Introduction to ERISA The Employee Retirement Income Security Act (“ERISA”) of 1974 is a complex federal statute which regulates most employer sponsored disability, health and pension plans. Employer sponsorship means that the employer made such plans available to their employees whether or not the employer funded the plans or contributed towards the payment of plan premiums. ERISA litigation most often occurs in federal court and the process can be complex and time consuming.
In addition, ERISA is a preemptive statute which means that it “ trumps” any state laws relating to these types of benefit plans. As a result, most American employees will be affected by the statute when they file for plan benefits or seek legal recourse when benefits are denied or terminated. Frequently, employees find that ERISA can be a daunting hurdle to successfully obtaining plan benefits because the statute imposes strict requirements on all aspects of the claims process, and the failure to adhere to these requirements can result in the denial of an otherwise valid claim.
Bruce A. Tischler, Esq. primarily practices in the area of ERISA and individual insurance litigation. He welcomes the opportunity to speak with you regarding your benefits claim.
2503 Del Prado Blvd., Suite 402 Cape Coral, Florida Office 239 573 7400 Fax 239 573 7404
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