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Results: 1-10 of 101

Same-sex domestic partner policy does not discriminate against opposite-sex couples

  • Hodgson Russ LLP
  • -
  • 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

Plan sponsor liable for failure to transmit investment directions

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 15 2011

An important reminder for plan sponsors - if you promise to collect and transmit investment directions on behalf of your plan participants, then it is critical that procedures are in place to ensure that those investment directions are processed properly and timely

Legal challenges to health care reform continue to work through the courts

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 15 2011

In late January, a district court in Florida ruled that the Patient Protection and Affordable Care Act (PPACA) is unconstitutional

Post-normal retirement date benefit accruals

  • Hodgson Russ LLP
  • -
  • 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

Stock-drop case developments of interest

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • August 31 2010

Two new, noteworthy stock-drop decisions were recently published

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

Asset sale exception to multiemployer withdrawal liability upheld

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • May 20 2011

Underfunded multiemployer pension plans assess "withdrawal liability" to a contributing employer if the employer ceases to contribute to the plan either wholly (a "complete withdrawal") or where there is a 70 percent or more reduction in contributions (a "partial withdrawal"

MEWA held to be not fully insured under ERISA

  • Hodgson Russ LLP
  • -
  • 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

Teachers’ efforts to bring 403(b) plan lawsuits fall short

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • February 11 2011

In two different cases from two different regions of the country, teachers brought lawsuits to challenge alleged endorsement and kickback arrangements involving IRC 403(b) plans on the basis of fiduciary breaches

Court upholds ESOP’s use of year-old valuation to process distributions

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • January 4 2011

A federal trial court in New York recently ruled that the sponsor of an employee stock ownership plan (ESOP) did not breach its ERISA fiduciary duties when it used a June 30, 2008 valuation of the company stock to process a distribution in June 2009 to participants whose account values were under $1,000