Life, Health and Welfare Benefits

In part because of our extensive tax and insurance practices, we have advised on issues involving welfare benefits over a substantially longer period than most law firms.  Accordingly, we are thoroughly familiar not only with traditional life and health benefit programs, but also with the various forms of split-dollar life insurance, flexible benefits ("cafeteria") plans, post-retirement life and medical benefits, voluntary employees' beneficiary association ("VEBA") trusts, severance and vacation pay programs, and other similar arrangements.

We are frequently called on to address special problems in this area.  Recent examples include the following:
  • Issues concerning post-retirement medical benefits, including the opportunity to revise those benefits and the tax and legal efficacy of all the major formal and informal funding mechanisms in current use.
  • The use of VEBAs and multiple employer arrangements to provide full or partial self-insurance of health and life benefits and for other purposes.
  • The scope of federal preemption of state laws as they pertain to insured and partially insured plans, including coordination of benefits and mandated benefits requirements, and state regulation of multiple employer welfare arrangements.
  • Group universal life insurance programs.
  • COBRA claims and requirements.
  • Application of the Medicare primary/secondary rules to working aged and certain other employees covered by employer health plans.
  • The implications of legislative changes or proposals affecting health and other welfare plans for employers, insurers, providers and other interested parties.