Automatic rollover rulesBy Richard F. SkweresMarch 2005Many retirement plans have rules that provide for automatic distributions to terminated participants or beneficiaries when the benefits are less than $5,000.
Federal caselaw updateBy David R. ShannonJune 2005The National Pension Lawyers Network, which is administered by the Pension Action Center at the University of Massachusetts (Gerontology Institute), provides referrals to employee benefits lawyers.
Federal caselaw updateBy David R. ShannonMarch 2005"Sandbagging": LTD claimant was not provided access to independent medical examiner's report, which served as basis of denial of benefits, until after plan's decision.
Regulatory update: IllinoisDecember 2005Does ERISA preempt this regulation? In Nickola v. CNA Group Life Assurance Co., 2005 WL 1910905 (N.D. Ill. 8/5/2005), the court declined to address the preemption issue (as to the same proposed regulation) because even if the arbitrary and capricious standard applied, “Defendant’s process and analysis in terminating Plaintiff’s long-term disability benefits is so defective that it fails arbitrary and capricious review.”
Senate and House DB funding reform alternativesBy Michael Barry & Brian DonohueSeptember 2005(Notice to librarians: The following issues were published in Volume 23 of this newsletter during the fiscal year ending June 30, 2005: September, No. 1; December, No. 2; March, No. 3; June, No. 4).