My latest contribution to BloombergLaw was the following piece on some of the unique issues and challenges presented for self-insured employers and their plan administrators when those employers seek (or contemplate) bankruptcy relief. In brief: 

  • Read your contracts (always good advice!) and identify any slippages in performance;
  • Attend to first-day matters, including possible priority treatment of plan contributions; and 
  • For plans already terminated, watch out for run-off periods that may linger even after the employer seeks bankruptcy protection.