CopyCited 460 times | Published | Court of Appeals for the Eleventh Circuit | 3 Employee Benefits Cas. (BNA) 2122, 1982 U.S. App. LEXIS 24826
II. 5 ERISA § 3(1), 29 U.S.C. § 1002(1), defines "employee welfare benefit plan" or "welfare
CopyCited 160 times | Published | Court of Appeals for the Eleventh Circuit | 2001 WL 91380
welfare benefit plan within the meaning of 29 U.S.C. § 1002(1) was established. In its contract with EHI, Software
CopyCited 143 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 7367
“employee welfare benefit fund” under 29 U.S.C. § 1002(1), was self-funded by NRC, which paid the cost
CopyCited 139 times | Published | Court of Appeals for the Eleventh Circuit | 8 Employee Benefits Cas. (BNA) 1033, 1987 U.S. App. LEXIS 1161, 55 U.S.L.W. 2407
accident, disability, [or] death____ 29 U.S.C.A. § 1002(1). Established by Parisian in order to provide
CopyCited 131 times | Published | Court of Appeals for the Eleventh Circuit | 48 Employee Benefits Cas. (BNA) 1674, 2009 U.S. App. LEXIS 28773, 2009 WL 5126236
benefit plans" governed by ERISA. See 29 U.S.C. § 1002(1). Rutt and Egan participate in Anthem's network
CopyCited 124 times | Published | Court of Appeals for the Eleventh Circuit | 13 Employee Benefits Cas. (BNA) 2137, 1991 U.S. App. LEXIS 5883, 59 U.S.L.W. 2664
Wright, Jr., President 4 . 29 U.S.C. § 1002(1) provides: The terms "employee welfare
CopyCited 116 times | Published | Court of Appeals for the Eleventh Circuit | 28 Employee Benefits Cas. (BNA) 1379, 1999 U.S. App. LEXIS 8770
benefits through an insurance policy. 29 U.S.C. § 1002(1); see also Donovan v. Dillingham, 688
CopyCited 108 times | Published | Court of Appeals for the Eleventh Circuit | 1999 WL 288123
benefits through an insurance policy. 29 U.S.C. § 1002(1); see also Donovan v. Dillingham,
688 F.2d 1367 CopyCited 90 times | Published | Court of Appeals for the Eleventh Circuit | 3 Employee Benefits Cas. (BNA) 2122
benefit plans exist. II. ERISA § 3(1), 29 U.S.C. § 1002(1), defines “employee welfare benefit plan” or “welfare
CopyCited 89 times | Published | Court of Appeals for the Eleventh Circuit | 18 Employee Benefits Cas. (BNA) 2554, 1994 U.S. App. LEXIS 26829, 1994 WL 486753
is covered by ERISA. See 29 U.S.C. § 1002(1) (1988); Donovan v. Dillingham, 688
CopyCited 79 times | Published | Court of Appeals for the Eleventh Circuit | 20 Employee Benefits Cas. (BNA) 1729, 1996 U.S. App. LEXIS 20848, 1996 WL 468471
death or unemployment.... Id. at § 1002(1). 6 . Senator Javits commented:
CopyCited 53 times | Published | Court of Appeals for the Eleventh Circuit | 56 U.S.L.W. 2279, 8 Employee Benefits Cas. (BNA) 2641, 1987 U.S. App. LEXIS 12747
employee welfare benefit plan under ERISA, 29 U.S.C. § 1002(1) which provides: The terms ‘employee welfare
CopyCited 53 times | Published | Court of Appeals for the Eleventh Circuit | 20 Employee Benefits Cas. (BNA) 2814, 1997 U.S. App. LEXIS 6505
services.... 27 29 U.S.C.A. § 1002(1) (West Supp.1996) (emphasis added). In other
CopyCited 49 times | Published | Court of Appeals for the Eleventh Circuit
sickness, accident, disability or death. 29 U.S.C. § 1002(1); Pilot Life Ins. Co. v. Dedeaux, 481
CopyCited 49 times | Published | Court of Appeals for the Eleventh Circuit | 16 Employee Benefits Cas. (BNA) 1737, 1993 U.S. App. LEXIS 3066, 61 Empl. Prac. Dec. (CCH) 42, 079, 1993 WL 30299
benefit plan within the meaning of ERISA, 29 U.S.C. § 1002(1) (“the Plan”). 2 The Plan provided
