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Recent cases involving beneficiary designations

Hodgson Russ LLP
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USA
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September 29 2010

Two recent cases are instructive when it comes to determining the validity of beneficiary designations

409a provisions create uncertainty in plan document

Hodgson Russ LLP
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USA
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January 4 2011

As our readers are probably very aware, Internal Revenue Code 409A requires that payments to "specified employees" which are triggered by a separation from service must be delayed for a period of six months from the date of separation

Post-normal retirement date benefit accruals

Hodgson Russ LLP
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USA
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October 29 2010

Defined benefit plan administrators can find the rules dealing with benefit accruals and actuarial adjustment after normal retirement date are complex and confusing

DOL initiates nationwide enforcement actions targeting improper handling of plan contributions

Hodgson Russ LLP
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USA
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November 29 2010

As part of its Employee Contributions Initiative, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) recently filed 24 civil lawsuits nationwide in an effort to protect benefits for employees participating in contributory health or retirement benefit plans

Divorce settlement does not trump beneficiary designation

Hodgson Russ LLP
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USA
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March 25 2010

A decedent’s ex-wife, named as beneficiary under her decedent ex-husband’s 401(k) plan, was entitled to his plan benefits, the U.S. District Court for the District of Massachusetts ruled

Conflict between plan and SPD ruled in favor of participant

Hodgson Russ LLP
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USA
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August 31 2010

The US Court of Appeals for the Eighth Circuit recently reversed and remanded a decision of a district court that upheld an insurer's decision to deny long-term health benefits

Posthumous abandonment order cannot trump surviving spouse’s rights

Hodgson Russ LLP
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USA
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May 20 2011

The U.S. District Court for the District of Connecticut recently granted a motion to dismiss in favor of a retirement plan that provided a pre-retirement survivor annuity to an estranged spouse

MEWA held to be not fully insured under ERISA

Hodgson Russ LLP
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USA
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April 15 2011

When unrelated employers join together in an association or other group to purchase or arrange for health insurance, the association is defined as a "multiple employer welfare arrangement" or "MEWA" under the law

Same-sex domestic partner policy does not discriminate against opposite-sex couples

Hodgson Russ LLP
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USA
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April 15 2011

Reversing a decision by the Westchester County Human Rights Commission, a New York appeals court recently held that a policy adopted by a local Board of Cooperative Educational Services (BOCES) to offer health care to same-sex domestic partners did not unlawfully discriminate against opposite-sex domestic partners

Insurer not a fiduciary when negotiating rates

Hodgson Russ LLP
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USA
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February 11 2011

The Court of Appeals for the Sixth Circuit ruled that an insurer was not acting as a fiduciary when it negotiated rates with hospitals that favored its health maintenance organization clients over its self-funded plan clients

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