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Results: 1-10 of 94

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

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

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

Court holds that plan may recoup overpayment of pension benefits

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

The district court for the District of Massachusetts held that a multiemployer pension plan may recoup the overpayment of benefits, notwithstanding the participant’s intervening bankruptcy

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

Multiemployer pension plan’s critical status does not preclude employer withdrawal

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • October 30 2012

In March 2008, the trustees of the Local 138 Pension Trust Fund determined that the fund had entered into critical status as defined under the Pension Protection Act of 2006 (PPA

Employer not penalized for failing to provide timely COBRA notice

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

The U.S. District Court for the Northern District of Iowa held that a family, mistakenly receiving almost a year's worth of free employer coverage

Long legal journey of case defining meaning of partial termination may have come to a close

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

After 18 years, the district court in the District of Illinois ruled that a partial termination of a 401(k) plan did not occur. Household