Benefits
Experience: ERISA experience includes serving as arbitrator in an American Arbitration Association (AAA) case involving benefits payable under an executive retirement top hat plan. The primary issue was the effect, if any, of a break in service and subsequent rehire on the definition of credited service under the plan. Claimant prevailed in the case based on, among other things, federal appellate court legal precedent regarding an abuse of discretion by plan administrators. Also served on an AAA case involving an alleged ERISA Sec. 501 violation and a claim of ADA discrimination. Eighth Circuit precedent was applied in formulating an award on ERISA claim. Also served on an AAA employment contract dispute case between a corporate executive and the company. The case involved the adjudication of liability for 401K contributions. Other decided matters include compensation issues under employer plans affecting terminated or relocated employees. Experience regarding employee benefits under collective bargaining agreements includes the following: union/management grievance arbitration over mid-term change in health care benefits affecting a PPO, in which union alleged unilateral action and adverse impact on bargaining unit; union/management grievance arbitration over negotiated contributions to union health and welfare fund where the dispute involved calculation of proper contributions attributable to overtime pay; union/management grievance arbitration over negotiated reimbursement if new health insurance program was not implemented within a fixed time frame; union/management grievance arbitration over change in prescription drug benefits under medical insurance plan; and union/management grievance arbitration over successor employer liability for a pension benefit. Also mediated ERISA collection case to settlement.
Fees: Available Upon Request. Cancellation Charges Apply.