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Employee Benefits Law, Third Edition, with Fall 2013 Cumulative Supplement

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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 denials

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:

  • 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 

2012/1,942 pp. Hardcover/Order #9270P


Supplement Information

The Fall 2013 Cumulative Supplement  provides updates on:

  • 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

2013/340 pp. Softcover/ISBN 978-1-61746-270-2/Order #2270

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