Social Security Agency Rules Proposal

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The  American Bar Association’s House of Delegates recently approved Resolution 106B. The Resolution proposes various reforms to the rulemaking provisions of the Administrative Procedure Act (“APA”), many of which embrace principles endorsed in past Administrative Conference of the United States recommendations.  This project identifies points of overlap, and offers the Conference’s views on non-overlapping portions of the Resolution. … Continued

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Church-Affiliated Organization Benefit Plans Governed by ERISA

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Stapleton v. Advocate Health Care Network, No. 15-1368 (March 17, 2016) N.D. Ill., E. Div. Affirmed The Court begins the decision, “The Employee Retirement Income Security Act (ERISA) protects employees from unexpected losses in their retirement plans by setting forth specific safe- guards for those employee plans. The Act, however, exempts church plans from those … Continued

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ERISA Preemption in Case of Liberty Mutual Health Insurance Plan

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The Supreme Court ruled that ERISA pre-empts Vermont’s statute as applied to ERISA plans in Gobeille v. Liberty Mutual Insurance Co., decided on March 1, 2016. Liberty Mutual maintains a self-insured employee health plan and some of those employees reside in Vermont. Vermont maintains a health-claims database (an “all-payor claims database” or APCD) that requires … Continued

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