CopyCited 49 times | Published | Court of Appeals for the Eleventh Circuit | 17 Employee Benefits Cas. (BNA) 2433, 1994 U.S. App. LEXIS 2199, 1994 WL 28531
event of sickness, [or] accident....” 29 U.S.C. § 1002(1)(A). Both case law and Department of Labor
CopyCited 46 times | Published | Court of Appeals for the Eleventh Circuit
benefit plan" governed by ERISA, see 29 U.S.C. § 1002(1)(A), as well as a "group health plan," see id
CopyCited 45 times | Published | Court of Appeals for the Eleventh Circuit | 38 Employee Benefits Cas. (BNA) 2537, 2006 U.S. App. LEXIS 23691, 2006 WL 2660931
benefits through an insurance policy. 29 U.S.C. § 1002(1); see Donovan v. Dillingham, 688 F
CopyCited 45 times | Published | Court of Appeals for the Eleventh Circuit
surgical, or hospital care or benefits...." 29 U.S.C. § 1002(1), (3). The Funds argue that our prior ERISA decisions
CopyCited 37 times | Published | Court of Appeals for the Eleventh Circuit | 12 Fed. R. Serv. 3d 197, 1988 U.S. App. LEXIS 13552, 1988 WL 93979
death or unemployment ... benefits...." 29 U.S.C. § 1002(1)(A). 3 . An exception to this rule
CopyCited 33 times | Published | Court of Appeals for the Eleventh Circuit | 16 Employee Benefits Cas. (BNA) 2037, 1993 U.S. App. LEXIS 7508, 1993 WL 85729
Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1002(1). We hold that it does. Plaintiffs-appellants
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 9790, 2002 WL 1040194
employee welfare benefit plan as defined in 29 U.S.C. § 1002(1). It provides short and long term disability benefits
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 30 Employee Benefits Cas. (BNA) 1520, 2003 U.S. App. LEXIS 7070, 2003 WL 1870321
sickness, accident, [or] disability.” 29 U.S.C. § 1002(1). ERISA also broadly preempts state laws relating
CopyCited 27 times | Published | Court of Appeals for the Eleventh Circuit | 21 I.E.R. Cas. (BNA) 669, 32 Employee Benefits Cas. (BNA) 2318, 2004 U.S. App. LEXIS 9360, 2004 WL 1067788
in the event of ... disability. 29 U.S.C. § 1002(1) (emphasis added). “By definition, then, a welfare
CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit | 22 Employee Benefits Cas. (BNA) 2688, 1999 U.S. App. LEXIS 1358, 1999 WL 43228
accident, [or] disability. ... 29 U.S.C. § 1002(1). In Donovan v. Dillingham, 688 F.2d
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 1990 WL 91638
plan is a welfare benefit plan under 29 U.S.C. § 1002(1) and not a pension plan under 29 U.S.C. § 1002(2)
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 3 Employee Benefits Cas. (BNA) 1073, 1982 U.S. App. LEXIS 21622
carrier, asserting jurisdiction under 29 U.S.C.A. § 1002(1) (West 1975). The district court held that SMET
CopyCited 12 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 9, 1995 Fla. LEXIS 4, 1995 WL 2421
employee benefit plan as defined in 29 U.S.C. § 1002(1) and, therefore, should be regulated by ERISA
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1994 WL 556079
Security Act of 1974 as amended (“ERISA”), 29 U.S.C. § 1002(1). Both policies, standing alone, provide
CopyCited 9 times | Published | District Court, M.D. Florida | 4 Am. Disabilities Cas. (BNA) 462, 1995 U.S. Dist. LEXIS 4993, 1995 WL 224811
disability, death or unemployment...." 29 U.S.C. § 1002(1). Bill Currie Ford has not alleged that it did
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 38 Employee Benefits Cas. (BNA) 1829, 2006 U.S. App. LEXIS 19161, 2006 WL 2097075
