The Employee Retirement Income Security Act of 1974 was designed for use as a guideline when workers in New Jersey and around the country claim benefits with private retirement and insurance plans. Individuals who may be included in this group vary widely among...
ERISA
Can you appeal an ERISA denial?
New Jersey workers who have become disabled may file an ERISA claim. ERISA stands for the Employee Retirement Income Security Act. This law works to enact standards for self-funded private health care benefit plans, including how they're administered, how financial...
How do you know if your retirement plan is covered by ERISA?
In 1974, the Employee Retirement Income Security Act was passed to help protect employee retirement assets in New Jersey and all other states. ERISA doesn't cover all retirement programs. Instead, there are specific programs that workers must have to receive the...
ERISA disability claims, fiduciaries and the statute of limitations
A long-standing judicial struggle exists regarding the application of the statute of limitations in cases involving a breach of fiduciary duty under the Employee Retirement Income Security Act. The U.S. Court of Appeals for the 9th Circuit has addressed the issue of...
What to do about your ERISA Disability Claim in New Jersey
ERISA, otherwise known as the Employee Retirement Income Security Act, protects your disability benefits by setting standards for your employer’s benefits plan. If your disability claim gets unjustly denied, it may be necessary to file a federal lawsuit under ERISA....
Department of Labor posts new rules for ERISA plan fiduciaries
The Department of Labor recently revised regulations regarding provisions concerning ERISA plan fiduciaries. These new guidelines revolve around shareholder rights such as proxy voting. The new rules impact New Jersey's economic and pecuniary systems. ERISA...
Service providers to ERISA health plans face new disclosure rules
People in New Jersey participating in health plans operating under the terms of the Employee Retirement Income Security Act (ERISA) can expect their plan fiduciaries to know more about what they are paying for. The Consolidated Appropriations Act of 2021 called for...
Who is an ERISA fiduciary, and why does it matter?
Many New Jersey workers have an employer-established plan that provides them with money after their retirement or when they become unable to work. Examples include Internal Revenue Code Section 401(a) pension or profit-sharing plans, Section 403(b) plans, and Section...
What you need to know about filing an ERISA disability claim
In New Jersey and around the country, employees rely on disability benefits to financially sustain them should they become injured or sick and unable to perform their duties at work. However, for many applicants, applying for disability benefits can take years to...
Common myths about ERISA
While ERISA sets the standards for employer-provided health care in New Jersey, it doesn't mean that your claim will automatically be approved. You'll still have to prove that your injury or disability is directly related to your occupation. Here are some of the most...