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Results: 11-20 of 259

Employer is not liable for allegedly ambiguous summary plan description

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • May 31 2012

In Skinner v. Northrop Grumman Retirement Plan B, the U.S. Court of Appeals for the Ninth Circuit, applying the Supreme Court’s ruling in CIGNA Corp. v. Amara, held that the plaintiffparticipants could not sue for benefits allegedly promised by the summary plan description (SPD) but not the plan, because statements in an SPD do not constitute the terms of a plan

Medical plan preauthorization language violates SPD standards

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • August 29 2012

In Koehler v. AETNA Health Inc., the U.S. Court of Appeals for the Fifth Circuit held that Aetna’s benefits decision was not, as a matter of law, entitled to deference where the same document, Aetna’s certificate of coverage, served as both the plan document and summary plan description (SPD

Notice 2012-59 90 day waiting period limitation

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • September 28 2012

For plan years beginning on or after January 1, 2014, a group health plan or health insurance issuer may not use a waiting period that exceeds 90 days

7th Circuit holds ERISA’s anti-retaliation provision covers informal complaints

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • November 29 2012

ERISA Section 510 makes it unlawful to take retaliatory action “against a person because he has given information or has testified or is about to testify in any inquiry or proceeding relating to” ERISA

Court affirms HSA balance is not excluded from bankruptcy estate

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • October 31 2013

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit affirmed a lower court ruling that the funds in a debtor's Health Savings Account (HSA

Withdrawal liability from multiemployer plan and alter-ego liability

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • August 29 2013

Because of the severe underfunding in many multiemployer defined benefit funds, we are seeing increased collection activities by these funds to

ERISA governs claim under phantom carried interest plan

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • August 29 2013

Several employees brought an action in state court in Colorado relating to their compensation benefit under a phantom carried interest plan sponsored

Annual withdrawal liability payments calculated at highest contribution rate for all groups, excludes surcharge

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • May 30 2014

Woodbridge Logistics, LLC was a contributing employer to a multiemployer pension fund prior to its withdrawal from the fund in February 2011

Tussey v. ABB, Inc.: court rules on various 401(k) plan fiduciary issues

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • May 30 2014

The Eighth Circuit Court of Appeals decided a case in which it addressed a variety of fiduciary breaches alleged by employees participating in an

Discounted stock options subject to Section 409A penalties

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 30 2013

Ruling in favor of the IRS, the U.S. Court of Federal Claims confirmed in a recent case that discounted stock options are deferred compensation