Reporting & Disclosure

Foundation Publication Search Results

These summaries were compiled from Foundation Publications Search, a database of articles, research reports and books published by the International Foundation and the International Society of Certified Employee Benefit Specialists.


Anatomy of a Benefit Appeal: Best Practices for Plan Sponsors.
Brice, Daniel R.; Benefits Magazine; v54 no9 pp 14-21 Sep 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Having the proper procedures in place for responding to benefit appeals can help health and pension plan sponsors avoid breaching their fiduciary duties and prevent expensive litigation.
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Claims for Excessive Plan Fees to Proceed.
Benefits Magazine; v54 no8 pp 52, 54 Aug 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the District of Columbia permits the plaintiff welfare plan employees to proceed with their lawsuit against the defendant parking company and third-party administrator for charging excessive plan fees in violation of their fiduciary duties.
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Claims Time-Barred Due to Actual Knowledge.
Benefits Magazine; v54 no8 p 58 Aug 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Northern District of California determines that the plaintiff former employees' claims against the defendant computer company for imprudent investments and inadequate disclosures were time-barred under the statute-of-limitations provisions for fiduciary matters under the Employee Retirement Income Security Act of 1974 (ERISA).
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Clear Language Supports Cuts to Retiree Health Benefits.
Benefits Magazine; v54 no8 pp 48, 50 Aug 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. Court of Appeals for the Fourth Circuit affirms a district court grant of summary judgment to the defendant aluminum manufacturing company after concluding that collective bargaining agreements did not provide vested health benefits to the plaintiff retirees.
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ERISA Plan Beneficiary Not Changed by Substantial Compliance.
Benefits Magazine; v54 no8 p 56 Aug 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Middle District of Florida denies the plaintiff's claim for benefits as the beneficiary of a deceased plan participant because the decedent did not strictly comply with plan requirements to change her beneficiary designation and the courts do not recognize the doctrine of substantial compliance with respect to the Employee Retirement Income Security Act of 1974 (ERISA).
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Litigation May Proceed for Underpaid Pension Benefits.
Benefits Magazine; v54 no7 pp 59, 64 Jul 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Southern District of New York refuses to dismiss the plaintiff employees' lawsuit against the defendant national consumer goods company for failure to pay promised pension benefits, failure to provide requested plan documents and breach of fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA).
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Plaintiffs Denied Standing for Lack of Demonstrated Injury.
Benefits Magazine; v54 no7 pp 56, 58 Jul 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Southern District of Texas dismisses the plaintiff plan participants' claims that the defendant cash balance plan offered lesser benefits than before the plan was converted from a defined benefit pension plan, because the plaintiffs failed to show injury to themselves and therefore lacked standing.
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Benefit Trends: The Multiemployer Retirement Plan and Landscape: Defined Benefit Plans.
Held, Justin; Benefits Magazine; v54 no6 pp 8-10 Jun 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : A majority of defined benefit (DB) multiemployer plans are in position for continued improvement in their funded condition, despite volatile financial, markets and less favorable demographics in recent years, the International Foundation's "The Multiemployer Retirement Plan Landscape: A Ten-Year Look (2005-2014)" shows.
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Quick Look: Multiemployer DB Landscape 2005-2014.
Benefits Magazine; v54 no6 p 11 Jun 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Multiemployer defined benefit plan funding levels have rebounded after declining during the recession, according to "The Multiemployer Retirement Plan Landscape: A Ten-Year Look (2005-2014)." The report showed that the median market value funded percentage was 85.9% at the end of 2014, compared with a low of 67.6% in 2008.
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Court Enforces California Law Banning Discretionary Clauses in Insurance Contracts.
Benefits Magazine; v54 no5 p 54 May 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Northern District of California grants the plaintiff employee's motion for partial summary judgement to review her long-term disability case on a de novo basis due to an insufficient grant of discretionary authority in a summary plan description and a California prohibition on discretionary clauses in insurance contracts.
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Washington Update: 2017 Annual Adjustments to Plan Penalties.
Benefits Magazine; v54 no5 p 58 May 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : On January 13, 2017, the Department Labor (DOL) formally increased the monetary penalty amounts for ERISA violations to adjust for inflation.
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Benefit Trends: The Multiemployer Retirement Plan Landscape: DC Plans.
Held, Justin; Benefits Magazine; v54 no4 p 8 Apr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Despite volatile investment returns that were impacted by the biggest market collapse since the Great Depression, defined contribution (DC) account balances are steadily recovering according to "The Multiemployer Retirement Plan Landscape: A Ten Year Look (2005-2014)." This study is based on Form 5500 Annual Reports filed with the U.S. Department of Labor.
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Company Used Proper Valuation Date to Determine ESOP Account Value.
Benefits Magazine; v54 no4 p 52 Apr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Northern District of Illinois holds that the defendant sponsor of an employee stock ownership plan (ESOP) did not breach its fiduciary duties or intend to deceive plan participants when it used the most recent valuation date to determine the value of the plaintiff former employee's stock account.
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Quick Look: Multiemployer DC Plan Landscape.
Benefits Magazine; v54 no4 pp 23 Apr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The 1,102 multiemployer defined contribution plans in the United States are steadily recovering from the Great Recession, according to "The Multiemployer Plan Retirement Plan Landscape: A Ten-Year Look (2005-2014)," the fourth annual benchmark from Horizon Actuarial Services, LLC and the International Foundation. Multiemployer DC plans had total assets of more than $130 billion in 2014 and covered more than 3.8 million participants and their beneficiaries.
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Summary Plan Description Governed Provisions of Welfare Plan.
Benefits Magazine; v54 no3 p 53 Mar 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the District of Arizona grants the plaintiff software company and its welfare benefit plan an equitable lien against the defendant spouse's third-party settlement funds to reimburse the company's welfare benefit plan for medical expenses it paid on his behalf.
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De Novo Review Granted Where Insurer Had No Discretionary Authority.
Benefits Magazine; v54 no2 p 54 Feb 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Northern District of California finds that the defendant insurer's documents inadequately provided that it had discretionary authority to determine benefits and that state law prohibiting insurance companies from having discretionary authority was not preempted by the Employee Retirement Income Security Act of 1974 (ERISA).
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Other Recent Decisions.
Benefits Magazine; v54 no2 pp 58-60 Feb 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Summarizes legal cases on retirement benefits, stock plans, benefit litigation and fiduciary duties.
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Benefit Trends: The Multiemployer Retirement Plan Landscape.
Held, Justin; Benefits Magazine; v54 no1 p 8 Jan 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : By late 2014, multiemployer defined benefit (DB) plans had total assets of more than $480 billion and covered 10.5 million participants and beneficiaries. Despite demographic challenges, these plans were continuing to show gains in investment returns and funding percentages. Multiemployer defined contribution (DC) retirement plans had total assets of more than $130 billion and covered 3.8 million participants and beneficiaries. Those are among the highlights of "The Multiemployer Retirement Plan Landscape: A Ten-Year Look (2005-2014)" based on data from Form 5500 Annual Reports filed with the U.S. Department of Labor.
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The Mental Health Parity and Addiction Equity Act: Does Your Plan Comply?
Brice, Daniel R.; Benefits Magazine; v54 no1 pp 28-35 Jan 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : As the U.S. Department of Labor (DOL) and Health and Human Services (HHS) step up efforts to enforce the Mental Health Parity and Addiction Equity Act, it is a good time for plan sponsors to review their health plan design and practice to make sure they are in compliance.
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Washington Update: Section 1557 Nondiscimination FAQs on Language Access.
Benefits Magazine; v54 no1 p 60 Jan 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently released frequently asked questions to help covered entities meet language access requirements for individuals with limited English proficiency (LEP) under Section 1557 of the Patient Protection and Affordable Care Act (ACA).
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The Multiemployer Retirement Plan Landscape: A Ten-Year Look (2005-2014)
Russell, Jason L.; Franklin, Cary; Stich, Julie; 103 pp 2017; survey

