Cannon v. Blue Cross & Blue Shield of Mass., No. 24-1862, __ F. 4th __, 2025 WL 855194 (1st Cir. Mar. 19, 2025) (Before Circuit Judges Aframe, Lynch, and Howard)
As our readers undoubtedly know, ERISA contains a notably broad preemption provision designed to ensure that, for the most part, employee benefits are
Unlike employee contributions, employer contributions to 401(k) plans do not immediately vest, but instead do so under plan and ERISA vesting provisions, generally after three to five years of service with the employer. What happens to these contributions when employees leave covered employment before that time is at the center of numerous recently-filed lawsuits, including
Smith v. UnitedHealth Grp., No. 23-2369, __ F. 4th __, 2024 WL 3321646 (8th Cir. Jul. 8, 2024) (Before Circuit Judges Colloton, Erickson, and Kobes)
Cross-plan offsetting is a controversial practice – sometimes referred to as “self-help” for third-party administrators of healthcare plans and, alternatively, “robbing Peter to pay Paul” – to which plan