Category Archives: Cafeteria Plans

Update on a Walmart Case and New Online Website for Calculating Annuities

CNN is reporting that Wal-Mart has decided to not pursue reimbursement for medical expenses paid by the Walmart Stores, Inc. Associates Health and Welfare Plan for Deborah Shank. I previously blogged about this case here. (hat tip to Paul Secunda … Continue reading

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Fifth Circuit: AD&D Plans Exist, Therefore They Are…ERISA

To be ERISA-qualified, a plan must: (1) exist; 5th Circuit Court of Appeals, Per Curium, Read v. Sun Life Assurance, No. 07-10945, March 7, 2008. In an interesting opinion from the 5th Circuit in Read v. Sun Life Assur. Co. … Continue reading

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Another Possible ERISA Case for the U.S. Supreme Court

In a year of great upheaval in plan documents due to regulatory and legislative changes, the third branch of government has decided to join in and add to the ERISA stress factor. This year, the U.S. Supreme Court has already … Continue reading

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Supreme Court May Hear San Francisco ERISA Healthcare Case

SCOTUSblog is reporting that Supreme Court Justice Anthony M. Kennedy has asked the city of San Francisco to respond to a plea by the Golden Gate Restaurant Association in their application that San Francisco’s Health Care Security Ordinance is pre-empted … Continue reading

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April 23rd is MetLife Day at U.S. Supreme Court

The oral argument calendar for April has been released by the U.S. Supreme Court, and MetLife v. Glenn is scheduled for April 23rd, 2008. It is one of two cases scheduled for that day – the other case is Meacham … Continue reading

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Another Wal-Mart Health and Welfare Plan Article in WSJ

Prof. Paul M. Secunda over at the Workplace Prof Blog discusses the article in yesterday’s Wall Street Journal about Wal-Mart’s health and welfare plan. In Wal-Mart Insured Ranks Rise, reporter Ann Zimmerman states that: “The world’s biggest retailer by sales … Continue reading

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No Plan Document Requirement for Qualified Transportation Fringe Benefits

One of the reasons I write plan documents for a living is because they are so interesting. Each plan document is like writing a novel, and a good plan document reads like a good novel. The other reason I like … Continue reading

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Qualified Transportation Fringe Benefits from More than One Employer

For an employee working two jobs, can they receive qualified transportation fringe benefits from each employer? With more employers adding transit and parking benefits for their employees, and more employees working multiple jobs, this question keeps popping up. The answer … Continue reading

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Petition for Cert. Filed with Supreme Court in another Walmart Reimbursement Case

Roy F. Harmon III of the Health Plan Law blog is reporting that a Petition for Certiorari has been filed in Administrative Committee of Wal-Mart Stores Inc. v. Shank, and has a copy of the petition for cert. posted on … Continue reading

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Another Walmart Health and Welfare Plan Reimbursement Decision

Another Walmart Health and Welfare reimbursement decision, this time out of the 11th Circuit Court of Appeals. In Administrative Committee v. Horton, No. 07-10012 (Jan. 15, 2008), the 11th Circuit reversed the district court’s decision which had granted summary judgment … Continue reading

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