We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 11-20 of 130

PBGC issues final PPA regulation on terminating plans in bankruptcy

  • Jones Day
  • -
  • USA
  • -
  • August 18 2011

On June 13, the Pension Benefit Guaranty Corporation ("PBGC") released a final rule that, in most cases, will reduce the amount of pension benefits guaranteed under the agency's single-employer insurance program when a pension plan is terminated in a bankruptcy case

In brief: PBGC issues final PPA regulation on terminating plans in bankruptcy

  • Jones Day
  • -
  • USA
  • -
  • August 10 2011

On June 13, the Pension Benefit Guaranty Corporation (“PBGC”) released a final rule that, in most cases, will reduce the amount of pension benefits guaranteed under the agency’s single-employer insurance program when a pension plan is terminated in a bankruptcy case

Are inherited IRAs protected in bankruptcy?

  • Bryan Cave LLP
  • -
  • USA
  • -
  • May 1 2012

Whether post-death creditor protection is available to inherited IRAs under the 2005 Bankruptcy Act has been the subject of a number of cases decided in the last several years

Sixth Circuit holds that supplemental unemployment compensation benefits are not ‘wages’ subject to FICA taxation

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • September 10 2012

In an important recent decision, United States v Quality Stores, Inc., et al., in which Pepper represented the prevailing party, the U.S. Court of Appeals for the Sixth Circuit held that supplemental unemployment compensation benefits (SUB payments) paid by a bankrupt company to its former employees were not wages subject to taxation under the Federal Insurance Contributions Act (FICA

IRS final regulations allow pension plan sponsors in bankruptcy to eliminate prohibited payment options

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • November 13 2012

Under Section 436 of the Internal Revenue Code, a single employer defined benefit plan sponsored by a company in bankruptcy cannot pay any “prohibited payments” (e.g., lump sums, Social Security level income annuity payments) if the plan is less than 100 funded

California dreaming? CalPERS seeks payment in full of all pension obligations during pendency of San Bernardino’s Chapter 9 case

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • December 10 2012

California has seen a string of three Chapter 9 filings this year and faces a long line of distressed municipalities

Employer withdrawal liability dischargeable in bankruptcy

  • Reinhart Boerner Van Deuren SC
  • -
  • USA
  • -
  • October 15 2013

In a recent Ninth Circuit case, Carpenters Pension Trust Fund for Northern California v. Moxley, 2013 WL 4417594 (9th Cir. 2013), the court held that

Third Circuit rules failure to appeal leaves union and its retirees without a remedy

  • Caplin & Drysdale, Chartered
  • -
  • USA
  • -
  • September 9 2014

On August 28, 2014, the Court of Appeals for the Third Circuit delivered a Stern admonition about the risk of failing to appeal when it ruled that a

Ninth Circuit rules that withdrawal liability may be discharged in bankruptcy

  • Trucker Huss APC
  • -
  • USA
  • -
  • November 1 2013

In a decision that comes as welcome news to some employers, the Ninth Circuit Court of Appeals recently ruled that an employer that incurred

The Eleventh Circuit clarifies the liability for a bankrupt company’s pension benefits

  • Smith Gambrell & Russell LLP
  • -
  • USA
  • -
  • January 7 2014

In Durango-Georgia Paper Co. v. H. G. Estate, LLC, Case No. 11-15079 (decided January 7, 2014), the Eleventh Circuit addressed what it defined as a