Kristine Roth v. UNUM Life Insurance Company of America

Detroit, Michigan, insurance law lawyer represented the Plaintiff on an E.R.I.S.A. claim.



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ERISA, the Employee Retirement Income Security Act, is a federal law that sets minimum standards for employee benefit plans in private industry, such as health and retirement plans. It was created to protect the interests of plan participants and beneficiaries by requiring plans to be administered with high standards of conduct, providing them with information about their benefits, and giving them the right to sue for benefits and breaches of fiduciary duty. ERISA also requires employers to act as fiduciaries, meaning they must manage plan assets in the best interest of the employees.

Key aspects of ERISA



Fiduciary responsibilities:

Employers must act as fiduciaries, which means they are legally obligated to manage plan assets responsibly and in the sole best interest of plan participants.



Information and transparency:



Plans must provide participants with information about the plan's features and funding, and some information must be provided regularly and automatically.



Grievance and appeals:



ERISA requires that plans establish a process for participants to file grievances and appeal benefit denials.



Right to sue:



Employees have the right to sue for benefits and for breaches of fiduciary duty by plan administrators.



Pension plan protection:



It establishes the Pension Benefit Guaranty Corporation (PBGC) to guarantee payment of certain retirement benefits if a defined benefit plan fails.



Preemption of state laws:



ERISA generally preempts state laws that would otherwise regulate employee benefit plans, creating a uniform federal standard.



Applicability:



The law applies to private-sector employers that offer benefit plans, including unions, but excludes government and church plans.

Settled for an undisclosed sum and dismissed.