Nicki Burgess, et al. v. Aetna Health, Inc., et al.

Alexandria, Virginia employment law lawyer represented Plaintiff who sued Defendants on E.R.I.S.A. violation theories.



This case was filed in the Circuit Court of Stafford County, Virginia, CL22-1140 and was removed to federal court by Defendants.



"The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.



ERISA requires plans to provide participants with plan information including important information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; gives participants the right to sue for benefits and breaches of fiduciary duty; and, if a defined benefit plan is terminated, guarantees payment of certain benefits through a federally chartered corporation, known as the Pension Benefit Guaranty Corporation (PBGC).



In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws. ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans."



United States Department of Labor

06/02/2023 25 RESPONSE in Opposition re 23 MOTION to Alter Judgment OR MOTION to Amend/Correct 22 Order Dismissing Case, AND MOTION for Leave to File re 22 Order Dismissing Case, filed by Aetna Health Inc., Aetna Health Insurance Company, Aetna Health and Life Insurance Company, Aetna Life Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Champaign, Lauren) (Entered: 06/02/2023)