Guest melwardad Posted July 22, 2001 Posted July 22, 2001 My employer is a very large employee benefits plan administrator (house hold name) and has been in non-compliance for its employees' plans for several years, and in at least one case (mine) has caused significant harm (financial and otherwise). My ongoing benefits are administered by my co-workers of my department and on multiple occasiosn my private medical and disabiltiy information has been shared publicly. My department head knows of these actions and the overall conflicts of interest in the plan administration, but has refused to investigate them and has the final say on benefits decisions and signs many of my benefits checks. There have also been several blatant breaches of fiduciary including altering of ERISA plan documents during an ERISA benefits appeal. The executives of the company and the board fo directors are aware of this and other major violations of fiduciary duty but the firm refuses to investigate or stop the abuses after being contacted by attorneys. These types of breaches likely apply to the administration of this firms clients' employees. Apparently this firm is not concerned about any legal liability, penalties, or actions from the Department of Labor or State departments of insurance for further breaches of plan provisions. What should this administrator specifically be worried about happening to them, if anything? Confused
GBurns Posted September 9, 2001 Posted September 9, 2001 Nothing happens to a Plan Administrator if no one files a complaint with the DOL or takes them or the employer to court. If they alter the documents during an Appeal and your lawyer does nothing you should consider suing your lawyer. People get away with breaking the law if no one enforces it. I would consider giving info to one of the aggressive class action law firms to see if it could be made big enough to warrant their attention. George D. Burns Cost Reduction Strategies Burns and Associates, Inc www.costreductionstrategies.com(under construction) www.employeebenefitsstrategies.com(under construction)
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