Search results
Order by most recent / most popular / relevance
Results: 1-10 of 48
Post-distribution enforcement of benefit waivers not preempted by ERISA
- Hodgson Russ LLP
- -
- USA
- -
- May 31 2013
In 2009, plan administrators generally applauded a decision by the U.S. Supreme Court holding that ERISA requires distribution of benefits to the
Duty of prudence applies to decision to offer employer stock as investment option; fiduciaries not required to disclose nonpublic information concerning employer stock
- Hodgson Russ LLP
- -
- USA
- -
- May 31 2013
In an appeal, the Eleventh Circuit was asked to answer (1) whether ERISA requires fiduciaries of an eligible individual account plan that offers
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
Offering retail-class investment fund options can trigger breach of fiduciary duties
- Hodgson Russ LLP
- -
- USA
- -
- May 31 2013
The Court of Appeals for the Ninth Circuit recently affirmed the ruling of a federal district court that fiduciaries for a 401(k) plan were
Second Circuit revisits application of Moench presumption
- Hodgson Russ LLP
- -
- USA
- -
- April 30 2013
"What does the plan document say?," is a popular refrain heard from ERISA attorneys. That, it turns out, is the same question the Second Circuit
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
Court upholds plan administrator’s valuation decision for plan distribution
- Hodgson Russ LLP
- -
- USA
- -
- June 27 2012
With the technology to facilitate daily valuations of defined contribution plans readily available, we see fewer and fewer plans that operate with annual valuations and balance forward plan accounting, but balance forward plans do still exist
PBGC asserts liability against foreign control group member
- Hodgson Russ LLP
- -
- USA
- -
- May 31 2012
Under the Employee Retirement Income Security Act of 1974 (ERISA), members of a control group of entities are jointly and severally liable for certain liabilities related to underfunded defined benefit plans
Employee not entitled to COBRA penalties
- Hodgson Russ LLP
- -
- USA
- -
- March 29 2013
The Eighth Circuit Court of Appeals upheld a district court's ruling that a terminated employee who did not receive timely COBRA notices was not
Estate may sue to enforce waiver and recover 401(k) benefits
- Hodgson Russ LLP
- -
- USA
- -
- May 31 2012
Although a deceased participant’s benefit in a 401(k) plan must be distributed to an ex-wife despite a prior waiver of her rights to the benefit, the U.S. Court of Appeals for the Third Circuit ruled that the participant’s estate may subsequently sue the ex-wife for recovery of the distributions
Current Search
- Jurisdiction - USA
- Workarea - Employee Benefits & Pensions
- Workarea - Litigation
- Author - Arthur A. Marrapese III
- Author - Ryan M. Murphy