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This treatise offers detailed, annotated coverage of Employee Retirement Income Security Act (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; and effects of sexual orientation and veteran status on benefits.
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:
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:
Employee Benefits Law is available on the web as part of BNA’s Benefits Practice Resource Center, with hyperlinks to text of cases.
The Fall 2014 Cumulative Supplement discusses the effect of IRS guidance, in the wake of the Supreme Court’s decision in U.S. v. Windsor, on benefits for same sex spouses in employee benefit plans; the Supreme Court’s holding in Fifth Third Bancorp v. Dudenhoeffer that ESOP fiduciaries are not entitled to a presumption of prudence when allowing a plan to purchase or hold employer stock; agency and regulatory guidance on the Affordable Care Act employer shared responsibility tax, effective beginning in 2015; and agency and regulatory guidance on Affordable Care Act requirements for employee health plan design and operation
Main Volume Information
2012/1,942 pp. Hardcover/ISBN 978-1-57018-936-4/ABAWEB1936
2014/Approx. 340 pp. Softcover/9781617464683/ABAWEB2468
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