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Topic: Employee Retirement Income Security Act


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In the News (Sun 15 Nov 09)

  
  Employee Retirement Income Security Act - Wikipedia, the free encyclopedia
In general, ERISA does not cover group health plans established or maintained by governmental entities, plans established by churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment, or disability laws.
ERISA does, on the other hand, require employers to provide some forms of benefits, such as joint and survivor annuities that allow married couples who have opted for such coverage to provide for continuing benefits to a surviving spouse, that plans might not have offered previously.
Employees and retirees who have been promised "lifetime" health benefits coverage may, on the other hand, be able to enforce such promises by suing the employer for breach of contract or by challenging the health benefits plan's right to change its plan documents to eliminate such benefits.
en.wikipedia.org /wiki/Employee_Retirement_Income_Security_Act   (751 words)

  
 Health Hippo: ERISA Primer
ERISA is a complex statute and this section is intended to provide a brief overview of the law, rather than a complete reference.
ERISA grants exclusive jurisdiction over claims to the federal courts, with the exception of actions to enforce the terms of the plan itself, for which state courts have concurrent jurisdiction.
ERISA's preemption clause has been broadly contstrued by the Supreme Court, which has found that a state law is preempted if it has a connection with or reference to an employee benefit plan.
hippo.findlaw.com /ERISA.html   (945 words)

  
 Compliance Assistance By Law - The Employee Retirement Income Security Act (ERISA)
ERISA requires plans to regularly provide participants with information about the plan including information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; requires accountability of plan fiduciaries; and gives participants the right to sue for benefits and breaches of fiduciary duty.
Employee Benefits Security Administration (EBSA) Compliance Assistance Portal - Assists employers and employee benefit plan officials in understanding and complying with the requirements of ERISA as it applies to the administration of employee pension and welfare benefit plans.
Employee Retirement Income Security Act of 1974 (ERISA) - Sets uniform minimum standards to ensure that employee benefit plans are established and maintained in a fair and financially sound manner.
www.dol.gov /dol/compliance/comp-erisa.htm   (603 words)

  
 National ERISA analysis, regulations, news, and tools
ERISA also incorporates and is tied to Internal Revenue Code (IRC) provisions designed to encourage employers to provide retirement and other benefits to their employees.
Because ERISA's fiduciary rules bar employers from using plan assets for their own benefit, DOL has issued regulations that define when employees' contributions to a benefit plan become plan assets, must no longer be in the employer's possession, and must be deposited into a plan account.
In top-heavy defined contribution plans, the contributions for non-key employees must be at least 3 percent of compensation or the same percentage as is allocated to the key employee receiving the highest percentage contribution.
hr.blr.com /article_list.cfm/Nav/1.39.149.0?source=MKD&effort=923   (9486 words)

  
 Exacerbating Inequities in Pension Benefits: An Analysis of The Pension Provisions in The Tax Bill -- 10/8/99
To promote retirement security and pension equity — and to boost national saving — pension policy reform should focus on expanding pensions for middle- and lower-income workers, groups with significantly lower rates of pension coverage than higher-income workers.
This definition of income is similar to that which CBO uses in its distributional analyses and that which Treasury uses when conducting distributional analyses based on cash income rather than family economic income.
Income limits on use of Roth IRAs raised to from $95,000-$110,000 to $100,000-$110,000 for singles and from $150,000-$160,000 to $200,000-$210,000 for married filers.
www.cbpp.org /10-8-99tax.htm   (6386 words)

  
 Employee Retirement Income Security Act - ERISA
The Employee Retirement Income Security Act of 1974 (ERISA) protects the retirement assets of Americans, by implementing rules that qualified plans must follow to ensure that plan fiduciaries do not misuse plan assets.
ERISA generally defines a fiduciary as anyone who exercises discretionary authority or control over a plan's management or assets, including anyone who provides investment advice to the plan.
This act was enacted to address irregularities in the administration of certain large pension plans -- particularly the Teamsters Pension Fund, which had a rather colorful history involving questionable loans to certain Las Vegas casinos.
baystreet.investopedia.com /terms/e/erisa.asp   (276 words)