Availability : International Foundation of Employee Benefit Plans
Abstract : This report summarizes and analyzes key trends in demographics, cash flows, investments, funding and costs for multiemployer defined benefit (DB) pension plans over the ten-year period from 2005 through 2014. Analyzing these trend aids in understanding how the plans have evolved over the past decade and where they may be headed in the future.
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Trustee Handbook: A Guide to Labor-Management Employee Benefit Plans.
Beebe, Lawrence R.; 529 pp 8th ed.; book

Availability : International Foundation of Employee Benefit Plans
Abstract : A reference tool for trustees, administrators and others who serve multiemployer benefit plans, this book includes a collection of practical articles covering fiduciary responsibility, plan design and financing, plan administration, liability insurance, actuarial considerations, accounting, investment management and much more. Additional topics include: educational policies and reimbursement of plan expenses; using committees effectively; running an apprenticeship program like a business; and using social media as a communications tool.
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Hospital Has No Standing to Bring Suit Against Plan Administrator.
Benefits Magazine; v53 no12 p 60 Dec 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the District of Utah finds that the plaintiff hospital lacks standing to file a lawsuit against the defendant welfare plan because the plaintiff was neither a participant nor a beneficiary, the suit was time barred and the plan prohibited assignment of benefits to a medical provider.
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You Asked, We Answered: Must a Temp Be Offered Health Care?
Olecheck, Sharon T.; Wilke, Amanda S.; Lucey, Jennifer; NewsScope; v34 no3 pp 25-26 Dec 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Answers to frequently asked questions about the Affordable Care Act (ACA).
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Court Issues Mixed Rulings in Prolonged Life Insurance Dispute.
Benefits Magazine; v53 no11 pp 71, 76 Nov 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Eastern District of New York dismisses most of a plaintiff beneficiary's claims against various companies for life insurance benefits mistakenly promised to her deceased benefactor but allows certain claims against the defendant plan administrator and defendant claims administrator to proceed.
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