Supreme Court rules that equitable “common fund doctrine” may fill gap in plan language *

USA - May 14 2013
On April 16, 2013, the Supreme Court handed down its 5-4 decision in US Airways Inc. v. McCutchen, U.S., No. 11-1285, 4/16/13) ruling that while…

Co-authors: Sarah Roe Sise .

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DOL seeks input on guidance regarding lifetime income illustrations *

USA - May 13 2013
The DOL's Employee Benefits Security Administration ("EBSA") recently released an advance notice of proposed rulemaking ("ANPR") focusing on lifetime…

Co-authors: Rebecca Holdredge.

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Eighth Circuit clarifies the scope of ERISA’s application to severance arrangements *

USA - April 11 2013
The Eighth Circuit's recent decision in Dakota, Minn. & E. R.R. Corp. v. Schieffer (Schieffer II), No. 12-1807, 2013 WL 1235235 (8th Cir. Mar. 28…

Co-authors: Jonathan Potts, Jeffrey S. Russell .

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401(k) fee update – Ninth Circuit affirms Edison decision *

USA - March 22 2013
Yesterday, the Ninth Circuit issued an opinion in Tibble v. Edison International (Case: 10-56406, 03/21/2013), affirming the Central District of…

Co-authors: Jeffrey S. Russell .

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“Slayer statute” options for plan administrators *

USA - February 22 2013
One of the sadder tasks encountered by a plan administrator is sorting out who is the appropriate recipient of benefits when a participant has been…

Co-authors: Jeffrey S. Russell .

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