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Supreme Court agrees to hear case on ERISA’s anti-alienation provision

Sutherland Asbill & Brennan LLP
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USA
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February 25 2008

The U.S. Supreme Court has agreed to review the question of whether a qualified domestic relations order (QDRO) is the only valid way under ERISA that a former spouse can waive his or her right to receive a death benefit from an employee pension benefit plan

IRS rules against qualified long-term care insurance in 401(k) plan

Sutherland Asbill & Brennan LLP
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USA
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February 21 2008

In PLR 200806013 (November 15, 2007), the IRS ruled that the payment of premiums on qualified long-term care insurance by a 401(k) plan would be treated as a taxable distribution in violation of the distribution restrictions of section 401(k)(2)(B

GAO reports on alternative approaches to private pensions

Sutherland Asbill & Brennan LLP
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USA
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August 28 2009

At the request of Chairman George Miller of the U.S. House Committee on Education and Labor, the Government Accountability Office (GAO) on August 24, 2009, issued the report Private Pensions: Alternative Approaches Could Address Retirement Risks Faced by Workers but Pose Trade-offs

DOL addresses fiduciary responsibility to collect delinquent plan contributions

Sutherland Asbill & Brennan LLP
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USA
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February 25 2008

In Field Assistance Bulletin 2008-01 (February 1, 2008), the DOL articulated for its Office of Enforcement a theory of fiduciary responsibility under ERISA for collection of delinquent contributions to retirement and welfare plans

ICI issues a release on the retirement market

Sutherland Asbill & Brennan LLP
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USA
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September 4 2009

Investment Company Institute has released a report entitled, “The U.S. Retirement Market, First Quarter 2009.”

DOL proposes small plan safe harbor for remitting participant contributions to plan

Sutherland Asbill & Brennan LLP
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USA
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March 3 2008

On February 29, 2008, the U.S. Department of Labor (“DOL”) proposed a new safe harbor, limited to small plans, under its regulation governing when participant contributions become “plan assets” for ERISA purposes

Supreme Court holds that ERISA plan documents control in death benefit waiver dispute

Sutherland Asbill & Brennan LLP
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USA
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January 29 2009

The U.S. Supreme Court held in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, No. 07-636 (U.S. January 26, 2009)(slip op.)(Souter, J.), that the former wife of a deceased retirement plan participant legally waived her right to receive benefits from the participant’s retirement plan pursuant to a divorce decree; nonetheless, plan administrators were correct to disregard her waiver and distribute benefits to her upon the participant’s death

District Court rules that state’s prohibition of “discretionary clauses” not preempted by ERISA

Sutherland Asbill & Brennan LLP
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USA
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March 10 2008

On February 29, 2008, a federal judge in Michigan held that ERISA does not preempt regulations issued by the Michigan Office of Financial and Insurance Services (“OFIS”) that prohibit insurers from utilizing “discretionary clauses” in their insurance policies after June 1, 2007

IRS issues guidance on PPA distribution-related provisions

Sutherland Asbill & Brennan LLP
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USA
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March 10 2008

IRS Notices 2008-29 and 2008-30, scheduled to be published on March 24, 2008, clarify a number of issues relating to the distribution provisions of the Pension Protection Act of 2006 (the “PPA”

DOL finalizes PPA investment advice regulations; future status is uncertain

Sutherland Asbill & Brennan LLP
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USA
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January 28 2009

On January 21, 2009, the Department of Labor (DOL) published in the Federal Register its final regulations implementing the ERISA participant investment advice exemptions enacted in the Pension Protection Act of 2006 (PPA

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