ADA Amendment Act Passes House

Originally titled the “ADA Restoration Act of 2007,” the ADA Amendment Act of 2008 on June 25 passed the U.S. House of Representatives.

Law Provides Financial Assist for Employees in Military Reserves

On Tuesday June 17, President Bush signed into law a bill providing a safety net of employee benefit rights for people serving in the military reserves. The Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008 provides several benefits to reduce the financial sacrifices of military reservists who serve their country.

Supreme Court Rules on Discretionary Clauses

The Employee Retirement Income Security Act of 1974 (ERISA) permits a person denied benefits under an employee benefit plan to challenge that denial in federal court. Often the entity that administers the plan, such as an employer or an insurance company, both determines whether an employee is eligible for benefits and pays benefits out of its own pocket. The United States Supreme Court has decided that this dual role creates a conflict of interest; that a reviewing court should consider that conflict as a factor in determining whether the plan administrator has abused its discretion in denying benefits; and that the significance of the factor will depend upon the circumstances of the particular case.