Late Rollovers

GISUE MEHDI, September 2016 Background In general, when a distribution from an individual retirement arrangement (“IRA”) or a retirement plan is paid directly to an individual, the individual has 60 days from the date on which he or she receives the distribution to roll it over to another plan or IRA, in order to qualify […]

What Plans and Plan Fiduciaries Need to Know about Montanile: Supreme Court Narrows ERISA Plan Reimbursement Rights

GISUE MEHDI, January 2016 On January 20, 2016, in a blow to ERISA plans and plan fiduciaries, the Supreme Court held in Montanile v. Bd. of Trustees of Nat. Elevator Indus. Health Ben. Plan, 2016 WL 228344, 577 U.S. __ (2016), that when a participant receives a settlement from a third-party for an injury and […]