Self-Funded Employee Benefit Plans in California Retain their Discretion to Decide Benefits and Are Less Likely to be Subject to Discovery in ERISA Litigation

The Ninth Circuit Court of Appeals recently held that the Employee Retirement Income Security Act of 1974 (“ERISA”) preempts application of California’s anti-discretionary clause law to self-funded employee benefits plans. From a practical standpoint, the decision: (1) prevents courts from reviewing evidence outside the plan administrator’s decision, (2) limits claimants’ (plan participants or beneficiaries) ability to seek discovery in ERISA cases, and (3) requires courts to give greater deference to administrative decisions.

Campbell Litigation, P.C.October 5, 2017ERISA, 9th CircuitComment

The Uncertain Future of the DOL Fiduciary Rule and its Impact on ERISA Plans

A 2015 report by the White House Council of Economic Advisors found that retirement accounts were reduced $17 billion a year because of biased advice from financial advisors. The Department of Labor (“DOL”) Fiduciary Rule, set to be enacted this year, seeks to eliminate these losses by placing a fiduciary duty on financial professionals to put the interest of their clients first and eliminate conflict of interest trades – at least when it comes to pre-tax retirement accounts. However, the Rule, previously set to go into effect on April 10, 2017, is facing probable delay and possible rescission. This article provides background on the proposed Fiduciary Rule, discusses how it might impact company Employee Retirement Income Security Act (“ERISA”) plans and provides insight to the Trump Administration’s delay on the rule.

Campbell Litigation, P.C.April 6, 2017DOL Fiduciary Rule, DOL, Fiduciary, ERISAComment

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