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Employee Retirement Income Security Act (ERISA) Claims

The Employee Retirement Income Security Act (ERISA) protects employees in health and pension plans. This Federal law regulates the establishment and maintenance of health and plans by setting minimum standards that all private employers must meet when providing these plans.

Under ERISA, employers and plan administrators must:

  • Refrain from conflict-of-interest transactions and manage plans solely for the benefit of participants;
  • Fund benefits in accordance with the law and plan rules; and
  • Report on and disclose information on the plan and its financial conditions to the government and plan participants.

Subsequent to the enactment of ERISA, several amendments were added to further protect participants in, and beneficiaries of, health benefit plans. The Consolidated Budget Reconciliation Act (COBRA) amended ERISA to give certain employees the right to extend their health care coverage for a limited period of time after losing their jobs. In 2009, The American Recovery and Reinvestment Act of 2009 (ARRA) amended ERISA to reduce employees’ COBRA premiums in some instances. This reduction is available to individuals who have experienced a “qualifying event” and who were involuntarily terminated between September 1, 2008 and December 31, 2009.

It is an employer’s fiduciary duty to satisfy ERISA’s requirements and furnish promised benefits to employees. If your employer fails to do so, you may have the right to sue for benefits and breach of fiduciary duty. ERISA and its amendments are complex. If you are experiencing problems with respect to your employer’s administration of ERISA plans, contact Sidney L. Gold & Associates, P.C. online, or call 1-215-569-1999 for a free consultation with one of our highly qualified Philadelphia employment lawyers.

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* The awards and accolades displayed on this website were issued to the attorneys, or the entire law firm by the respective providers of these honors. They are as follows, Avvo Inc., Super Lawyers®, Martindale Hubbell Peer Review Rated, ASLA 2019 Top 100 Lawyers, Million Dollar Advocates Forum, Legal Leaders Top Rated Lawyers 2018, Bar Register Preeminent Lawyer 2019, Happening List Winner 2019, BBB Accredited Business, National Association of Distinguished Counsel Top 1 Percent 2017, America's Top 100 Attorneys, The Employee Rights Advocacy Institute for law and policy 2017-2018, Best Lawyers 2019, Lead Counsel Rated, Top Employment Lawyers in Philadelphia, Association of American Trial Lawyers Top 100 in 2019 and Martindale Hubbell Client Champion Silver 2019. No aspect of these advertisements have been approved by the Supreme Court of New Jersey.