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ERISA Watch – Third Circuit Upholds Retirement Plan Administrator’s Interpretation of “Ambiguous” Plan Terms

What do you do when a 277-page retirement plan fails to explicitly address a retiree’s specific situation?  You give deference to the plan administrator’s reasonable interpretation of ambiguous plan terms. …

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ERISA Watch – The ACA Does Not Prohibit Lifetime Benefit Maximum for Certain Retiree-only Health Plans

This week’s notable decision, King v. Blue Cross & Blue Shield of Illinois, No. 15-55880, __F.3d__, 2017 WL 3928339 (9th Cir. Sept. 8, 2017), involves a claim for unpaid medical…

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ERISA Watch – Eleventh Circuit Rules that Healthy Pregnancy Is Not a Pre-Existing Condition for Disability Caused By Stroke

Happy Labor Day!  This was quite a busy week for ERISA decisions.  It seems as though the courts wanted to go into the long three-day weekend with a lighter caseload…

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ERISA Watch – Self-funded Medical Plan Can Enforce Subrogation Interest in Wrongful-Death Settlement

This week’s notable decision, Mackey v. Johnson, No. 16-1886, __F.3d__, 2017 WL 3595504 (8th Cir. Aug. 22, 2017), is a coup for self-funded medical plans and terrible precedent for the…

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ERISA Watch – ERISA Preempts California’s Ban on Discretionary Clauses As it applies to Self-Funded Disability Plans

This week’s notable decision is the Ninth Circuit’s decision in Williby v. Aetna Life Ins. Co., No. 15-56394, __F.3d__, 2017 WL 3482390 (9th Cir. Aug. 15, 2017).  In this case,…

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ERISA Watch – Seventh Circuit Validates ERISA Plan’s Forum Selection Clause

To sue or not to sue, where is the venue?  The Seventh Circuit Court of Appeals says it is wherever the employee benefit plan says it is.  In In re…

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