Joseph P. Yonadi, Jr.

The DOL Fiduciary Rule is Currently on Life Support

By: Joseph P. Yonadi, Jr. and Patrick J. Egan

In 2016, during the waning days of the Obama Administration, the U.S. Department of Labor (DOL) issued a regulation expanding the fiduciary definition to cover more individuals and entities that provide financial services to retirement arrangements (the “Fiduciary Rule”). Since day one, the Fiduciary Rule has been engulfed in controversy and litigation. Further, the Trump Administration has shown little affection for the regulation and has deferred and […]

2018-03-26T16:36:29+00:00 March 26th, 2018|0 Comments

Your Affordable Care Act Noncompliance May Result in Delayed Refunds

By: Joseph P. Yonadi, Jr. and Nancy R. Chawla

2018 Tax Filing Season May Yield First Taxpayer Casualties For Individual Affordable Care Act Reporting Noncompliance

In an online statement, the IRS has reported that the failure to address the health coverage requirements of the Affordable Care Act (ACA) can result in a taxpayer’s tax return being rejected or suspended from review. For the first time since the ACA was enacted, the IRS will begin to enforce […]

2018-02-28T15:48:19+00:00 February 28th, 2018|0 Comments

Ninth Circuit Clarifies State Laws Regulating Insurance Do Not Void Discretionary Clauses In Self-Funded ERISA Plans

By: Joseph P. Yonadi, Jr. and Nancy R. Chawla

The Ninth Circuit recently held discretionary clauses in a self-funded plan were valid and that California Insurance Code § 10110.6, banning discretionary clause relating to insurance, was preempted by ERISA when applied to a self-funded plan. Williby v. Aetna Life Ins. Co., 867 F.3d 1129 (9th Cir. 2017).

The employee benefit at issues was Boeing’s self-funded short-term disability plan (STD Plan), because it contained a discretionary clause. The […]

2017-11-07T15:53:30+00:00 November 7th, 2017|0 Comments

Oregon Retirement Program Faces Court Challenge

By: Joseph P. Yonadi, Jr. and Nancy R. Chawla

The ERISA Industry Committee (ERIC) has filed a lawsuit challenging the enforceability of the OregonSaves Retirement Program (OregonSaves). The ERISA Industry Committee v. Read, No. 3:17-cv-1605 (D. Or. Oct. 12, 2017).

Background: OregonSaves, a state-run retirement program, was established to help private-sector employees save more money. It mandates employers who do not sponsor a retirement program to participate in the program. Employers who sponsor a retirement program must […]

2017-10-26T09:37:46+00:00 October 26th, 2017|0 Comments

DOL Requests Extension of Final Disability Claims Rule To April 1, 2018

By: Joseph P. Yonadi, Jr.

On October 10th the Department of Labor (DOL) proposed to extend by 90 days the applicability date for the Final DOL Claims Procedure Regulations (Rule) from January 1, 2018 to April 1, 2018.

At the beginning of this year, the Final Rule went into effect on January 1, 2017.  However, the applicability was set for January 1, 2018 in order to give enough time to plan sponsors and claims administrators to update […]

2017-10-16T11:00:51+00:00 October 16th, 2017|0 Comments

Contraceptive Coverage Mandate Exemptions Expanded Under Interim Final Rules

By: Joseph P. Yonadi, Jr. and Nancy R. Chawla

Last week the Department of Treasury, U.S. Department of Labor, Department of Health and Human Services (Departments) published rules exempting employers from the contraceptive coverage mandate created under the Affordable Care Act.  As a result, hundreds of thousands of women stand to lose access to contraceptive services.

Background: One feature of the 2010 Affordable Care Act was the contraceptive coverage mandate. The mandate paved the way for women […]

2017-10-12T09:59:25+00:00 October 11th, 2017|0 Comments

Benefit Plan Discretionary Clauses Dealt A Blow In California

By: Joseph P. Yonadi, Jr. and Nancy R. Chawla

Last month, the Ninth Circuit dealt a blow to discretionary clauses contained within ERISA plans when it held that a California statutory provision that banned discretionary clauses was not preempted by ERISA. Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan (9th Cir. May 11, 2017).

Almost three decades ago, the U.S. Supreme Court created the rule that a de novo standard of review should apply to a denial […]

2017-10-26T09:49:44+00:00 July 21st, 2017|0 Comments