Posts tagged "ERISA"

Wellness surcharges may violate ERISA rules

Employees in Tennessee who have health insurance or other benefits through their employers may feel comfort in knowing those benefits are under the protection of the Employee Retirement Income Security Act. While not all such programs qualify for ERISA protection, those that do must maintain strict standards in administering the plans, including keeping participants informed of any changes and seeking the best interests of the beneficiary over those of the employer. Additionally, ERISA protects plan participants from any kind of discrimination.

ERISA protections continue to grow and change

When the Employee Retirement Income Security Act went into effect in 1974, its purpose was to protect workers whose employers voluntarily provided benefits such as health insurance and retirement plans. ERISA never required businesses to supply this coverage for employees, but the law mandated minimal standards to ensure employers did not take advantage of their workers. In Tennessee and across the country, employees have peace of mind knowing their benefits are in place and that they have recourse if a plan fiduciary breaches his or her duty.

An overview of ERISA law

Not every employer is required to offer benefits beyond a salary. For example, no federal law mandates that a Tennessee business owner must provide a retirement plan or health insurance, but many do so as a way to entice good workers to remain faithful. Once an employer offers these benefits, however, federal law applies. This complex law falls under the governance of the U.S. Department of Labor and is called the Employee Retirement Income Security Act, or ERISA.

Understand ERISA violations before it is too late

Fewer Tennessee employees remain at one job for a lifetime as in generations past, so having a growing retirement plan is a good incentive to remain faithful to one company. However, devoting years to a company only to find one's retirement plan has been mismanaged can be a devastating blow. Understanding the Employee Retirement Income Security Act, also known as ERISA, is a good way to know whether one's plan is safe from unethical or incompetent management.

Universities accused of violating ERISA with self-dealing

Employee retirement plans are meant to provide financial security for those who invest in them. Depending on the type of plan, there may be numerous benefits, including tax breaks and ease of savings by having contributions and fees deducted directly from one's paycheck. As with any investment, there is a measure of trust that those charged with managing the funds will act in an upright manner, and the Employee Retirement Income Security Act, also known as ERISA, sets guidelines for the ethical administration of plans.

Advisor duties depend on ERISA requirements

Over 90 percent of those polled in Tennessee and across the country agree that a financial advisor should act in the best interests of his or her clients just as a doctor or lawyer does. Physicians and attorneys take oaths promising to uphold the best interests of those who entrust them with their medical or legal issues, but financial advisors do not. Because an appellate court recently overturned the Department of Labor attempts to clarify the role of advisors under the Employee Retirement Income Security Act, also called ERISA, many may wonder how to protect themselves.

ERISA protection for Tennessee employees

When a Tennessee employer offers a job to a qualified candidate, the candidate's motivation for considering the position certainly relates to the salary the employer offers. However, the deciding factor is often the benefits package. Besides paying Social Security and federal insurance, private, non-government businesses with fewer than 50 employees are not required by law to offer benefits beyond workers' comp, family and medical leave, and unemployment insurance. If employers choose to provide more, they must abide by the rules under the Employee Retirement Income Security Act, known as ERISA.

Dr. Pepper employees say company violated ERISA rules

When a Tennessee employee loses his or her job, among other concerns may be the loss of health care benefits, especially if the worker's family is also covered through the employer-based insurance policy. Through the Consolidated Omnibus Reconciliation Act, workers have the option of continuing their benefits after a job loss or other event that results in the termination of coverage. One company in another state is facing a lawsuit for violating the Employee Retirement Income Security Act, or ERISA, when it denied workers the option to refuse the COBRA coverage.

Wells Fargo faces new accusations of ERISA violations

Wells Fargo seems determined to rebuild the trust it believes its clients once had. This monumental effort comes following reports that the bank administration forced its sales team to perform illegal and unethical practices, jeopardizing the wealth of many in Tennessee and across the country. Recently, however, new reports are emerging that the bank has violated its fiduciary duties under the Employee Retirement Income Security Act, also known as ERISA.

ERISA does not cover stock plans

The Employee Retirement Income Security Act requires employers to follow minimum guidelines when they establish pension or health plans for their workers. Employees are not obligated to offer such plans, but a plan that provides retirement funds for its workers is likely protected under ERISA. Tennessee employees may be interested in the recent appeals court ruling that further defined the types of plans that may or may not fall under the protection of the federal law.

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