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Results: 1-10 of 41

Does ERISA preempt breach of contract claims on employment agreements? Yes and no.
  • Fox Rothschild LLP
  • USA
  • May 22 2012

Employment agreements and offer letters that make reference to employee benefits can create a whole host of potential problems


Withdrawal liability must be actuary's "best estimate"
  • Fox Rothschild LLP
  • USA
  • September 18 2012

When dealing with withdrawal liability, employers frequently question how it is calculated and the answer is usually "by an actuary."


COBRA notices good when mailed to last known address (if you can prove you sent them)
  • Fox Rothschild LLP
  • USA
  • June 4 2012

In past entries, I have written about the ongoing struggle plan administrators face when trying to locate participants to provide notices


Interest rates assumptions and withdrawal liability: consistency is key
  • Fox Rothschild LLP
  • USA
  • August 29 2012

For employers that withdraw from a multiemployer pension plan, it is now very common that they encounter withdrawal liability


Breach of fiduciary duty claims don't automatically create individual remedies
  • Fox Rothschild LLP
  • USA
  • January 14 2013

When the Supreme Court decides not to take a case, that is generally not news. But in the case of the Court's decision to decline a review of Walker


Be careful who you pay: mistakes may make you pay twice
  • Fox Rothschild LLP
  • USA
  • December 2 2011

Plan administrators have to be careful about making sure they pay the correct beneficiaries and pay the correct amount


Unions can indemnify employers if it's in the contract
  • Fox Rothschild LLP
  • USA
  • March 21 2012

Back in 2009, we looked at a Third Circuit case called Pittsburgh Mack Sales v. IUOE, Local No. 66 that found that it was not against public policy to require a union to reimburse an employer for withdrawal liability


The Supreme Court upholds the Patient Protection and Affordable Care Act: now what?
  • Fox Rothschild LLP
  • USA
  • June 28 2012

On Thursday, June 28, the United States Supreme Court issued its long awaited decision on the constitutionality of The Patient Protection and Affordable Care Act (PPACA


Fiduciary found liable for not timely honoring rollover request
  • Fox Rothschild LLP
  • USA
  • February 15 2012

Plan fiduciaries are frequently faced with difficult decisions regarding plan administration and it is important for them to know not only what the plan says, but also what the potential penalties are for not following the plan


Counting COBRA; look to related companies
  • Fox Rothschild LLP
  • USA
  • March 1 2011

Most employers are aware that COBRA exempts from its applicability employers with fewer than 20 employees