Employee Retirement Income Security Act (ERISA) Claims

The Employee Retirement Income Security Act (ERISA) is a federal law that sets uniform minimum standards for health plans and pension established by private employers in order to provide protection for individuals in these plans. ERISA seeks to assure that employee benefit plans are set and maintained in a fair and financially sound manner by requiring employers and administrators of the plans to:

  • Fund benefits in accordance with the law and plan rules
  • Report and disclose information on plan and financial conditions of plan to government and participants
  • Manage plans for the exclusive benefit of participants and refrain from conflict-of-interest transactions
Amendments to ERISA have expanded the protections available to health benefit plan participants and beneficiaries. For example, the Consolidated Omnibus Budget Reconciliation Act (COBRA) is an amendment to ERISA that provides some workers the right to continue their health coverage for a limited time after the loss of a job. Other important amendments include the Health Insurance Portability and Accountability Act (HIPAA), the Newborns’ and Mothers’ Health Protection Act, the Mental Health Parity Act, and the Women’s Health and Cancer Rights Act.

Employers have the fiduciary obligation to provide promised benefits and satisfy ERISA’s requirements for managing and administering private pension and welfare plans. If such obligations are not met, participants may have the right to sue for benefits and breaches of fiduciary duty.

If you are encountering issues regarding your employer’s questionable administration of ERISA plans, it may be best that you contact an attorney to help you through these complex employment issues.

We have the expertise to help you and we will be pleased to meet with you. There is no charge for the initial interview, where we will determine whether we believe we can help you, and where you will have the opportunity to decide whether you wish to invite us to do so.