Fiduciary or employer-Business decisions-Severance

Article Abstract:

When an employer reaches a business decision regarding the design of a plan, including a decision regarding who will be eligible for benefits under the plan, it acts as an employer, not as a fiduciary, and cannot be held responsible for breach of fiduciary duty. Whether its decision as an employer is capricious or arbitrary, it is decided with respect to whether the decision is in the interest of the employer.

Electronic Connector Manufacturing, Electronic connectors, Electronic components industry, Thomas and Betts Corp., TNB, Noorily, Peter

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AIDS-ADA-Handicap discrimination-ERISA plan-Preemption

Article Abstract:

A court determined that an insurer does not discriminate on the basis of handicap if it provides the same policy with the same provisions to everyone, no matter what the handicap. A plan does not breach ADA by containing a coverage limitations applicable to benefits to cover AIDS where the same policy and terms with the same constraint are offered to those with AIDS as well as those not with AIDS.

Accident & Health Insurance, Insurance Carriers, Medical Service and Health Insurance, Insurance Regulation, Health insurance industry, Insurance law, AIDS virus carriers, HIV carriers, McNeil, Michael, Time Insurance Co.

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Disclosure-Severance from service-breach of fiduciary duty

Article Abstract:

A court ruling determined an administrator may be liable for breach of fiduciary duty if he does not tell a beneficiary that his employment is terminated when the employee, after reading the pertinent part of the plan, might predictably and reasonably presume he remains employed.

Primary Iron & Steel, Iron and Steel Mills and Ferroalloy Manufacturing, Blast Furnace and Basic Steel Products, Steel industry, Bethlehem Steel Corp., BS, Harte, Robert J.

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