Retirement, Pension & Benefits

Spencer’s Benefits NetNews – July 21, 2017

  About this Newsletter The Spencer’s Benefits Reports is a summary of the week’s news items posted in the WHAT’S NEW pages of Spencer’s Benefits Reports Online. For questions regarding this email service, contact Customer Service at (800)449-9525. NetNews Subscription Want to receive these Newsletters via E-mail? Sign Up / Unsubscribe hr.cch.com Resources Online Store […]

Recordkeeping evidence leads Eleventh Circuit to conclude that former employer met COBRA obligations

A former employer’s motion for summary judgment on a COBRA claim was affirmed by the Eleventh Circuit U.S. Court of Appeals based on its ample evidence of recordkeeping practices. The court added that, even if the former employee never received his COBRA notice, the former employer had met its COBRA obligations. The Eleventh Circuit’s decision […]

Texas Supreme Court: Obergefell did not address same-sex benefits for municipal workers, so ‘neither will we’

Finding that the U.S. Supreme Court did not specifically address the issue in its 2015 ruling in Obergefell v. Hodges, the Texas Supreme Court declined to address whether the City of Houston could grant benefits to the same-sex spouses of city workers and sent the case back down to the trial court for further proceedings. […]

Court erred in finding benign mass on foot could not be ‘serious health condition’ under FMLA

Post-operative appointments for wound care constituted “continuing treatment” of an employee’s benign growth on her foot, which was surgically removed, held the Second Circuit. Vacating summary judgment against her claim that she was fired in retaliation for taking FMLA leave, the appeals court also found that her employer failed to prove her condition did not […]

Pension & Benefits NetNews – July 18, 2017

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Employers view consumer directed healthcare offerings as critical to their future success

With 60 million CDH accounts in the market as of 2016 and an 11% estimated compound annual growth rate (CAGR) from 2014 to 2020, 86 percent of brokers and 74 percent of employers rate consumer directed healthcare (CDH) to be a critical component of their future benefits strategies and an essential tool to combat the […]

Timing of layoff maximized employee’s benefits, so no pregnancy bias or FMLA retaliation

Granting summary judgment against a former MetLife employee’s state-law pregnancy discrimination and FMLA claims, a federal district court in Rhode Island pointed out that her layoff was timed to maximize her benefits, it was undisputed that she was the most junior person in her department, she was not replaced after her layoff, the others laid […]

Spencer’s Benefits NetNews – July 14, 2017

  About this Newsletter The Spencer’s Benefits Reports is a summary of the week’s news items posted in the WHAT’S NEW pages of Spencer’s Benefits Reports Online. For questions regarding this email service, contact Customer Service at (800)449-9525. NetNews Subscription Want to receive these Newsletters via E-mail? Sign Up / Unsubscribe hr.cch.com Resources Online Store […]

Suspending employee upon return from FMLA leave, firing her after skipped meeting, did not show retaliation

Though the timing of adverse actions taken against an administrative assistant was suspicious-as she was suspended for purported misconduct the day she returned from her FMLA leave and fired after she skipped her disciplinary meeting-she was unable to revive her FMLA retaliation claim. She may have disagreed with the decision, but there was no evidence […]

Repeal of ACA preexisting condition rules could leave millions of newly insured without coverage

The Republicans’ proposals to replace the preexisting condition rules (sections 1101, 1331, 1341, and 1501) of the Patient Protection and Affordable Care Act (ACA) with states’ high-risk pools for individuals who would be denied insurance coverage or charged higher rates in the individual insurance market “will be insufficient to maintain the health care access gains […]