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When May An Agent Act On Behalf Of An Erisa Plan Participant Or Beneficiary
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Book Synopsis When May an Agent Act on Behalf of an ERISA Plan Participant Or Beneficiary? by : Albert Feuer
Download or read book When May an Agent Act on Behalf of an ERISA Plan Participant Or Beneficiary? written by Albert Feuer and published by . This book was released on 2015 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses when a pension or welfare plan governed by the Employee Retirement Income Security Act of 1974, as amended ("ERISA") may, and when it must, comply with directions of an attorney in fact under a state-law power of attorney or court-appointed guardians. ERISA and the regulations thereunder do not explicitly address the appointment of agents with respect to the exercise of any rights on behalf of an individual participant or beneficiary other than the ability of an agent to pursue benefit claims on behalf of the agent's principal.This article argues that an ERISA plan must defer to any agent acting on behalf of a participant or beneficiary under a state-law power of attorney or guardianship to the extent the individual is unable to exercise those ERISA benefit rights so that the individual is not deprived of those rights. This is the case whether the disability is a result of the individual being a minor, being an illiterate, being physically disabled, or lacking mental capacity. Moreover, the applicable state relief laws to encourage the acceptance of such powers would also probably be applicable to ERISA plans because such provisions are needed for the effective administration of power of attorney state laws for a disabled participant that ERISA does not otherwise preempt. State law may authorize an individual to be the agent of an ERISA plan participant or beneficiary. This article discusses when ERISA permits such an individual, on behalf of the agent's principal, to: (1) pursue a benefit claim; (2) obtain plan or benefit information; (3) determine the time and form of benefit payment; (4) determine to whom the plan makes a benefit payment; (5) make beneficiary designations; (6) consent to the waiver of the principal's right to a spousal survivor benefit; (7) assign benefit rights and thereby create a beneficiary; (8) determine the amount, if any, of the principal's employee contributions to the plan; (9) obtain information about the principal's investment options; or (10) determine how to invest the principal's plan assets. The article also discusses when ERISA and the Health Insurance Portability and Accountability Act ("HIPAA") permit a state-law agent to (1) make healthcare decisions for the agent's principal in ERISA healthcare plans, or (2) obtain information from a healthcare plan, or a healthcare reimbursement plan.
Book Synopsis How Should ERISA Plans Handle Powers of Attorney and Court-Appointed Guardians and the Absence of Such Agents for Participants Lacking Capacity? by : Albert Feuer
Download or read book How Should ERISA Plans Handle Powers of Attorney and Court-Appointed Guardians and the Absence of Such Agents for Participants Lacking Capacity? written by Albert Feuer and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses when an ERISA plan may, and when it must, comply with directions of (1)an attorney in fact under a power of attorney, or (2) a court-appointed guardians. Such issues are not limited to cases in which an ERISA plan participant or beneficiary lacks the capacity to act on his or her own because a person able to act on his own may wish to appoint a third-party agent to act on his behalf, such as an investment manager. Moreover, lack of capacity may result not only from a participant's disability, but also if there is a dispute about the identity of the beneficiary or a gap between the time of the death of the participant and the time a beneficiary assumes those responsibilities. There are issues about the plan investment responsibilities for self-directed plans if the participant or beneficiary lacks capacity, but the plan has not accepted an agent appointed by such person when he had capacity. Administrators of employee benefit plans governed by ERISA, often have to deal with third-party agents who have been designated to act on behalf of participants and beneficiaries with respect to the certain aspects of the plans, including powers of attorney and court-appointed guardians. This article discusses (1) when a third party may act on behalf of an ERISA plan participant or beneficiary who may, but need not, be unable to act on his or her behalf, and (2) the responsibilities of an ERISA plan to a participant or beneficiary unable to act on his or her behalf if no third party is authorized to act on his or behalf. There may be issues regarding at least the following eight general rights: (1) to pursue a benefit claim; (2) to obtain plan and benefit information; (3) to make beneficiary designations; (4) to invest plan assets and to obtain information about the principal's investment options; (5) to select the time and form of benefit payment; (6) to assign benefit rights and thereby create a beneficiary; (7) to determine to whom the plan makes a benefit payment; and (8) to make employee contributions to the plan. Furthermore, there may be issues for ERISA healthcare plans about the authority of agents to make healthcare decisions for participants, and for healthcare reimbursement plans about the applicability of Health Insurance Portability and Accountability Act ("HIPPAA").