or maintained by an employer.” 29 U.S.C. § 1002(1) (emphasis added). Because a covered plan is defined
CopyCited 7 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 695, 1997 WL 26760
benefits, including medical insurance. 29 U.S.C. § 1002(1). The Eleventh Circuit has analyzed the statutory
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 41 Employee Benefits Cas. (BNA) 1856, 2007 U.S. App. LEXIS 20628
plan within the meaning of ERISA. See 29 U.S.C. § 1002(1). The Plan document designates Coca-Cola as the
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
“employee welfare benefit fund” under 29 U.S.C. § 1002(1), was self-funded by NRC, which paid the cost
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 3 Employee Benefits Cas. (BNA) 1073
carrier, asserting jurisdiction under 29 U.S.C.A. § 1002(1) (West 1975). The district court held that SMET
CopyCited 4 times | Published | District Court, S.D. Florida | 1989 U.S. Dist. LEXIS 10190, 1989 WL 99546
extraordinarily broad scope of this statute is seen in § 1002(1) which provides: The terms "employee welfare benefit
CopyCited 4 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 6882, 1996 WL 199825
Retirement Income Security Act ("ERISA"). See 29 U.S.C. § 1002(1), (3), (5), (7), (8); Pretrial Stipulation ["PTS"]
CopyCited 3 times | Published | District Court, S.D. Florida | 2000 U.S. Dist. LEXIS 21008
the administration of such plan. [4] 29 U.S.C. § 1002(1) defines an ERISA-covered plan as follows: any
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 56 U.S.L.W. 2343
disability, death or unemployment.... 29 U.S.C. § 1002(1). . ERISA section 502(a)(1)(B), set forth in
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1912, 1985 Fla. App. LEXIS 15204
their financial soundness. [7] Under 29 U.S.C. § 1002(1), an employee welfare benefit plan is one which
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 9295, 2017 WL 2781591
...ncsl.org/research/health/school-immunization-exemption-statelaws.aspx ("All 50 states have *1244 legislation requiring specified vaccines for students.”). . The statutory definition notes that a "private school may be a parochial, religious, denominational, for-profit, or nonprofit school.” § 1002.01(2), Fla....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
plan within the meaning of ERISA. See 29 U.S.C. § 1002(1). The Plan document designates Coca-Cola as the
CopyCited 1 times | Published | District Court, M.D. Florida
employee welfare benefit plans. See 29 U.S.C. § 1002(1). The five elements of an employee welfare benefit
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
in an ERISA welfare benefit plan. See 29 U.S.C. § 1002(1) ("The terms `employee welfare benefit plan' and
CopyCited 1 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 21324
disability, death or unemployment.... 29 U.S.C. § 1002(1). The Eleventh Circuit has held that "a plan,
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
death or unemployment,.... Id. at § 1002(1). 6 Senator Javits made the following
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
of preemption policy was necessary.6 Id. at § 1002(1). 6 Senator Javits made the following
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
Income Security Act of 1974 (“ERISA”), 29 U.S.C.A. § 1002(1). An employee welfare benefit plan which “is subject
CopyPublished | Court of Appeals for the Eleventh Circuit | 1990 WL 129265
found in the definition provided by 29 U.S.C.A. § 1002(1): (1) The terms “employee welfare benefit plan”
