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

Main Volume Information

Employee Benefits Law, Third Edition offers detailed, annotated coverage by members of the Employee Benefits Committee of the ABA Section of Labor and Employment Law, who provide careful analysis and balanced explanations of a broad array of employee benefits topics, including:

• 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 denialsThe Third Edition includes thorough discussion of the law governing breach of fiduciary duty and prohibited transaction claims, including commonly litigated areas such as employer securities, service provider fees, and fiduciary misrepresentations. It offers comprehensive coverage of ERISA preemption, including all significant cases on this complex issue and analyzes issues such as preemption’s effect on state and local government attempts to mandate health benefits. In addition, the treatise discusses:
• 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, Conkright v. Frommert, Hardt v. Reliance Standard Life Insurance Co., and Metropolitan Life Insurance Co. v. Glenn. It also covers 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 includes thorough discussion of the law governing breach of fiduciary duty and prohibited transaction claims, including commonly litigated areas such as employer securities, service provider fees, and fiduciary misrepresentations. It offers comprehensive coverage of ERISA preemption, including all significant cases on this complex issue and analyzes issues such as 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 Supreme Court’s pronouncement on standard of review in Metropolitan Life Insurance Co. v. Glenn and discussion of lower court cases interpreting 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 affects the law governing health care benefit plans

Supplement Information

The Spring 2013 Supplement provides updates to:

• Case law in the wake of the Supreme Court’s decision in Metropolitan Life Insurance Co. v. Glenn. The Spring 2013 Supplement covers developments relating to the scope of permissible discovery, circumstances that give rise to a conflict of interest, and the effect of conflict of interest assertions.
• The Moving Ahead for Progress in the 21st Century Act, enacted in 2012, which may affect certain interest rate assumptions used by defined benefit plan sponsors and premiums owed to the Pension Benefit Guaranty Corporation.
• Case law on fiduciary issues related to investments. In particular, the Supplement discusses fiduciary cases related to employer stock and how investment losses should be calculated.
• The positions of the circuit and district courts on the application of the attorney-client privilege in benefits cases.

Main Volume Information

2012/1,942 pp. Hardcover with Spring 2013 Supplement/Order #9053P

Supplement Information 
2013/348 pp. Softcover/ISBN 978-1-61746-053-1/Order #2053

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 Committee, ABA 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 Committee, ABA Section of Labor and Employment Law  

• Detailed Table of Contents
• Summary Table of Contents
• Preface
• Board of Editors
• Introduction I
• Introduction II
• Introduction III