Actuarial malpractice lawsuits are not preempted by ERISA
Article Abstract:
A Minnesota federal district court ruled that the Employee Retirement Income Security Act of 1974 (ERISA) does not preempt malpractice cases filed against plan actuaries regarding actuarial services rendered to pension plans. This was the ruling laid down in the Richards v. Union Labor Life Ins. Co., case as decided by the Eighth Circuit. This ruling is similar to the rulings made by the First, Second, Third and Seventh Circuits which ruled that ERISA does not preempt malpractice cases.
Publication Name: Journal of Compensation and Benefits
Subject: Insurance
ISSN: 0893-780X
Year: 1993
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Diagnostic-related group rates preempted by ERISA
Article Abstract:
Federal districtcourts in New Jersey and New York have ruled that diagnostic-related groups (DRG) not based on actual costs but which include expenses not reimbursed by Medicare and discounts to certain payers are preempted by the Employee Retirement Income Security Act of 1974 (ERISA). The courts said that charges included in the DRG rate force ERISA plans to incur costs in favor of people who are not plan participants, violating the exclusive benefit rule of ERISA.
Publication Name: Journal of Compensation and Benefits
Subject: Insurance
ISSN: 0893-780X
Year: 1993
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Failure to give rollover notice not recoverable under ERISA
Article Abstract:
The Sixth Circuit Court of Appeals has ruled that ERISA does not give qualified plan beneficiaries a cause of action when they encounter tax difficulties related to the plan administrator's failure to provide 'rollover notice' as required by the Internal Revenue Code. The court stressed that ERISA does not condone monetary damages for equitable actions, referring to Section 502(A)(1)(B) of the act.
Publication Name: Journal of Compensation and Benefits
Subject: Insurance
ISSN: 0893-780X
Year: 1996
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