Justice Sandra Day O'Connor delivered the opinion of the High Court that the Employee Retirement Income Security Act
requires both a procedure for amending a benefit plan and a procedure for identifying the persons having the authority to make such amendments.
Traditional tort suits against managed care entities, based on direct liability for acts or omissions in utilization management or vicarious liability for the acts of physicians in its provider network, have been limited in the past by the protection of the federal Employee Retirement Income Security Act
of 1974 (ERISA).
Under the Employee Retirement Income Security Act
of 1974, the federal law also known as ``Erisa'' which regulates traditional pensions and 401(k)-type retirement plans, companies are given broad protections from employee suits about investment returns if the investment choices in the plans are diversified.
CTNA's violation of those agreements is actionable under the Labor Management Relations Act ("LMRA) and the Employee Retirement Income Security Act
of 1974 ("ERISA").
Enforces the Employee Retirement Income Security Act
of 1974, which governs many employee-benefit plans, as well as the Health Insurance Portability and Accountability Act, which changed continuation coverage rules under COBRA.
Shumate, 504 US 753 (1992), the Supreme Court determined that an anti-alienation clause required for compliance with the Employee Retirement Income Security Act
of 1974 (ERISA) and tax qualification, and contained in the debtor's plan, was a restriction on transfer enforceable under "nonbankruptcy law" within the meaning of Section 541(c)(2).
This is because the Employee Retirement Income Security Act
of 1974 established that a taxpayer has a zero basis in a traditional IRA because no taxes were previously paid on either the contributions or earnings.
Given the complexities of the law, and the varying kinds of benefit plans and employment policies that firms and other companies have, it's wise to check with an Employee Retirement Income Security Act
authority or legal expert to be sure that any specific actions your firm or client takes are in compliance with USERRA.
The Employee Retirement Income Security Act
(ERISA), once a sacred cow, is now under intense scrutiny.
Specifically, the GGRA argues that the City's ordinance conflicts with the federal Employee Retirement Income Security Act
(ERISA), which sets national standards for pension and health plans in private industry.
VEBAs are subject to some Employee Retirement Income Security Act
of 1974 (ERISA) rules, but are not subject to the rules governing qualified plans.
In the 1980s, HMOs gained attention when Congress attached an HMO provision under the Employee Retirement Income Security Act