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Back in November 1919, President Woodrow Wilson first proclaimed November 11 as “Armistice Day.” He noted that: “To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations.̶
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QUESTION: Our company, which is operating remotely during the COVID-19 pandemic, recently learned that an employee failed to inform us of his divorce, which occurred four months ago. Because our health plan does not cover divorced spouses except through COBRA, we would like to retroactively cancel the former spouse’s coverage back to the date of the divorce.
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Speaker: Susan Spencer, Principal of Spencer Communications
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Hampton v. Nat’l Union Fire Ins. Co., 2020 WL 5946967 (N.D. Ill. 2020). This case considered whether a benefits committee had properly delegated discretionary authority to a service representative to make an adverse benefit determination for accidental death benefits, so that the court could apply a deferential standard of review. It was undisputed that the committee (and named fiduciary) was granted complete administrative and discretionary authority over the plan.
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Jimenez v. Laborer’s Welfare Fund, 2020 WL 5979653 (N.D. Ill. 2020). Available at [link]. A participant in a union-sponsored health plan sued her union, and the welfare fund providing coverage, for sex discrimination, alleging that both violated Title VII by refusing to enroll her same-sex spouse in the plan. In this early proceeding, the court has refused the union’s motion to dismiss and has allowed the case to continue.
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