Martin D. Haverly, Attorney at Law Blog » ERISA & Employee Benefits
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Stay informed about ERISA and employee benefits with the Martin D. Haverly, Attorney at Law Blog. Explore topics such as retirement plans, health benefits, and fiduciary responsibilities. Readers can expect informative articles, legal updates, and practical advice on navigating ERISA law and optimizing employee benefit plans.
Martin D. Haverly, Attorney at Law Blog » ERISA & Employee Benefits
2M ago
Employee benefits play an important role in the lives of workers, offering financial security and peace of mind. The Employee Retirement Income Security Act significantly impacts these benefits. It ensures that employees receive fair treatment and protection. Pension plans ERISA sets standards for private pension plans. It mandates that employers need to provide information about plan features and funding. This helps employees to make informed decisions. Additionally, ERISA outlines the fiduciary responsibilities of plan managers. They need to act in the best interests of their participants. H ..read more
Martin D. Haverly, Attorney at Law Blog » ERISA & Employee Benefits
4M ago
As an employee, it is important to be aware of your rights and protections under the Employee Retirement Income Security Act. ERISA ensures that those responsible for managing your retirement funds act in your best interest. However, breaches of fiduciary duty can occur, potentially putting your retirement savings at risk. 1. Lack of transparency One of the most common signs of a potential ERISA fiduciary breach is a lack of transparency regarding your retirement plan. If you find it difficult to obtain clear and understandable information about your plan’s fees, investment options or performa ..read more
Martin D. Haverly, Attorney at Law Blog » ERISA & Employee Benefits
6M ago
The Employee Retirement Income Security Act is a federal law to protect employees participating in employer-sponsored benefit plans. However, several misconceptions surround ERISA, which can make it difficult to understand your rights and responsibilities. Understanding the truth behind these myths is essential for employees. Myth: ERISA only covers pensions You may have heard that ERISA only protects your pension. However, ERISA actually covers many benefits in addition to pension plans. It protects your employer-sponsored health, life and disability insurance. However, ERISA provides varying ..read more
Martin D. Haverly, Attorney at Law Blog » ERISA & Employee Benefits
8M ago
When facing the denial of an Employee Retirement Income Security Act claim, individuals often wonder about their options for appeal. ERISA governs employee benefit plans offered by employers, encompassing health insurance, disability benefits and retirement savings. To navigate this process effectively, it is important to know the steps to take. 1. Examine the denial letter The first step involves comprehending the reasons behind the denial. ERISA mandates that plan administrators provide written explanations for claim denials. Analyze this letter carefully to identify the specific issues or i ..read more
Martin D. Haverly, Attorney at Law Blog » ERISA & Employee Benefits
10M ago
The Employee Retirement Income Security Act of 1974 protects the rights of private industry employees by setting standards for health and retirement plans. The U.S. Department of Labor reported ERISA covers plans for about 141 million workers. By familiarizing themselves with these requirements, employers can ensure compliance. Employees should also be aware of their employers’ responsibilities to safeguard their rights. Furnish plan information One key obligation under ERISA is the provision to provide comprehensive plan information. Employers must furnish employees with clear details about t ..read more
Martin D. Haverly, Attorney at Law Blog » ERISA & Employee Benefits
11M ago
The Employee Retirement Income Security Act establishes standards to protect your retirement, health and other work-related benefits. If your Delaware employer fails to adhere to these standards, they might be committing ERISA violations. Recognizing these violations empowers you to safeguard your rights. This knowledge will provide you with the means to assess if your employer is breaching ERISA standards. Understanding ERISA and its purpose ERISA ensures that your employer upholds the terms of the plan it offers, provides you with plan information and manages the plan’s assets responsib ..read more
Martin D. Haverly, Attorney at Law Blog » ERISA & Employee Benefits
1y ago
The Employee Retirement Income Security Act of 1974 protects your retirement plan from abuse, fraud and mismanagement. Under ERISA, the people who manage your retirement plan have certain duties, including fiduciary responsibility. If you have a retirement account, you should understand what this means. Who are fiduciaries and what are their responsibilities? According to the U.S. Department of Labor, fiduciaries are the people or entities who are responsible for managing your retirement plan or providing investment advice for the plan. Fiduciaries may include trustees, administrators and comm ..read more
Martin D. Haverly, Attorney at Law Blog » ERISA & Employee Benefits
1y ago
ERISA violations affect retirees’ ability to maintain a good quality of life after their work life concludes. Like many legal issues, however, there is a statute of limitations. According to the American Bar Association, ERISA violations have a statute of limitations of six years. However, the issue becomes more complicated if the plaintiff has actual knowledge of the breach. What defines actual knowledge? If you have actual knowledge of the breach, the statute of limitations decreases from six to three years. Actual knowledge is not defined in the Employee Retirement Income Security Act. Ther ..read more
Martin D. Haverly, Attorney at Law Blog » ERISA & Employee Benefits
1y ago
American workers have benefits protection under the Employee Retirement Income Security Act (ERISA). According to the U.S. Department of Labor, ERISA demands that employers remain transparent with their benefits packages, own fiduciary responsibility over the assets and provide a process for grievances and appeals, among other regulations. ERISA covers retirement plans and some non-retirement benefits like healthcare. When employers neglect their ERISA responsibilities, you have grounds for a lawsuit. However, you might wonder what counts as a violation. See below for some potential ERISA viol ..read more
Martin D. Haverly, Attorney at Law Blog » ERISA & Employee Benefits
1y ago
Receiving a severance package should give you peace of mind that you will receive pay and benefits if you have to leave your job unexpectedly. However, some employers do not follow through with their promises. You might wonder if your severance package qualifies for protection under federal law. The Employee Retirement Income Security Act, commonly known as ERISA, protects workers who enter into voluntary health care and retirement plans provided by their employers. SHRM explains there are some circumstances when ERISA will step in if an employee has a problem. Whether a severance plan qualifi ..read more