Pursuant to ERISA, a federal law that governs employee insurance benefits provided by private employers, plan administrators have an obligation to provide plan documents when an employee becomes covered by an insurance plan or upon written request. If the plan administrator – usually the employer – fails to provide these documents, then the plan administrator could be liable for penalties. …
The Employee Retirement Income Security Act is a federal law that governs claims for benefits under most insurance plans sponsored by private employers. ERISA provides a cause of action for the denial of benefits in 29 U.S.C. § 1132(a)(1)(B). It also provides for a cause of action for breach of fiduciary duty in 29 U.S.C § 1132(a)(3). The latter provision …
In a recent decision dated May 25, 2022, Judge Brian A. Jackson of the U.S. District Court for the Middle District of Louisiana entered a default judgment in favor of Plaintiff Baton Rouge Sheet Metal Workers’ Union #21 Pension Fund in a suit against a woman who accepted pension funds not owed to her. Judge Jackson is an appointee of …
Published by The Pellegrin Firm November 1, 2021
Judge Oldham argues that the Fifth Circuit has strayed from the Supreme Court’s instructions, and that law, logic, and history cannot square the legislative purposes of ERISA with the Fifth Circuit’s deferential review of benefit determinations (at least those in which the plan gives discretionary authority to the claim administrator).