Disputes under ERISA plans: using the claim appeal procedure as the first line of defense

Article Abstract:

Employee benefit plan claim procedures can be designed to limit potential litigation. The Employee Retirement Income Security Act (ERISA) requires that a plan's claim procedures must be exhausted before the claim can be pursued in court. Thus adding steps such as mediation or binding arbitration to the claim procedures can reduce exposure to costly litigation. The claim procedure can also be used to limit the issues and evidence that can be raised in a lawsuit after claim procedures are exhausted.

Employee benefits, Exhaustion of administrative remedies

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Arbitration of ERISA claims

Article Abstract:

The courts have enforced arbitration agreements according to the Federal Arbitration Act (FAA) for claims against pension plans under the Employment Retirement Income Security Act. Using the FAA, however, raises issues as to whether the result of an arbitrated claim can be enforced. If the claim is brought by those not part of a collective bargaining agreement, they may not have consented to arbitration. The FAA also exempts certain employment contracts from arbitration.

Collective bargaining, Labor arbitration

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The deceptive new world of ERISA preemption

Article Abstract:

US Supreme Court decisions in 1995 and 1997 limited ERISA's power to preempt state law. ERISA's preemptive power has traditionally been unlimited. State laws that provide incentives for pension plans to follow a particular direction may not be preempted. ERISA's preemptive power regarding state causes of action is less certain. Causes of action directly affect benefit claims.

Exclusive and concurrent legislative powers, Preemption (Legislative power)

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