Author: Mark Debofsky

Rare ERISA Trial Shows Judicial Scrutiny Vital in Claim Review

A federal judge from the U.S. District Court for the Northern District of Texas issued in June a stinging indictment of the disability benefit plan that covers both active and former football players who become permanently and totally disabled due to injuries sustained during their professional football playing careers. […]

How Do I Know if My Benefit Plan Is Self-Funded?

When the term “self-funded” is used in relation to employer-sponsored benefit plans, the term usually refers to what are known as “welfare” benefits. ERISA does not use the term “welfare” to mean public assistance. Instead, the term relates to benefits provided for the employee’s welfare; and is defined by the statute to mean […]

What Is ERISA?

ERISA, an acronym for the Employee Retirement Income Security Act of 1974,1 is one of the most important federal laws ever passed by Congress, but hardly anyone knows what it is or what it does. […]

ERISA Ruling Shows Lax Enrollment Practices Can Be Costly

A life insurance decision issued by the U.S. Court of Appeals for the Eighth Circuit may be summed up by quoting a single sentence from the opinion: “Misleading an [Employee Retirement Income Security Act]-plan participant has consequences.” Skelton v. Reliance Standard Life Insurance Co.[1] teaches how lax benefit enrollment practices can be costly. […]