It should be noted, though, that when ERISA passed, the courts didn't view the clauses as favorably as they do today.
Opponents of the clauses point out that Congress intended to protect participants by giving them three forum options and that legislators could have added language to ERISA's venue provision to allow the clauses.
Litigation Damages and Remedies: Exploring the Nooks and Crannies
implications in health insurance law, and finally why ERISA
is also an avid reader and enjoys passing time playing tower defense games on her computer.
Section 204(h) requires participants and alternate payees to be notified, within a reasonable period of time, before the effective date of an amendment that provides for a significant reduction in benefit accrual.
The Supreme Court ruling comes after current and former employees of three hospital chains--Dignity Health, Advocate Health Care, and Saint Peter's Healthcare System--sued their employers in an effort to make them comply with ERISA
. The employees argued that pension plans established by the large health care providers should not fall under ERISA
's "church plan" exception because the plans were not established by churches.
A week ago, the Supreme Court held that ERISA
does protect self-insured plans against conflicting state rules in a 6-2 decision on the Gobeille case.
Prior to Templin, it was difficult for an ERISA
claimant to prevail on a claim for attorney's fees if the case settled early in the litigation process.
In other words, as the plan advisor, a deep understanding of ERISA
is less important as long as you help your client:
Unfortunately, however, most federal courts permit ERISA