  
 Employee Retirement Income Security Act (ERISA): the requirements, exemptions, definitions, legal issues, remedies and ...
Employee Retirement Income Security Act (ERISA): the requirements, exemptions, definitions, legal issues, remedies and damages.
ERISA does not require employers to provide benefits outside those required by other laws, such as workers' compensation, unemployment insurance, or disability insurance.
These duties include the requirement that all decisions concerning the plan are made solely in the best interests of the plan participants, that the decision-maker exercise the diligence and care of a "prudent person" given all circumstances, and that the only purpose of the plan is to provide benefits to the participants.
www.tennesseeemploymentlawcenter.com /erisa.html   (645 words)

  
 About Pensions and the Employee Retirement Income Security Act (ERISA)
Each employee does not have a separate account in these programs, as the money to support the pensions is generally administered through a trust established by the employer.
ERISA requires that employers provide both the Labor Department and its employees with detailed descriptions of the benefits they are to receive.
It also outlines which employees must receive a pension if they are offered and requires that a percentage of the retirement benefits become vested in the employees after they have worked for a given number of years and/or have reached a given age.
www.chrysalisipc.com   (416 words)

  
 The Age Discrimination in Employment Act of 1967   (Site not responding. Last check: 2007-11-03)
An employer, employment agency, or labor organization acting under subparagraph (A), or under clause (i) or (ii) of subparagraph (B), shall have the burden of proving that such actions are lawful in any civil enforcement proceeding brought under this chapter; or (3) to discharge or otherwise discipline an individual for good cause.
Any act prohibited under section 623 of this title [section 4] shall be deemed to be a prohibited act under section 215 of this title [sec tion 15 of the Fair Labor Standards Act of 1938, as amended].
However, the Civil Rights Act of 1991 now provides special procedures for such persons who feel they are victims of age and other types of discrimination prohibited by EEOC enforced statutes.
www.eeoc.gov /policy/adea.html   (2844 words)

  
 Employee Retirement Income Security Act
In 1974 Congress enacted the Employee Retirement Income Security Act (ERISA).
ERISA's main purpose was to protect workers who had worked for substantial periods under pension plans.
ERISA's provisions are set out in the Labor and Tax Codes.
www.qdro.pair.com /erisa.htm   (366 words)

  
 Compliance Assistance Main Page
ERISA Filing Acceptance System (EFAST) - FAQs to assist with the computerized processing system that is designed to simplify and expedite the receipt and processing of the Form 5500 and Form 5500-EZ.
ERISA Reporting Forms 5500/5500 EZ - The Form 5500 Series is part of ERISA's reporting and disclosure framework, which is intended to assure that employee benefit plans are operated and managed in accordance with prescribed standards.
ERISA Procedure 76-1: Filing Requests for Advisory Opinions/Information Letters - This ERISA procedure describes the general procedures of the department in issuing information letters and advisory opinions under the Act.
www.dol.gov /ebsa/compliance_assistance.html   (3167 words)

  
 Workplace Flexibility 2010: Employee Retirement Income Security Act (ERISA)
The Employee Retirement Income Security Act (“ERISA”) is a federal law that sets standards for private employers when they choose to provide benefits like pension plans or health insurance to their employees.
ERISA sets some standards for plan participation and benefit requirements, imposes fiduciary responsibility on employers, and establishes rules for the enforcement of employee rights.
ERISA also includes standards for continuation of healthcare coverage under certain circumstances when employment is terminated (under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)) and standards for health plan portability and access rules (under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)).
www.law.georgetown.edu /workplaceflexibility2010/law/erisa.cfm   (246 words)

  
 [No title]   (Site not responding. Last check: 2007-11-03)
ERISA sets standards for administering these plans, including a requirement that financial and other information be disclosed to plan participants and beneficiaries and requirements for the processing of claims for benefits under the plans.
Although some employee benefit plans are not covered by the Act (such as church or government plans, etc.), if you are one of the millions of participants and beneficiaries in employee benefit plans that fall under the Act's protection, you have certain rights if your claim for benefits is denied.
Some employee welfare benefit plans may require you to file a claim or notify the plan administrator immediately when you enter a hospital or see a doctor.
www.pueblo.gsa.gov /cic_text/employ/claimben/claimben.txt   (1089 words)

