πŸ“• Node [[erisa]]
πŸ“„ erisa.md by @law

Employee Retirement Income Security Program

The Employee Retirement Income Security Program, despite its name, covers more than just retirement.

Key points for employees:

  • ERISA covers retirement plans (e.g., 401(k)) and certain other benefit programs (such as medical).

  • Plan administrators have a duty to provide certain documents, including a summary plan description. The most important documents must be specifically requested by the participant or beneficiary.

  • Plans must have a reasonable claims procedure and an appeal procedure that affords a "full and fair review".

  • Group health plans are prohibited from forcing participants to arbitrate their group health plan benefits in lieu of going to court.

  • Attorneys fees are available to successful claimants who win after going to court to get their benefits.

  • Courts may give [[deference]] to the original administrative decision if specified by the plan and the claims/appeals were decided fairly and reasonably; otherwise, the court will decide the issue [[de novo]].

  • [[go]] https://www.law.cornell.edu/uscode/text/29/chapter-18

  • https://www.law.cornell.edu/cfr/text/29/2560.503-1

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