Download or read book When May an Agent Act on Behalf of an ERISA Plan Participant Or Beneficiary written by Albert Feuer and published by . This book was released on 2015 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses when a pension or welfare plan governed by the Employee Retirement Income Security Act of 1974, as amended ("ERISA") may, and when it must, comply with directions of an attorney in fact under a state-law power of attorney or court-appointed guardians. ERISA and the regulations thereunder do not explicitly address the appointment of agents with respect to the exercise of any rights on behalf of an individual participant or beneficiary other than the ability of an agent to pursue benefit claims on behalf of the agent's principal.This article argues that an ERISA plan must defer to any agent acting on behalf of a participant or beneficiary under a state-law power of attorney or guardianship to the extent the individual is unable to exercise those ERISA benefit rights so that the individual is not deprived of those rights. This is the case whether the disability is a result of the individual being a minor, being an illiterate, being physically disabled, or lacking mental capacity. Moreover, the applicable state relief laws to encourage the acceptance of such powers would also probably be applicable to ERISA plans because such provisions are needed for the effective administration of power of attorney state laws for a disabled participant that ERISA does not otherwise preempt. State law may authorize an individual to be the agent of an ERISA plan participant or beneficiary. This article discusses when ERISA permits such an individual, on behalf of the agent's principal, to: (1) pursue a benefit claim; (2) obtain plan or benefit information; (3) determine the time and form of benefit payment; (4) determine to whom the plan makes a benefit payment; (5) make beneficiary designations; (6) consent to the waiver of the principal's right to a spousal survivor benefit; (7) assign benefit rights and thereby create a beneficiary; (8) determine the amount, if any, of the principal's employee contributions to the plan; (9) obtain information about the principal's investment options; or (10) determine how to invest the principal's plan assets. The article also discusses when ERISA and the Health Insurance Portability and Accountability Act ("HIPAA") permit a state-law agent to (1) make healthcare decisions for the agent's principal in ERISA healthcare plans, or (2) obtain information from a healthcare plan, or a healthcare reimbursement plan.

Download or read book How Should ERISA Plans Handle Powers of Attorney and Court Appointed Guardians and the Absence of Such Agents for Participants Lacking Capacity written by Albert Feuer and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses when an ERISA plan may, and when it must, comply with directions of (1)an attorney in fact under a power of attorney, or (2) a court-appointed guardians. Such issues are not limited to cases in which an ERISA plan participant or beneficiary lacks the capacity to act on his or her own because a person able to act on his own may wish to appoint a third-party agent to act on his behalf, such as an investment manager. Moreover, lack of capacity may result not only from a participant's disability, but also if there is a dispute about the identity of the beneficiary or a gap between the time of the death of the participant and the time a beneficiary assumes those responsibilities. There are issues about the plan investment responsibilities for self-directed plans if the participant or beneficiary lacks capacity, but the plan has not accepted an agent appointed by such person when he had capacity. Administrators of employee benefit plans governed by ERISA, often have to deal with third-party agents who have been designated to act on behalf of participants and beneficiaries with respect to the certain aspects of the plans, including powers of attorney and court-appointed guardians. This article discusses (1) when a third party may act on behalf of an ERISA plan participant or beneficiary who may, but need not, be unable to act on his or her behalf, and (2) the responsibilities of an ERISA plan to a participant or beneficiary unable to act on his or her behalf if no third party is authorized to act on his or behalf. There may be issues regarding at least the following eight general rights: (1) to pursue a benefit claim; (2) to obtain plan and benefit information; (3) to make beneficiary designations; (4) to invest plan assets and to obtain information about the principal's investment options; (5) to select the time and form of benefit payment; (6) to assign benefit rights and thereby create a beneficiary; (7) to determine to whom the plan makes a benefit payment; and (8) to make employee contributions to the plan. Furthermore, there may be issues for ERISA healthcare plans about the authority of agents to make healthcare decisions for participants, and for healthcare reimbursement plans about the applicability of Health Insurance Portability and Accountability Act ("HIPPAA").

Download or read book Focus On Powers of Attorney and Retirement Plans written by David A. Pratt and published by . This book was released on 2018 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing longevity carries with it the risk that a retirement plan participant or beneficiary may lose decision-making capacity and may cease to be able to manage, or plan for the investment or distribution of, his or her benefits under a retirement plan. This article discusses the extent to which an ERISA plan may safely act on the instructions of an agent under a power of attorney, given the lack of guidance in ERISA itself or the regulations there under.

Download or read book QDROs written by and published by . This book was released on 1997 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Health Benefits Coverage Under Federal Law written by and published by . This book was released on 2010 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book MEWAs multiple employer welfare arrangements under the Employee Retirement Income Security Act ERISA written by and published by . This book was released on 2003 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Favorable Determination Letter written by United States. Internal Revenue Service and published by . This book was released on 2001 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Department of Labor s Enforcement of the Employee Retirement Income Security Act ERISA written by United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management and published by . This book was released on 1985 with total page 1202 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Leigh V Engle written by and published by . This book was released on 1983 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Pension and Employee Benefits ERISA law and regulations related laws proposed regulations written by United States and published by CCH Incorporated. This book was released on 2004 with total page 2224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book An Employee s Guide to Health Benefits Under COBRA written by and published by . This book was released on 2010 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fiduciary Law written by Tamar Frankel and published by . This book was released on 2011 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.

Download or read book Summary Plan Description Requirements Under ERISA written by and published by . This book was released on 1987 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Oversight on ERISA 1978 written by United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor Standards and published by . This book was released on 1978 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Managed Care Contracting Handbook written by Maria K. Todd and published by CRC Press. This book was released on 2009-03-26 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managed care contracting is a process that frustrates even the best administrators. However, to ignore this complexity is to do so at your own expense. You don‘t necessarily need to bear the cost of overpriced legal advice, but you do need to know what questions to ask, what clauses to avoid, what contingencies to cover ... and when to ask a lawyer

Download or read book ERISA A Comprehensive Guide 6th Edition written by Ferenczy, Cohen and published by Wolters Kluwer Law & Business. This book was released on 2020-12-02 with total page 1298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sixth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 and the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 Discussion of improvements in the ability for plan sponsors to take advantage of electronic disclosure opportunities for participant notices and disclosures. Updates to fiduciary duties and best practices based on litigation outcomes Analysis of the rising role of arbitration in the resolution of disputes between plan sponsors and participants Discussion of COBRA notice requirements due to COVID-19, pursuant to CARES Act Discussion of the impact of COVID-19 on union contracts and multiemployer plans Impact of CARES Act on bankruptcy filings and procedures