ERISA Law Answer Book, Seventh Edition

ERISA Law Answer Book is the practical desk reference that provides clear, concise, authoritative answers to more than 1,300 key questions - covering everything from benefit plan design, administration, communication, amendment, coverage, funding, distribution, and defense to fiduciary liabilities and litigation issues.

It helps you ensure compliance with ERISA law...limit exposure to liability...avoid litigation...prevent plan disqualification...and make plan administration more efficient and effective.

Designed for fast, easy use, the ERISA Law Answer Book features:

• Answers to just about any ERISA question instantly at your fingertips
• Up-to-date coverage on ERISA-related developments
• Advice on the best course of action when dealing with ERISA issues
• Extensive coverage of the Pension Protection Act of 2006 (PPA)
• Scores of practice pointers and examples
• Citations to statutes, regulations, and case law
• Detailed analysis of ERISA provisions
• Internal Revenue Code sections and interpretations

The Seventh Edition of ERISA Law Answer Book contains dozens of new cases and extensive discussion of legislative and regulatory developments in the past year that affect the interpretation of ERISA and the Internal Revenue Code. The new material discussed in this edition includes:

• The Patient Protection and Affordable Care Act of 2010 (PPACA) [Pub. L. No. 111-148, (Mar. 20, 2010)], as modified by subsequent legislation, which contains extensive health care reform provisions
• Proposed regulations issued by the Employee Benefits Security Administration (EBSA) that define more broadly the circumstances under which a person is considered a "fiduciary" under ERISA by reason of giving investment advice to an employee benefit plan or plan participants. [75 Fed. Reg. 65,263 (Oct. 22, 2010)]
• The decision by the Court of Appeals for the Ninth Circuit in Mack v. Kuckenmeister [619 F.3d 1010 (9th Cir. 2010)], which examined the interplay of the state and federal courts’ concurrent jurisdiction to decide whether a particular domestic relations order (DRO) meets the requirements for a qualified domestic relations order (QDRO) under ERISA Sections 206(d)(3)(A) and (B) and 502(a)(1)(B)
• The Department of Labor (DOL) Advisory Opinion No. 2011-04A (Feb. 3, 2011), which concluded that it would be a prohibited transaction for an IRA to purchase a promissory note and deed of trust held by a bank when the IRA owner and his spouse were obligors on the note and title to the real property encumbered by the deed of trust was held by a family trust of which the IRA owner and his spouse were trustees
• The Supreme Court's decision in CIGNA Corp. v. Amara [131 S. Ct. 1866 (2011)], which clarified that ERISA Section 502(a)(1) allows a court to enforce the terms of a plan but not to change the terms
• The Supreme Court's decision in Jones v. Harris Associates LP [130 S. Ct. 1418 (2010)], involving an investment advisor's fiduciary duty under Section 36(b) of the Investment Company Act (ICA) of 1940
• Final regulations issued by the IRS under Code Sections 430 and 436 regarding funding balances and benefit restrictions for underfunded plans
• An IRS ruling that allows 401(k) plans to be amended topermit or require certain contributions of the dollar equivalent of participants' unused paid time off (PTO) in accordance with governing nondiscrimination requirements and contribution limits
• The Department of Labor's new electronic filing requirement for Form 5500 and Form 5500-SF along with any required schedules, statements, and attachments

