Here is a statistic worth noting: The number of people on Social Security Disability is at the highest point ever.
May 2013
Supplemental Life Benefits, Paid for by Employee, Governed by ERISA
By Mike Reilly on
Posted in ERISA
You know that many ERISA governed plans provide basic life insurance benefits.
But what happens when the plan offers employees the choice to purchase supplemental life insurance? If the employee pays the entire premium for the supplemental benefit, is that benefit still governed by ERISA?
Here’s the case of Cox v Reliance Standard Life Insurance…
6th Circuit: Plan Administrators are NOT Necessarily Required to Obtain Vocational Evidence or an IME Before Making their LTD Determinations
By Mike Reilly on
Posted in ERISA
Gabe Baker and Steve Jensen give a good analysis of this case.
In Judge v. Metropolitan Life Insurance Company [PDF], 710 F.3d 651 (6th Cir. 2013), the Sixth Circuit rejected plaintiff’s proposed bright-line rule requiring plan administrators to obtain vocational evidence and an IME before making their determination. However, those steps may be required…
Government Plans are Exempt from ERISA… But What is the Definition of “Government”?
By Mike Reilly on
Posted in ERISA
You already know that an employee benefit plan qualified as a “government plan” is exempt from ERISA’s framework.
But what is the definition of “government”? Some employers may not actually be government entities, and public private partnership may inject ERISA back into the framework.
This new case gives you the tests to apply to determine…
Converted Individual Disability Policies Governed by ERISA?
By Mike Reilly on
Posted in ERISA
You already know that an individual disability policy may nevertheless be governed by ERISA, even when the employee pays her own premium. This can occur when the employees benefit from a rate structure or premium discount the employer was able to negotiate in obtaining group benefits.
But does ERISA apply when the employee “converts” a…