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Results: 1-10 of 259

Reduction in “banked hours” violates the ERISA anti-cutback rules

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • January 31 2014

A union was formed through the merger of four former local unions. After the merger, the local unions' employee benefits plans and related pension

Prenuptial agreement not an effective waiver of spousal rights

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

A recent decision by the U.S. Court of Appeals for the Eighth Circuit demonstrates the potential limitations of prenuptial agreements purporting to

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

Final rules: essential health benefits, cost-sharing, and actuarial value

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

Beginning in 2014, non-grandfathered individual health insurance policies and policies issued to small employers must provide "essential health

U.S. Department of Labor releases final rule revising procedures for filing and processing prohibited transaction exemptions under ERISA

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • December 21 2011

The U.S. Department of Labor (DOL) has issued revised rules under which applicants may request an administrative exemption from the restrictions on prohibited transactions under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code

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

Failure to comply with section 204(h) notice requirement in cash balance conversion does not result in monetary relief

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

Solvay Chemicals Inc. converted its traditional defined benefit plan into a cash balance plan. To comply with the requirements of ERISA Section

Acquired employees were properly denied shutdown benefits

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

Acquisitions and the offer of transition benefits for acquired employees under a seller’s plans can be tricky

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

COBRA election notice failure results in statutory damages

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • June 27 2012

The U.S. District Court for the District of New Jersey awarded a plaintiff statutory damages for a health plan administrator’s failure to provide her with a timely COBRA election notice