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Employee Benefits Guide

The Employee Benefits Guide is all anyone needs to understand and implement employee benefits plans.


Availability: In Stock
Publisher :Matthew Bender
Format: 2 Volumes; Loose-leaf; updated with revisions. , BOOK
ISBN: 9780820515748
2004
  $459.00
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    Two volumes by experts in the field of employee benefits, providing detailed analysis of the relevant statutes, regulations, case law, and opinion letters.

    Volume 1: ERISA, COBRA, Other Laws

  • ERISA Coverage
  • ERISA Reporting and Disclosure
  • Qualified Employee Pension Plans
  • Nonqualified Employee Pension Plans and Deferred Compensation Arrangements
  • Protecting Pension Plan Benefits
  • ERISA Administration and Enforcement
  • Continuation Coverage Under Group Health Plans (COBRA)
  • Other Federal Laws Affecting Employee Welfare Benefit Plans
  • Alternative Health Care Delivery Systems
  • Cafeteria Plans

    Volume 2: Fiduciary Responsibility Under ERISA

  • Introduction
  • Who Has Fiduciary Responsibility
  • The Duty of Prudence
  • Diversification and Non-Delegation
  • The Duty of Loyalty
  • Prohibited Transactions
  • Prohibited Transaction Exemptions
  • Remedies and Sanctions
  • Procedural Matters
  • The Fiduciary Life

    Also Included:

    Appendices – Selected DOL Regulations Relating to Fiduciary Responsibility
    Glossary
    Table of Cases
    Detailed Index

    First published in 1991.

    •  

    Bacon, David L.


    DAVID L. BACON is a senior partner in the Los Angeles office of Thelen Reid & Priest LLP and specializes in employment law, employee benefits, and ERISA litigation, as well as securities litigation and appellate work. He is admitted to the bar in California. He is the lead author of Matthew Bender¿s Employee Benefits Guide, a two-volume publication, and the lead author of Pension and Benefits, Volume 6 of Matthew Bender¿s Labor and Employment Law, an eleven volume series. He also serves on the Editorial Board of Bender¿s Labor & Employment Bulletin. He is a member of the American College of Employee Benefits Counsel. He is a graduate of Harvard Law School (J.D. 1968) and Harvard University (A.B. 1965, Phi Beta Kappa), and has written and lectured extensively in the areas of employee benefits and ERISA litigation. In addition, he has been involved in securing a number of precedent-setting ERISA decisions at the U.S. Supreme Court and Courts of Appeals levels. These decisions include: Massachusetts Mutual Life Ins. Co. v. Russell, 473 U.S. 134 (1985) (ERISA bars recovery of punitive damages and damages for emotional distress)(of counsel); Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41 (1987) (ERISA preempts state law breach of contract and tort claims involving insured ERISA plans) (of counsel); Oleszko v. State Compensation Insurance Fund, 243 F.3d 1154 (9th Cir. 2001), cert. denied 534 U.S. 892 (2001) (upholding confidentiality of Employee Assistance Programs under federal law) (counsel of record for employer); Gelardi v. Pertec Computer Corp., 761 F.2d 1323 (9th Cir. 1985) (ERISA bars suit against employer-sponsor and third-party administrator) (counsel of record); Kanne v. Connecticut General Life Ins. Co., 867 F.2d 489 (9th Cir. 1988) (as amended 1989), cert. denied, 492 U.S. 906 (1989) (ERISA preempts insurance claims-handling regulation under state statutes) (counsel of record); Commercial Life Ins. Co. v. Superior Court, 47 Cal. 3d 473 (1988), cert. denied, 490 U.S. 1075 (1989) (ERISA preempts state claims-handling regulations) (co-counsel); Snow v. Standard Ins. Co., 87 F.3d 327 (9th Cir. 1996) (court erred in failing to give appropriate deference to ERISA fiduciary¿s decision) (counsel of record). Mr. Bacon also was co-counsel before the U.S. Supreme Court in UNUM Life Ins. Co. of America v. Ward, 526 U.S. 358 (1999) (ERISA does not preempt California notice-prejudice rule, but preempts common-law agency rule making employer the insurance company¿s agent in administering a group policy), and he was counsel of record before the U.S. Supreme Court in Wien & Malkin v. Helmsley-Spear, Inc., 540 U.S. 801 (2003) (summary disposition in case involving application of Federal Arbitration Act to management dispute involving key New York City properties, including Empire State Building).

     

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