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Recent cases involving beneficiary designations
- Hodgson Russ LLP
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- USA
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- September 29 2010
Two recent cases are instructive when it comes to determining the validity of beneficiary designations
409a provisions create uncertainty in plan document
- Hodgson Russ LLP
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- USA
- -
- January 4 2011
As our readers are probably very aware, Internal Revenue Code 409A requires that payments to "specified employees" which are triggered by a separation from service must be delayed for a period of six months from the date of separation
Divorce settlement does not trump beneficiary designation
- Hodgson Russ LLP
- -
- USA
- -
- March 25 2010
A decedent’s ex-wife, named as beneficiary under her decedent ex-husband’s 401(k) plan, was entitled to his plan benefits, the U.S. District Court for the District of Massachusetts ruled
DOL initiates nationwide enforcement actions targeting improper handling of plan contributions
- Hodgson Russ LLP
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- USA
- -
- November 29 2010
As part of its Employee Contributions Initiative, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) recently filed 24 civil lawsuits nationwide in an effort to protect benefits for employees participating in contributory health or retirement benefit plans
Post-normal retirement date benefit accruals
- Hodgson Russ LLP
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- USA
- -
- October 29 2010
Defined benefit plan administrators can find the rules dealing with benefit accruals and actuarial adjustment after normal retirement date are complex and confusing
Conflict between plan and SPD ruled in favor of participant
- Hodgson Russ LLP
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- USA
- -
- August 31 2010
The US Court of Appeals for the Eighth Circuit recently reversed and remanded a decision of a district court that upheld an insurer's decision to deny long-term health benefits
Posthumous abandonment order cannot trump surviving spouse’s rights
- Hodgson Russ LLP
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- USA
- -
- May 20 2011
The U.S. District Court for the District of Connecticut recently granted a motion to dismiss in favor of a retirement plan that provided a pre-retirement survivor annuity to an estranged spouse
MEWA held to be not fully insured under ERISA
- Hodgson Russ LLP
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- USA
- -
- April 15 2011
When unrelated employers join together in an association or other group to purchase or arrange for health insurance, the association is defined as a "multiple employer welfare arrangement" or "MEWA" under the law
Insurer not a fiduciary when negotiating rates
- Hodgson Russ LLP
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- USA
- -
- February 11 2011
The Court of Appeals for the Sixth Circuit ruled that an insurer was not acting as a fiduciary when it negotiated rates with hospitals that favored its health maintenance organization clients over its self-funded plan clients
Same-sex domestic partner policy does not discriminate against opposite-sex couples
- Hodgson Russ LLP
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- USA
- -
- April 15 2011
Reversing a decision by the Westchester County Human Rights Commission, a New York appeals court recently held that a policy adopted by a local Board of Cooperative Educational Services (BOCES) to offer health care to same-sex domestic partners did not unlawfully discriminate against opposite-sex domestic partners
Current Search
- Jurisdiction - USA
- Workarea - Employee Benefits & Pensions
- Author - Arthur A. Marrapese III
- Author - Richard W. Kaiser
- Author - Anita Costello Greer
- Author - Michael J. Flanagan
- Author - Daniel R. Sharpe