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Results: 1-10 of 94

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

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

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

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

First spouse awarded survivor pension benefits

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • December 20 2013

From November 1978 through December 1991, an employee was covered by a pension fund. He married his first spouse in 1979, and the couple appear to

Guarantees of loans to company owned by IRAs constitute prohibited transactions

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

An individual retirement account (IRA) is exempt from tax unless the IRA ceases to be considered an IRA. One way an IRA ceases to be considered an

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

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