Benefits/ERISA

172 ABA Journal articles on Benefits/ERISA.

Pension plans created by church-affiliated groups get ERISA exemption, SCOTUS rules

Pension plans established by church-affiliated groups are not subject to the Employee Retirement Income Security Act, the U.S. Supreme Court ruled on Monday.

Justice Elena Kagan wrote the unanimous

New online resource and tool helps veterans appeal denial of benefits

Veterans looking to appeal denials of benefits will have a new tool in their arsenal.

A Friday post from Robert Ambrogi of LawSites that the Veterans Consortium Pro Bono…

Legal aid spending has a seven-fold economic impact, Florida study finds

Every dollar spent on civil legal aid for low-income Florida residents creates $7 in economic impact, according to a study released Thursday.

The study, commissioned by the Florida Bar Foundation,…

Feds can apply convicted judge’s pension to his $2.9M restitution, court rules

At least 25 percent of a convicted former Nevada judge’s more than $10,000-a-month pension can be applied to his $2.9 million restitution, a federal judge in Las Vegas ruled from…

Ex-employee sues over Yahoo worker rating system, says it does end run around WARN requirements

A former Yahoo Inc. editor has filed a federal lawsuit against the company, alleging that a quarterly performance review system that ranks all company workers on a scale of 1…

Brace for more litigation based on feds’ new joint employment guidance, labor lawyers tell companies

Businesses should brace for more wage and benefits litigation, based on new guidance from the U.S. Department of Labor concerning the definition of joint employment, experts say.

Although the…

Little-known hospital billing practice can nix Medicare coverage of later nursing-home stay

Under rules implementing the Affordable Care Act, hospitals can be penalized if too many patients return for further treatment within 30 days of being discharged.

So, to avoid the penalty,…

Appeals court restores $4.9K monthly pension of imprisoned former Penn State football coach

A Pennsylvania appeals court has restored the $4,900-per-month pension of a former Pennsylvania State University assistant football coach who is now serving a hefty prison term for sexually abusing minors.

Cases under review after ‘hero’ police officer was found to have staged his own suicide

Initially hailed as a fallen hero who was gunned down on duty in suburban Chicago, an Illinois police officer has since been found to have shot himself to death in…

Insurance coverage denials not unusual when illegal behavior is alleged, but not proven

Monroe Bird III had health insurance when he was shot by an apartment complex security guard, in Tulsa, Oklahoma. But his coverage was denied based on his alleged activities that…

Federal Circuit: US must pay attorney’s fee to lawyer who took veteran’s case 20 years ago

Nearly 20 years after he agreed to represent a U.S. military veteran in a disability case, a Maine lawyer has gotten a definitive answer about his 20-percent contingent attorney fee.

9th Circuit: In ERISA case where appeal period ended on a Saturday, filing deadline becomes Monday

Saying that a rule often applied to court filing deadlines also makes sense in administrative ERISA matters, a federal appeals court Thursday revived a former FedEx worker’s disability benefits case.

Illinois state pension law declared unconstitutional

A landmark state pension law was declared unconstitutional Friday by the Illinois Supreme Court.

Justice Lloyd Karmeier, writing for a unanimous court, said the law violated a provision of the…

Midwest law firm wins record $62M settlement from Lockheed in suit over 401(k) fees

Lockheed Martin Corp. has agreed to pay $62 million to settle a federal lawsuit by a St. Louis law firm contending that it charged excessive fees and in its 401(k)…

McDonald’s sued by former employees over ‘racist’ franchise in Virginia

Ten former employees of a McDonald’s franchisee in Virginia are suing the company over allegations of racism, sexual harassment and wrongful termination at three of its Virginia restaurants.

The lawsuit,…

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