  
 ERISA in the United States Code: Cross-reference table, table of contents (detailed)
When the Employee Retirement Income Security Act ("ERISA" or "the Act") became law in 1974, it was codified as part of Title 29 of the United States Code.
The following table shows the ERISA sections and their corresponding Title 29 section numbers, as Title 29 was in effect in January of 1999.
Security for waivers of minimum funding standard and extensions of amortization period.
www.benefitslink.com /erisa/crossreference.shtml   (2450 words)

  
 A Flood of Litigation?
ERISA regulates health and pension plans at the federal level and preempts state regulation of these plans so that companies operating in multiple states face a uniform set of requirements and are free from the burden of complying with different regulations in each state of operation.
ERISA specifically provides that a state law is preempted if it "relates to" an employee benefit plan and is not "saved" from preemption by falling within a traditional domain of state regulation, specifically insurance, banking, or securities.
Courts have allowed ERISA plans to be held "vicariously" liable for the malpractice of affiliated physicians;[10] actions have also proceeded against plans for negligent selection and monitoring of their medical personnel.
www.rand.org /publications/IP/IP184   (12687 words)

  
 USATODAY.com - Patients' fight for right to sue insurers goes to top court   (Site not responding. Last check: 2007-11-03)
But those state laws don't cover employees who get their insurance through their employers — and there are more than 131 million Americans who do.
That's because those employees are generally covered by a 1974 pension law called the Employee Retirement Income Security Act (ERISA).
ERISA has generally been interpreted as removing health insurance plans provided by employers from state control.
www.usatoday.com /money/workplace/2004-03-21-erisa_x.htm   (1190 words)

  
 employee retirement income security act of 1974 erisa   (Site not responding. Last check: 2007-11-03)
Employee Retirement Income Security Act In 1974 Congress enacted the Employee Retirement Income Security Act (ERISA...
ERISA (Employee Retirement Income Security Act of 1974) Federal law passed in 1974 that regulates the establishment...
The implications of the change in the legal status of private pension fund administrators are analyzed by modeling and analyzing the decision problem faced by the fiduciary and nonfiduciary agent.
www.getretirementinfo.com /38/employee-retirement-income-security-act-of-1974-erisa.html   (722 words)

  
 DAVE & BUSTERS INC - DAB Unscheduled Material Events (8-K) ERISA. The Employee Retirement Income Security Act of 1974.
Any employee pension benefit plan within the meaning of §3(2) of ERISA maintained or contributed to by any Borrower or any ERISA Affiliate the benefits of which are guaranteed on termination in full or in part by the PBGC pursuant to Title IV of ERISA, other than a Multiemployer Plan.
Securities which may not be underwritten or dealt in by member banks of the Federal Reserve System under Section 16 of the Banking Act of 1993 (12 U.S.C. §24, Seventh), as amended.
The Second Amended and Restated Securities Pledge Agreement, dated or to be dated on or prior to the Closing Date, among certain of the Borrowers and the Agent, and in form and substance satisfactory to the Lenders and the Agent.
sec.edgar-online.com /2004/11/05/0001299933-04-001626/section8.asp   (6063 words)

  
 Employment Law Information Network: ERISA Summary   (Site not responding. Last check: 2007-11-03)
Pension plans provide retirement income or are intended to defer income until termination of covered employment or beyond.
ERISA sets uniform minimum standards to assure that employee benefit plans are established and maintained in a fair and financially sound manner.
In general, ERISA does not cover plans established or maintained by governmental entities or churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws.
www.elinfonet.com /ERISAsum.php   (1072 words)

