Employee Benefits Law, Fourth Edition

$765.00

New Cumulative Supplement due for publication early December.

Employee Benefits Law offers detailed, annotated coverage of ERISA Titles I and IV; rules of tax qualification, deductibility, and other key tax issues; preemption with regard to ERISA and medical malpractice and related claims; benefit claims with regard to evidentiary issues and abuse of discretion in denials; interplay with related legal areas; and effects of sexual orientation and veteran status on benefits.


DESCRIPTION

Employee Benefits Law, Fourth Edition offers detailed, annotated coverage of ERISA Titles I and IV; rules of tax qualification, deductibility, and other key tax issues; preemption, with regard to ERISA and medical malpractice and related claims; benefit claims, with regard to evidentiary issues and abuse of discretion in denials; interplay with related legal areas; and effects of sexual orientation and veteran status on benefits.

Highlights of the Fourth Edition include:

  • Comprehensive review of laws affecting health plans, including the Affordable Care Act, HITECH security and breach notification regulations, and recent changes to MEWA requirements
  • Updated discussion of litigation on church plans
  • Analysis of the Multiemployer Pension Reform Act of 2014 and how it affects multiemployer defined benefit plans
  • Review of case law developments after the Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, which rejected a presumption of prudence with respect to employer stock held in ESOPs and described the necessary pleading standards to allege a breach
  • Discussion of changes in the law affecting benefits for same-sex spouses in employee benefit plans  

SUMMARY OF CONTENTS

  • Chapter 1. Brief History of the Regulation of Employee Benefits
  • Chapter 2. The Employee Retirement Income Security Act of 1974: Nature, Coverage, and Statutory Structure
  • Chapter 3. Administration and Enforcement
  • Chapter 4. Reporting and Disclosure
  • Chapter 5. Regulation of Qualified Retirement Income Plans Generally
  • Chapter 6. Regulation of Specialized Types of Retirement Income Plans
  • Chapter 7. Tax Treatment of Welfare Benefit Plans
  • Chapter 8. Regulation of Employee Health Care Benefit Plans
  • Chapter 9. Plan Insurance and Plan Termination
  • Chapter 10. Fiduciary Responsibility
  • Chapter 11. ERISA Preemption and Effect on Other Laws
  • Chapter 12. Civil Practice and Procedure
  • Chapter 13. Benefit Claims
  • Chapter 14. Issues Unique to Health Care, Disability, and Other Welfare Benefit Plans
  • Chapter 15. Employment Discrimination and Employee Benefits
  • Chapter 16. Issues Unique to Jointly Administered Plans
  • Chapter 17. Multiemployer Plan Withdrawal Liability
  • Chapter 18. Collective Bargaining and Employee Benefits
  • Chapter 19. Criminal Enforcement and Civil RICO
  • Chapter 20. Ethics, Privilege, and Related Concerns Unique to the Practice of Benefits Law
  • Table of Cases
  • Table of ERISA Sections
  • Table of IRC Sections
  • Topical Index  

SUPPLEMENT INFORMATION:

The 2019 Cumulative Supplement is current through December 31, 2018, with selected updates through August 31, 2019.

Some new developments include: 

  • The Supreme Court granted certiorari in cases involving standing, the meaning of actual knowledge for statute of lim­itations purposes, and the pleading standards for allegations of breach of fiduciary duty relating to an ESOP

  • The Ninth Circuit permitted arbitration of a breach of fiduciary duty claim, raising questions about arbitration in ERISA cases
  • The Mental Health Parity Act opened up a new front in benefit claim litigation concerning mental health benefits
  • The PBGC issued a final rule updating its multiemployer plan transfers and mergers rule, and the IRS issued a proposed rule easing hardship distributions from 401(k) plans
  • Courts addressed issues including ERISA’s anti-cutback rule and anti-alienation rules; fiduciary status and what constitutes a breach of duty; conflicts between SPDs and formal plan documents; and withdrawal liability for successor employers 

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Editor-in-Chief: Mary Ellen Signorille; Co-Chairs, Board of Senior Editors: Brian J. Dougherty, Lisa M. Gomez, Ian H. Morrison, and Erin M. Riley


CONTENTS

Main Volume Information

2017/2,100 pp./Hardcover/ISBN 978-1-68267-058-3/Order #P3713

Supplement Information

2019 Cumulative Supplement/Approx 350 pp. Softcover

ISBN 978-1-68267-713-1/Order #3713


REVIEWS

"Employee Benefits Law is a critical tool for any lawyer working in this exceptionally complex and constantly changing field. Experienced benefits practitioners appreciate its detailed, in-depth treatment of the nuances of the law, and new lawyers rely on its clear organization and straightforward presentation. It’s a must-have resource for benefits lawyers in my firm."

Russell L. Hirschhorn

Partner, Proskauer Rose LLP

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