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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

Unilateral modification of collectively bargained retiree medical benefits leads to litigation

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

The increasing and unpredictable costs of retiree medical benefits pose a significant threat to the financial health of employers who sponsor these

Employer breached fiduciary duty by allowing ineligible employee to enroll in plan

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

The U.S. District Court for the Eastern District of Virginia held that an employer breached its fiduciary duty by misleading an employee regarding

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

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

DOL updates Delinquent Filer Voluntary Compliance Program

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

The Department of Labor (DOL) is statutorily authorized to assess civil penalties of up to $1,100 per day against plan administrators who fail to

Modification of discount rates not cutback for plan lump-sum benefits

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

Mutual of New York's Insurance Company (MONY) sponsored a tax qualified defined benefit retirement plan and also an excess benefit plan, a defined

New guidance regarding preventive services, cost sharing, and wellness

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

On January 9, 2014, the Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (collectively, the "Departments") issued

IRS clarifies treatment of dividends and dividend equivalents paid on restricted stock and restricted stock units under section 162(m)

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

Internal Revenue Code (IRC) 162(m) generally prohibits a publicly traded corporation from deducting compensation paid to “covered employees” in excess of $1 million per year

Employer has successor liability for retiree medical benefits

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

The Court of Appeals for the Sixth Circuit recently affirmed the decision of a federal trial court that an employer-defendant is liable as a successor under collective bargaining agreements (CBAs) for certain vested retiree health care benefits, even though the employer was never a party to those CBAs