Defendant's Attorney: Andrew Birkinsha
Description: Topeka, Kansas employment law lawyers represented Plaintiff who sued defendant on an E.R.I.S.A. wrongful failure to pay benefits.
he 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.
Outcome: 07/10/2023 26 ADR REPORT by Sun Life Assurance Company of Canada. ADR session held on: June 23, 2023 and conducted by Richard McLeod, Esq.. Results of ADR: Case settled at ADR. Status of litigation at time of ADR: Partial Discovery(Birkinsha, Andrew) (Entered: 07/10/2023)
07/10/2023 27 ORDER ADMINISTRATIVELY CLOSING CASE. Parties are to file a stipulation of dismissal by 8/11/2023. Signed by District Judge Toby Crouse on 7/10/2023. (ca) (Entered: 07/10/2023)