• 1. Benefit Arrangements Subject to ERISA
  • General Considerations
  • "Plan, Fund, or Program"
  • "Employer or Employee Organization"
  • For Participants and Their Beneficiaries
  • Special Cases
  • Benefit Plans Exempt from ERISA
  • Miscellaneous Issues
• 2. Interpreting ERISA Plans
  • General Considerations
  • Controlling Documents
  • Applicable Law
• 3. Claims Procedures and Exhaustion of Administrative Remedies
  • Claims Procedures - General
  • Claims Denials
  • Appeals
  • Exhaustion of Administrative Remedies
• 4. Notice, Reporting, and Disclosure
  • IRS Recordkeeping and Reporting Requirements
  • DOL Recordkeeping and Reporting Requirements
  • Summary Plan Description
  • Summary of Material Modifications
  • Responding to Information Requests
  • Miscellaneous Notice Requirements
• 5. Plan Amendment
  • Protected Benefits
  • Effect of Plan Amendment on Benefits
  • Underfunded Plans; Waiver Period
  • Required Amendment Deadlines
• 6. Assignment, Waiver, and Forfeiture
  • Assignment, Attachment, and Garnishment
  • Tax Liens
  • Rights and Interests of Spouses and Former Spouses
  • QDROs
  • Waivers of ERISA Rights and Interests
  • Forfeitures and Setoffs
• 7. Miscellaneous Issues in Plan Administration
  • Prohibited Transactions
  • Fiduciary Bonding Requirements
  • Plan Loans
  • Pension Benefit Guaranty Corporation
• 8. Who Is a Fiduciary?
  • General Considerations
  • Plan Sponsors, Officers, and Directors
  • Plan Administrators
  • Investment Advisors
  • Insurance Companies and Agents
• 9. Fiduciary Duties and Liabilities
  • General Principles of ERISA Fiduciary Conduct
  • Exclusive Benefit Rule
  • Duties Relating to Plan Administration
  • Duties Relating to Benefit Determinations
  • Duties Relating to Employee Communications
  • Duties Relating to Plan Investments
  • Fiduciary Liabilities
• 10. Plan Coverage and Participation Requirements
• 11. Benefit Accrual and Vesting
  • Accrued Benefit
  • Vesting
  • Break in Service
  • Plan Termination and Partial Termination
  • Vesting in Welfare Benefit Plans
• 12. Contributions and Benefits
  • General Considerations
  • Defined Contribution Plans
  • Defined Benefit Plans
  • Related Issues
  • Permitted Disparity
  • Discrimination in Plan Benefits, Rights, and Features
• 13. Plan Funding
  • Minimum Funding Standards for Single-Employer Defined Benefit Plans
  • Minimum Funding Standards for Multiemployer Defined Benefit Plans
  • Plan Funding Limits
  • Plan Funding Liabilities
• 14. Plan Distributions
  • Timing of Distributions
  • Distributions to Participants (and Their Surviving Spouses)
  • Creditors' Rights and Bankruptcy
  • Taxation of Plan Distributions
  • Distribution Elections and Notice Requirements
  • Rollover Distributions
• 15. Plan Disqualification and Remediation
  • Plan Disqualification
  • IRS Programs for Remedial Action
  • Self-Correction Program
  • Voluntary Correction Program
  • Anonymous Submission Program
  • Audit Closing Agreement Program
• 16. COBRA
  • Applicability
  • Eligibility
  • Notice Requirements
  • Premiums
  • Miscellaneous Issues
  • Enforcement and Sanctions
• 17. Insurance
  • General Principles
  • Accidents and Self-Inflicted Injuries
  • Health Insurance
  • Disability Benefits
• 18. Actions and Remedies
  • Causes of Action
  • Equitable Relief
  • Estoppel
  • Breach of Fiduciary Duty Regarding Plan Investments
  • Claims for Benefits
  • Failure to Comply with Notice Requirements
  • Claims for Failure to Respond to Information Requests
  • Interference with ERISA Rights
• 19. Plaintiffs and Defendants
  • Plaintiffs
  • Participants and Beneficiaries
  • Miscellaneous Plaintiffs
  • Defendants
• 20. Preemption
  • The Basics
  • Insurance Exception
• 21. Standard of Review
  • De Novo
  • Arbitrary and Capricious
  • Heightened Scrutiny
  • Burden of Proof
• 22. Attorneys' Fees
  • General Considerations
  • Factors Considered in Awarding Attorneys’ Fees
  • Burden of Proof
• 23. Miscellaneous Issues in ERISA Litigation
  • Jurisdiction and Venue
  • Right to Jury Trial
  • Removal and Remand
  • Statutes of Limitations
  • Evidentiary Issues