  
 Encyclopedia: Employee Retirement Income Security Act   (Site not responding. Last check: 2007-11-03)
Jump to: navigation, search A Health Maintenance Organization (HMO) is a type of Managed Care Organization (MCO) that provides a form of health insurance coverage in the United States that is fulfilled through hospitals, doctors, and other providers with which the HMO has a contract.
The Act allows both workers and their immediate family members who had been covered by a health care plan to maintain their coverage if a qualifying event causes them to lose coverage.
A fiduciary is a person who occupies a position of trust in relation to someone else such that he is required to act for the latters benefit within the scope of that relationship.
www.nationmaster.com /encyclopedia/Employee-Retirement-Income-Security-Act   (1042 words)

  
 The Employee Retirement Income Security Act (ERISA)   (Site not responding. Last check: 2007-11-03)
ERISA was enacted in 1974 to give the federal government regulatory power over pension and other benefit plans offered to employees by their employers.
Because employers often provide employees with health care plans under the terms of employment, ERISA applies to most people who obtain their health coverage through their jobs.
These suits are based on a novel interpretation of ERISA that attempts to expand the law by inventing a new disclosure obligation Congress never included.
www.aetna.com /legal_issues/background/erisa5_25.html   (305 words)

  
 Holme Roberts & Owen LLP   (Site not responding. Last check: 2007-11-03)
Enactment of the Employee Retirement Income Security Act of 1974 (ERISA) and the increasing complexity of the law regulating employee benefits spawned a practice dedicated to serving you and keeping you informed of the tax, labor and business aspects of compensating and providing welfare and retirement benefits to executives and other employees.
On a periodic basis, all entities with employees require advice and assistance with ERISA and the other laws and regulations affecting employee benefits.
The employee benefits practice group represents a diverse group of clients that range in size from small emerging businesses to large, publicly traded, multi-national corporations.
www.hro.com /practice_areas.cfm?group=6   (383 words)

  
 Section 2 -- Definitions; Promotion of Efficiency, Competition, and Capital Formation   (Site not responding. Last check: 2007-11-03)
The term "person" means an individual, a corporation, a partnership, an association, a joint-stock company, a trust, any unincorporated organization, or a government or political subdivision thereof.
Any security given or delivered with, or as a bonus on account of, any purchase of securities or any other thing, shall be conclusively presumed to constitute a part of the subject of such purchase and to have been offered and sold for value.
Any offer or sale of a security futures product by or on behalf of the issuer of the securities underlying the security futures product, an affiliate of the issuer, or an underwriter, shall constitute a contract for sale of, sale of, offer for sale, or offer to sell the underlying securities.
www.law.uc.edu /CCL/33Act/sec2.html   (780 words)

  
 To amend title I of the Employee Retirement Income Security Act of 1974 ...
EXEMPTION FROM ERISA PREEMPTION FOR STATE CAUSES OF ACTION IN Section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)) is amended--
`(9) Subsection (a) shall not be construed to preclude, in the case of an employee welfare benefit plan providing benefits in the event of disability, any cause of action in tort under State law to recover damages arising from the failure of such plan to timely provide such benefits.'.
The amendments made by this Act shall apply with respect to failures occurring on or after the date of the enactment of this Act.
www.theorator.com /bills107/hr1104.html   (166 words)

  
 Hecm Loans at Reverseamortgageonline.Biz   (Site not responding. Last check: 2007-11-03)
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www.reverseamortgageonline.biz /HECM_LOANS.htm   (718 words)

  
 The Employee Retirement Income Security Act of 1974   (Site not responding. Last check: 2007-11-03)
The Employee Retirement Income Security Act of 1974 (ERISA) changed the legal status of private pension plan administrators from that of nonfiduciary agents of the sponsoring firm to that of fiduciaries whose main responsibility is to plan beneficiaries.
The change from nonfiduciary to fiduciary agents could have inadvertently caused plan administrators to adopt investment strategies that are unduly conservative and not necessarily in the best interests of sponsoring firms or beneficiaries.
By altering the incentive structure within which private pension fund administrators must operate, ERISA may have increased public confidence in the plans, but at a cost.
www.sbm.temple.edu /~jvanderh/employee_retirement_income_secur.htm   (160 words)

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