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Employee Benefits Law, Third Edition

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A Supplement to this volume is now available. Order now.

Your first source for decided cases, legislation, regulations, and employee benefits law guidance issued by federal agencies

Main Volume Information

The all-new Employee Benefits Law, Third Edition offers detailed, annotated coverage by distinguished members of the Employee Benefits Committee of the ABA Section of Labor and Employment Law, who provide careful analysis and balanced explanations of:

  • ERISA Titles I and IV
  • Rules of tax qualification, deductibility, and other key tax issues
  • Preemption, with regard to ERISA and medical malpractice and related claims
  • Benefit claims, with regard to evidentiary issues and abuse of discretion in denials
  • Interplay with related legal areas—including employment discrimination and labor relations
  • Effects of sexual orientation and veteran status on benefits

The treatise covers such important recent cases as CIGNA Corp. v. Amara, class action litigation that produced mixed results on claims relating to cash balance conversion of a defined benefit pension plan; Conkright v.  Frommert, regarding the discretion due to a plan administrator whose first interpretation of ambiguous plan provisions was rejected by the courts as arbitrary and capricious; and Hardt v. Reliance Standard Life Insurance Co., regarding the discretionary right of courts to award attorneys’ fees and costs to a party in a case where the court had remanded the case to the plan administrator for review. It also provides coverage of the 2010 health care reform acts: the Patient Protection and Affordable Care Act (PPACA) and the Health Care and Education Reconciliation Act of 2010 (HCERA). 

The Third Edition also includes thorough discussion of the statute, regulations, and case law governing breach of fiduciary duty and prohibited transaction claims, including application of that law to commonly litigated areas such as employer securities, service provider fees, and fiduciary misrepresentations. It offers comprehensive coverage of ERISA preemption, including all Supreme Court decisions on this complex issue and preemption’s effect on state and local government attempts to mandate health benefits. In addition, the treatise discusses:

  • The evolution of the law governing court review of benefits determinations, including the Court’s pronouncement on standard of  review in Metropolitan Life Insurance Co. v. Glenn
  • Rules governing administrative exhaustion of claims, including the impact of health care reform laws on those rules
  • Detailed coverage of the law governing ESOPs, 401(k) plans, IRAs, and nonqualified plans
  • How and when PPACA will affect the law governing health care benefit plans

Employee Benefits Law is available on the web as part of BNA’s Benefits Practice Resource Center, with hyperlinks to text of cases.


Supplement Information

The Fall 2013 Cumulative Supplement provides updates to:

  • The Supreme Court’s 2013 holding in US Airways, Inc. v. McCutchen, that equitable defenses based on common law doctrines, such as common fund and make whole, could not be asserted when the language of the employee benefit plan clearly disclaims them
  • Regulatory guidance on the Patient Protection and Affordable Care Act, including the 2013 final rule issued by the Department of Health and Human Services setting out standards related to essential health benefits; proposed rules clarifying limitations on waiting periods; and the final rule on standards for cost-sharing limitations
  • Lower court decisions addressing the availability of extra-record discovery and the existence and effect of conflicts of interest in the context of benefit claims following the Supreme Court’s 2008 decision in Metropolitan Life Insurance Co. v. Glenn
  • The effect of The American Taxpayer Relief Act of 2012 on employee benefits such as adoption assistance programs, employer-provided child care, and qualified transportation benefits

Main Volume Information

About the Board of Senior Editors  
Jeffrey Lewis, Co-Chair, is a shareholder and managing attorney at Lewis, Feinberg, Lee, Renaker, & Jackson, P.C., Oakland, CA.

Myron D. Rumeld, Co-Chair, is a partner in the Employee Benefits, Executive Compensation & ERISA Litigation Practice Center of Proskauer Rose LLP, New York, NY.

Ivelisse Berio LeBeau, Co-Chair, is of counsel, Sugarman & Susskind, P.A., Miami, FL.

Employee Benefits CommitteeABA Section of Labor and Employment Law


Supplement Information

About the Editor-in-Chief

Dana M. Muir is the Arthur F. Thurnau Professor of Business Law at Stephen M. Ross School of Business, University of Michigan, Ann Arbor, MI.

About the Board of Senior Editors

Jeffrey Lewis, Co-Chair, is a shareholder and managing attorney at Lewis, Feinberg, Lee, Renaker, & Jackson, P.C., Oakland, CA.

Myron D. Rumeld, Co-Chair, is a partner in the Employee Benefits, Executive Compensation & ERISA Litigation Practice Center of Proskauer Rose LLP, New York, NY.

Ivelisse Berio LeBeau, Co-Chair, is of counsel, Sugarman & Susskind, P.A., Miami, FL.

Employee Benefits CommitteeABA Section of Labor and Employment Law    

Main Volume Information

 2012/1,942 pp. Hardcover/ISBN 978-1-57018-936-4/ABAWEB1936


 Supplement Information

2013/340 pp. Softcover/ISBN 978-1-61746-270-2/ABAWEB2270

 Order Fall 2013 Cumulative Supplement now.