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DOL Appoints New Members to ERISA Advisory Council

"The appointees and their areas of expertise are as follows: [1] Accounting: Gwen Mazzola is a partner and the ERISA Practice Leader of HoganTaylor LLP.... [2] Employee Organizations: Mayoung Nham is a principal with the law firm of Slevin & Hart PC.... [3] Employers: John M. Towarnicky has ... [held] leadership positions at four Fortune 500 employers and at the Plan Sponsor Council of America.... [4] General Public: Mark D. DeBofsky is the principal member of DeBofsky Law Ltd.... [5] Insurance: Alice Palmer is vice president and chief counsel for Retirement Plan Service for the Lincoln Financial Group."

The Risks of De-Risking Pension Obligations Explained

"[T]here have now been multiple court rulings on motions to dismiss [pension risk transfer] lawsuits with varying results. This article will discuss those rulings and analyze the issues faced by plan participants whose pensions have been transferred by their employers to annuity providers that utilize non-traditional capital structures."

Discretionary Clauses and Choice of Law in ERISA Cases

"[E]ven if [Firestone Tire and Rubber Co. v. Bruch] discretion-granting language is present, that does not necessarily end the discussion, as illustrated by a recent ruling from a federal court in California.... [T]he court was presented with insurance policy documentation that clearly reserved discretionary authority to the insurer, Principal. Yet the court found the grant of discretion was negated and applied the de novo standard of judicial review[.] The court's rationale involved a choice of law determination." [Hirschkron v. Principal Life Ins. Co., No. 15-cv-00664 (N.D. Cal. Oct. 29, 2015)]

Discretion and Preemption: Unraveling ERISA, State Insurance Law

"While the California federal court ... acknowledged the existence of the deemer clause, the court still found the California ban on discretionary clauses applicable based on a finding that '[S]ection 10110.6 applies to contracts.' But that finding directly conflicts with ERISA's preemption provision, which has federalized garden-variety disputes over health and disability benefits and removed claims relating to such benefits from the ambit of breach-of-contract actions even where such benefits are provided though insurance." [Thomas v. Aetna Life Ins. Co., No. 15-1112 (E.D. Cal. Aug. 15, 2016)]

Supreme Court Eases ERISA Pleading Rules in Cunningham

"[The Cunningham] ruling is somewhat puzzling, since to state a plausible claim sufficient to survive a motion to dismiss, it would seem plaintiffs would still need to do more than merely assert a prohibited transaction.... On the other hand, the Cunningham ruling may make it more difficult for retirement plan sponsors and parties in interest to dismiss cases at the outset of the litigation and may subject those parties to costly discovery." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]

How Long Is Your Job Protected During Short-Term Disability?

"The answer depends on a variety of factors, including company policies, the nature of the disability, state laws, and federal regulations like the [FMLA]. [This post explores] the complexities of job protection during short-term disability, what employees can expect, and the key factors influencing job security during a medical leave."

Can a Murderer Collect Life Insurance Under ERISA?

"While the conclusion reached by the court in Guy is consistent with well-established public policy, state appellate courts in Ohio and Oregon found the ruling in Egelhoff meant that state slayer laws were preempted because they related to employee benefit plans.... [T]his issue could be resolved in one of two ways -- either the Supreme Court can issue a definitive opinion on ERISA preemption that clears up the confusion, or Congress could pass a federal slayer statute since ERISA preemption applies only to state law." [Standard Insurance Co. v. Guy, No. 21-5562 (6th Cir. Aug. 19, 2024)]

Understanding Contra Proferentem in ERISA Case Litigation

"[A recent case] illustrates what happens when plan terms are unclear and can have different meanings.... [T]he court began ... by pointing out that 'claims for benefits based on the terms of an ERISA plan are contractual in nature and are governed by federal common law contract principles.' Those principles incorporate the common law of contracts to determine the parties' intent.... [T]he court pronounced that if the contractual terms were ambiguous, an interpretation favoring the policyholder was required[.]" [Stein v. Paul Revere Life Ins. Co., No. 21-3546 (E.D. Penn. Mar. 16, 2023)]

Return-to-Office Mandates and ERISA Disability Claims

"For disabled employees, RTO policies don't just represent a change in environment, they can become a tipping point that insurers use to challenge or deny disability claims. Understanding the interplay between workplace demands, disability accommodations, and the definition of disability in ERISA policies is essential to protecting your rights."

ERISA Bill Seeks Mental Health Parity in Disability Benefits

"HR 3758, the Workers' Disability Benefits Parity Act of 2025 ... [would bar] disability plans from imposing restrictions on mental health or substance use claims that are more severe than those applied to physical conditions. The bill also ... empowers the [DOL] to impose civil monetary penalties for violations."