Author: Brenda B. Thompson
Thompson & Thompson
Attorneys at Law
Publisher: M. Lee Smith Publishers
Pages: 70
Price: $47
Benefits provision is easily one of the most complex and detailed aspects within the employment realm, this primarily due to its integration with state and federal legislation. Costly mistakes can involve high penalties being imposed upon the employer. This M. Lee Smith Report pinpoints ten of the most common benefits errors that often result in litigation and how to avoid making those mistakes.
My impression is that this report is targeted primarily to smaller companies that don´t have their own benefits administrator or HR employee that is well versed in benefits compliance and legislation. A manager who is also in charge of the regular HR functions would be an ideal candidate for purchasing this report.
This report is divided into 10 separate sections covering topics regarding the following legislation: ERISA, FMLA, COBRA, HIPAA, ADA, and ADEA to name a few. Some of the top ten benefits mistakes include: confusion around formally implementing an ERISA plan. ERISA is the primary overarching benefits law that basically covers all employee benefit plans. The first section of this report briefly explains what ERISA is and why it is important. The report also details why complying with ERISA requirements are extremely time consuming and "burdensome".
Section 2 covers what to do when the ERISA plan your company has, is actually not legally compliant or legally up to date. Some of the typical documentation errors in brief include: 1) not having any plan documentation, 2) failing to properly adopt your plan, and 3) improperly amending the plan. The author outlines each of these errors and others to assist companies in resolving possible current problems and proactively prevent others from occurring.
Section 3 is titled "Failing to Notify, Disclose, or Report". The author states that the most burdensome aspect of ERISA and "one of the most troublesome areas for employers" are the reporting and disclosure requirements. As numerous notifications and reports need to be provided to participants as well as beneficiaries, it is highly likely that some notices will fall through the cracks. This section is extremely useful as it details some of the most important notices to remember and the steps to go through to ensure that response notifications are sent in on time.
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Section 1: Having an ERISA Plan without knowing it |
Section 6: Not Following Proper Procedures for Claims & Appeals |
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Section 2: Not Having Plan Documents in Order |
Section 7: Sloppy COBRA Procedures |
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Section 3: Failing to Notify, Disclose, or Report |
Section 8: Letting Employees Pay Health Premiums on a Pre-Tax Basis Without First Adopting a Cafeteria Plan |
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Section 4: Acting as an Employer When you Should be Acting as a Plan Fiduciary |
Section 9: Improperly excluding "Part-time" Employees for Retirement Plan Participation |
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Section 5: Failing to Promptly Deposit Employee Contributions to the Plan |
Section 10: Interfering with an Employee´s ERISA Rights: Section 510 - a Trap for the Unwary. |
Brenda Thompson has written other M. Lee Smith reports and I really enjoy her writing style and clarity. In comparison to other reports produced by other law firms, Ms. Thompson is able to give readers an excellent understanding in a succinct and effective manner.
Each section is very well presented with clear topic demarcations and several bulleted lists detailing easy to remember important points. There are also review sections at the end of each chapter that provide a clear check list of all the key points previously outlined.
The main reason that I would recommend considering purchasing this report is primarily due to the confusion surrounding ERISA and legal compliance. The report although highly integrated with legalities, is based on administrative processes, providing rules and reasons for compliance, and gives readers the tools to understand how to remain benefits-associated litigation free.
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