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Federal Court Rejects Summary Judgment for ERISA Interference and ADA Associational Claims

Under the Americans with Disabilities Act (the ?Ç£ADA?Ç¥), it is generally unlawful to discriminate against an employee because of his association with a person who has a disability that is covered under the ADA. Under the Employee Retirement Income Security Act (?Ç£ERISA?Ç¥), it is unlawful to discriminate or discharge an ERISA plan participant for the purpose of interfering with the attainment of any right to which he may become entitled under the plan. In this case, the daughter of the employer?ÇÖs top salesperson incurred over $800,000 in medical claims under the employer?ÇÖs group health plan for her chronic condition. The employer?ÇÖs insurer gave notice to the employer that, as a result of her claims, it would increase premiums substantially. Shortly thereafter, the employer?ÇÖs Chief Financial Officer, who is the officer that reviewed the employer?ÇÖs medical expenses, decided to terminate the salesperson even though the salesperson?ÇÖs direct supervisor thought his termination… Continue Reading

New Information Required on 2015 Premium Filings with PBGC

PBGC has requested the Office of Management and Budget (?Ç£OMB?Ç¥) to approve the collection of new information in connection with premium filings. PBGC is revising the 2015 filing procedures and instructions to require after-the-fact reporting of certain risk transfers through lump sum windows and annuity purchases. PBGC is also changing certain premium declaration certification procedures, offering the option for a plan to provide a telephone number specifically for inclusion in PBGC?ÇÖs Search Plan List on PBGC?ÇÖs website, updating premium rates, and making conforming, clarifying, and editorial changes. Comments to the OMB must be submitted by February 11, 2015. PBGC?ÇÖs notice can be found here.

January 2015