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Results: 1-10 of 287

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


Stock option claim may go forward despite release of claims on termination
  • Hodgson Russ LLP
  • USA
  • March 28 2012

An Illinois court recently allowed a stock-option claim by two former employees to go forward even though one of the employees signed a release of claims at the time of his termination


Annual withdrawal liability payments calculated at highest contribution rate for all groups, excludes surcharge
  • Hodgson Russ LLP
  • USA
  • May 30 2014

Woodbridge Logistics, LLC was a contributing employer to a multiemployer pension fund prior to its withdrawal from the fund in February 2011


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


$1.8m penalty assessed for COBRA notice violations
  • Hodgson Russ LLP
  • USA
  • August 29 2013

The U.S. District Court for the Southern District of Indiana held that an employer was responsible for paying $1,852,000 in penalties for failing to


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


Same-sex domestic partner policy does not discriminate against opposite-sex couples
  • Hodgson Russ LLP
  • USA
  • 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


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


Guidance issued on ERISA 101(j) notice on underfunded defined benefit plans
  • Hodgson Russ LLP
  • USA
  • September 28 2012

As sponsors of defined benefit plans are well aware, certain limitations are imposed on a defined benefit plan when a plan’s adjusted funding target attainment percentage is below 80 percent


District Court holds that insurer breached fiduciary duty when crediting below market interest to retained asset accounts
  • Hodgson Russ LLP
  • USA
  • April 27 2012

Unum Life Insurance Company of America issued group life insurance policies to two employers