Download or read book QDROs written by and published by . This book was released on 1997 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Health Benefits Coverage Under Federal Law--. by :
Download or read book Health Benefits Coverage Under Federal Law--. written by and published by . This book was released on 2010 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis MEWAs, multiple employer welfare arrangements under the Employee Retirement Income Security Act (ERISA) by :
Download or read book MEWAs, multiple employer welfare arrangements under the Employee Retirement Income Security Act (ERISA) written by and published by . This book was released on 2003 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management Publisher : ISBN 13 : Total Pages :1202 pages Book Rating :4.F/5 ( download)
Book Synopsis Department of Labor's Enforcement of the Employee Retirement Income Security Act (ERISA) by : United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management
Download or read book Department of Labor's Enforcement of the Employee Retirement Income Security Act (ERISA) written by United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management and published by . This book was released on 1985 with total page 1202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Leigh V. Engle written by and published by . This book was released on 1983 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis SIMPLE IRA Plans for Small Businesses by :
Download or read book SIMPLE IRA Plans for Small Businesses written by and published by . This book was released on 2004 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fiduciary Law written by Tamar Frankel and published by . This book was released on 2011 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Book Synopsis Pension and Employee Benefits: ERISA law and regulations, related laws, proposed regulations by : United States
Download or read book Pension and Employee Benefits: ERISA law and regulations, related laws, proposed regulations written by United States and published by CCH Incorporated. This book was released on 2004 with total page 2224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor Standards Publisher : ISBN 13 : Total Pages :1316 pages Book Rating :4.:/5 (327 download)
Book Synopsis Oversight on ERISA, 1978 by : United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor Standards
Download or read book Oversight on ERISA, 1978 written by United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor Standards and published by . This book was released on 1978 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Employee's Guide to Health Benefits Under COBRA by :
Download or read book An Employee's Guide to Health Benefits Under COBRA written by and published by . This book was released on 2010 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Summary Plan Description Requirements Under ERISA by :
Download or read book Summary Plan Description Requirements Under ERISA written by and published by . This book was released on 1987 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Managed Care Contracting Handbook by : Maria K. Todd
Download or read book The Managed Care Contracting Handbook written by Maria K. Todd and published by CRC Press. This book was released on 2009-03-26 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managed care contracting is a process that frustrates even the best administrators. However, to ignore this complexity is to do so at your own expense. You don‘t necessarily need to bear the cost of overpriced legal advice, but you do need to know what questions to ask, what clauses to avoid, what contingencies to cover ... and when to ask a lawyer
Book Synopsis ERISA Law Answer Book by : John F. Buckley
Download or read book ERISA Law Answer Book written by John F. Buckley and published by . This book was released on 2003 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a practical how to approach, ERISA Law Answer Book places an emphasis on decision making as it focuses on questions commonly asked of pension and health plan advisors in connection with the administration of retirement programs. Rather than merely citing the Code and Regulations for authority and identifying cases which support the proposition or answer given, this work sets forth a discussion of case authorities which have dealt with the relevant situation at hand, and provides a careful analysis of how those cases apply. Key topics covered include: - Benefit arrangements subject to ERISA - Construing and interpreting ERISA plans - Notice, reporting, and disclosure - Plan funding - Plan distribution - Benefit accrual and vesting - Fiduciary duties and liabilities - Preemption - Standard of review - Bankruptcy.
Author :United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management Publisher : ISBN 13 : Total Pages :80 pages Book Rating :4.:/5 (318 download)
Book Synopsis The Department of Labor's Enforcement of the Employee Retirement Income Security Act (ERISA) by : United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management
Download or read book The Department of Labor's Enforcement of the Employee Retirement Income Security Act (ERISA) written by United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management and published by . This book was released on 1986 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
