Laws Affecting Benefits

SOCIAL SECURITY ACT (1935)
Establishes a system for providing pension benefits and unemployment benefits.

EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) (1974)
Establishes standards for administering employee benefit plans including disclosure and reporting requirements.

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA) (1985)
Requires that employees or dependents be offered continuation of benefits under certain circumstances.

OLDER WORKERS BENEFIT PROTECTION ACT (OWBPA) (1990)
Prohibits discrimination against employees based on age in all employee benefit programs except when age based reductions in coverage are justified by significant cost considerations.

FAMILY AND MEDICAL LEAVE ACT (1993)
Requires provision of up to a total of 12 weeks per year of job protected leave to eligible employees to care for the employee's child after birth, adoption or foster care; to care for employee's spouse, child or parent with a serious health condition; or for the employee's serious health condition which prevents employee from performing his or her job. To be eligible, employee must have been employed for at least one year, must have worked 1250 hours in the previous 12 months and must provide 30 days notice under most conditions.

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) (1996)
Guarantees that employees and their dependents who leave an employer's group health plan will have ready access (except as universally restricted) to coverage under the subsequent employer's health plan, regardless of their health or prior claims experience. Limits pre-existing condition exclusions to one year, in most cases, less periods of continuous coverage under the previous plan.

 

 

 

 
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