TITLE

When is ERISA preemption permitted? Beneficiary designation forms can cause headaches for benefits administrators

AUTHOR(S)
Palmieri, Frank
PUB. DATE
May 2011
SOURCE
Employee Benefit News;May2011, Vol. 25 Issue 6, p50
SOURCE TYPE
Periodical
DOC. TYPE
Article
ABSTRACT
The article focuses on the U.S. Employee Retirement Income Security Act of 1974 (ERISA) preemption to an employee benefit plan. It states that the U.S. Supreme Court defined when ERISA preemption applies and determined the situations connected to an employee benefit plan. It mentions that the circuit courts have split decisions on whether the ERISA preemption should require benefits to be paid to the state or the state law doctrines will allow the designation of the beneficiaries to be honored.
ACCESSION #
61014484

 

Related Articles

  • Key Employee Benefits Issues Affecting Severance Arrangements. ROTHMAN, JASON A.; DREISS, AIMEE E. // Federal Lawyer;Aug2012, Vol. 59 Issue 7, p18 

    The article focuses on legal issues related to obligations and liabilities arising out of a terminated employment relationship and resulting severance arrangement and further discusses employee benefits issues in relation to the U.S. Employee Retirement Income Security Act of 1974. It further...

  • Ramifications of the Overturning of DOMA on Employee Benefit Plans. Johnson, Yana S. // Venulex Legal Summaries;2013 Q3, p1 

    The article examines the implications of the overturning of the Defense of Marriage Act (DOMA) for employee benefit plans in the U.S. It details the U.S. Supreme Court's decision on June 26, 2013 to overturn Section 3 of DOMA which required the federal government to deny married same-sex couples...

  • Can You Hear Me? Will the Diminishing Scope of ERISA's Anti-Retaliation Provision Drown the Cries of Whistleblowers? Kinsman, Malena // Penn State Law Review;2011, Vol. 115 Issue 3, p685 

    The article focuses on the application of whistleblower provision of the Employee Retirement Income Security Act (ERISA) of 1974 and presents information on the circuit courts' analysis on these provisions regarding protection to internal workplace complaints. It discusses the judgment of the...

  • SMALL BUSINESS OWNERS AND ERISA Protection. ZALL, MILT // Strategic Finance;Sep2004, Vol. 86 Issue 3, p55 

    The article considers a recent U.S. Supreme Court decision in Yates v. Hendon, regarding the legality of employer/owner inclusion in an employee retirement plan established under the Employee Retirement Income Security Act of 1974 (ERISA). The article explains the facts of the case, the case for...

  • LEGAL UPDATE.  // Benefits Quarterly;2012 Second Quarter, Vol. 28 Issue 2, p55 

    The article discusses various court cases involving employee benefits in the U.S. The Court of Appeals for the Third Circuit upheld the action of the employer to fulfill its fiduciary duty to its employees. The Fourth Circuit upheld the legality of a decision of MetLife to award benefits under...

  • That's a Wrap. Wand, Peter // HR Magazine;Jan2013, Vol. 58 Issue 1, p59 

    The article discusses issues related to employer compliance with the U.S. Employee Retirement Income Security Act (ERISA) regarding employee welfare benefit plans such as group health plans, dental plans, and flexible spending accounts. Requirements for the documentation and description of these...

  • GERONTOLOGY AND THE LAW: A SELECTED ANNOTATED BIBLIOGRAPHY: 2009-2011 UPDATE.  // Southern California Law Review;Nov2013, Vol. 86 Issue 6, p1389 

    A bibliography on the subjects of gerontology and the law is presented which includes the books "How to Protect Elders From Harm" by James T. O'Reilly, "ERISA: Principles of Employee Benefit Law" by Peter J. Weidenbeck, and "Legal Aspects of Elder Care" by Marshall B. Kapp.

  • Benefits 101: Understanding fundamental ERISA compliance.  // HR Specialist: Florida Employment Law;Apr2011, Vol. 6 Issue 4, p4 

    The article offers information on the compliance for the federal law called Employee Retirement Income Security Act of 1974 (ERISA). It discusses the role of ERISA in the administration of employee benefit plans which involves fiduciary duty by employers and participation of employees aging 21...

  • Understand your basic ERISA compliance requirements.  // HR Specialist: Compensation & Benefits;Apr2011, Vol. 6 Issue 4, p4 

    The article discusses the fundamental requirements for U.S. employers under the Employee Retirement Income Security Act of 1974 (ERISA). It says that compliance with ERISA involves three aspects namely, reporting, disclosure, and paying claims. It tackles the concept of fiduciary duty which...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sign out of this library

Other Topics