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Posts from March 2018.

What standard of review do courts use for the administrator’s interpretation of plan language and administrator’s factual determinations? The answer will depend on whether the plan document delegates discretion to the plan administrator. A court reviewing the denial of a claim of an ERISA plan that lawfully delegates discretionary ...

Generally, ERISA covers any plan, fund, or program that provides sickness, accident, or disability benefits. This would include all short term disability (STD) programs but for an exception that has been made regarding payroll practices. To determine whether a plan fits within this safe harbor exception, the label and intent of the employer are ...

Buried within last month’s Budget Bill were three changes that will be important to both plan participants and employers starting in 2019. Generally, the changes will make it easier for plan participants to acquire funds through a hardship withdrawal. The Bill does not mandate employers to make any changes, but employers might want to amend ...

The Tax Cuts & Jobs Act changed the way that certain IRS limits would be indexed.  One of the items that was changed was how the HSA contribution limits would be calculated.  The indexing change was effective when the Act was passed in December.  However, since the HSA contribution limits were already announced for 2018, most people (including myself ...

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