CopyPublished | Florida 2nd District Court of Appeal | 34 Employee Benefits Cas. (BNA) 1048, 2004 Fla. App. LEXIS 13446, 2004 WL 2008467
2d 1367, 1370 (11th Cir. 1982). Under 29 U.S.C. § 1002(1), an employee welfare benefit plan is defined
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 WL 1587660
plan as defined under § 3(1) of ERISA, 29 U.S.C. § 1002(1). 4 The Plan originated in 1992 and
CopyPublished | Court of Appeals for the Eleventh Circuit
3 29 U.S.C. § 1002(1).4 The Plan originated in 1992 and provided for
CopyPublished | District Court of Appeal of Florida | 15 Employee Benefits Cas. (BNA) 1985, 1992 Fla. App. LEXIS 5205, 1992 WL 91417
Income Security Act of 1974 (“ERISA”), 29 U.S.C. Section 1002(1) and that appellee had established that she
CopyPublished | District Court, M.D. Florida | 38 Employee Benefits Cas. (BNA) 1787, 2006 U.S. Dist. LEXIS 14834
funds, or prepaid legal services. . . . 29 U.S.C. § 1002(1). The Eleventh Circuit has stated that an employee
CopyPublished | Court of Appeals for the Eleventh Circuit | 2006 WL 784782
plan” governed by ERISA, see 29 U.S.C. § 1002(1)(A), as well as a “group health plan,” see
CopyPublished | Court of Appeals for the Eleventh Circuit
” and hence subject to ERISA, see 29 U.S.C.A. § 1002(1) (West 1985), the ERISA "savings clause” expressly
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 8033
surgical, or hospital care or benefits.” 29 U.S.C. § 1002(1, 3). Plaintiffs in ERISA actions must exhaust
CopyPublished | Court of Appeals for the Eleventh Circuit
welfare benefit plan. See 29 U.S.C. § 1002(1) ("The terms 'employee welfare benefit plan’ and
CopyPublished | Florida 5th District Court of Appeal
arguing that Appellee "violated Chapter 10, Section 1002.1 of the Florida Building Code, by placing the
CopyPublished | Florida 5th District Court of Appeal
arguing that Appellee "violated Chapter 10, Section 1002.1 of the Florida Building Code, by placing the
CopyPublished | Court of Appeals for the Eleventh Circuit
benefits to participants and beneficiaries. 29 U.S.C. § 1002(1). Because the group health insurance policy issued
CopyPublished | Court of Appeals for the Eleventh Circuit
benefits to participants and beneficiaries. 29 U.S.C. § 1002(1). Because the group health insurance policy issued
CopyPublished | Court of Appeals for the Eleventh Circuit
accident, [or] disability.... 29 U.S.C. § 1002(1). In Donovan v. Dillingham,
688 F.2d 1367 (11th
CopyPublished | Court of Appeals for the Eleventh Circuit
accident, [or] disability . . . . 29 U.S.C. § 1002(1). In Donovan v. Dillingham,
688 F.2d 1367 (11th
CopyPublished | Court of Appeals for the Eleventh Circuit
or hospital care or benefits . . . .” 29 U.S.C. § 1002(1), (3). The Funds argue that our prior ERISA
CopyPublished | Court of Appeals for the Eleventh Circuit
benefits in the event of sickness.” 29 U.S.C. § 1002(1) & (3) (emphasis added). On a de novo
CopyPublished | Court of Appeals for the Eleventh Circuit | 1997 WL 131323
or prepaid legal services____ 29 U.S.C.A. § 1002(1) (West Supp.1996) (emphasis added). In other words
CopyPublished | District Court, M.D. Florida
ERISA employee welfare benefit plan. See 29 U.S.C. § 1002(1) ; Donovan v. Dillingham ,
688 F.2d 1367, 1371
CopyPublished | District Court, M.D. Florida | 26 Fed. R. Serv. 3d 1054, 1993 U.S. Dist. LEXIS 4994, 65 Empl. Prac. Dec. (CCH) 43, 361, 1993 WL 118154
the meaning of Section 3(1) of ERISA, 29 U.S.C. § 1002(1).” (Complaint, P. 2.) Additionally, the June 21