Types of ERISA Claims Consider the following examples, which is not exhaustive: An employee who has a long-term disability plan that provides benefits if she is totally disabled. After suffering a serious fall at work, the employee struggles with a traumatic brain injury and other impairments.
An ERISA lawsuit offers individuals the opportunity to recover various types of damages, including medical bills, lost wages, and pension benefits.
ERISA applies to a wide range of employee benefits – pensions, 401(k) and 403(b) plans (non-government employees), disability, health, and life insurance benefits, along with severance and other benefits administered by employers.
ERISA requires plans to provide participants with plan information including important information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to ...
ERISA covers general benefits that aid employees in the event of sickness, accident, disability, death, or unemployment.
Civil and criminal sanctions are enforced when employers fail to adhere to ERISA standards for private-sector employee benefit plans. Violations include denying benefits improperly, breaching fiduciary duties, or interfering with employee rights under the plan.
There is no minimum number of employees that a business must have for ERISA law to apply. Employers must follow ERISA rules when developing and implementing a retirement and/or health benefits plan. They are required to clearly spell out details of the plan's features within a Summary Plan Description (SPD).
ERISA requires plans to provide participants with plan information including important information about plan features and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their ...
The plan asset regulation describes circumstances in which there is a “look through,” which, if applicable, treats not only the interests in an investment fund owned by ERISA covered plans as “plan assets,” but also the assets of the investment fund as “plan assets.” If the look through applies, the ERISA fiduciary and ...