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Profit-sharing contribution required for employee on FMLA leave
  • Hodgson Russ LLP
  • USA
  • February 11 2011

The District Court for the District of Columbia ruled that a legal secretary's employer violated the ERISA when it refused to make a year-end contribution to her account in the firm's profit-sharing plan while she was on medical leave under the Family Medical Leave Act (FMLA


Teachers’ efforts to bring 403(b) plan lawsuits fall short
  • Hodgson Russ LLP
  • USA
  • February 11 2011

In two different cases from two different regions of the country, teachers brought lawsuits to challenge alleged endorsement and kickback arrangements involving IRC 403(b) plans on the basis of fiduciary breaches


MEWA held to be not fully insured under ERISA
  • Hodgson Russ LLP
  • USA
  • 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


Court upholds ESOP’s use of year-old valuation to process distributions
  • Hodgson Russ LLP
  • USA
  • January 4 2011

A federal trial court in New York recently ruled that the sponsor of an employee stock ownership plan (ESOP) did not breach its ERISA fiduciary duties when it used a June 30, 2008 valuation of the company stock to process a distribution in June 2009 to participants whose account values were under $1,000


Oral agreement not sufficient to modify plan contribution obligation
  • Hodgson Russ LLP
  • USA
  • May 20 2011

It is important for employers to recognize that an oral agreement to modify a plan obligation, even when it is acknowledged by both the parties, may not be enforceable when current plan provisions contradict the oral agreement


IRS extends deadlines for adopting certain amendments
  • Hodgson Russ LLP
  • USA
  • February 11 2011

In IRS Notice 2010-77, the Internal Revenue Service (IRS) extended the deadline for adopting certain amendments to defined benefit plans until the last day of the first plan year that begins on or after January 1, 2011


Insurer not a fiduciary when negotiating rates
  • Hodgson Russ LLP
  • USA
  • 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


IRS provides guidance on funding relief rules
  • Hodgson Russ LLP
  • USA
  • February 11 2011

The Preservation of Access to Care for Medicare Beneficiaries and Pension Act of 2010 provided much-requested funding relief for single and multiple employer defined benefit pension plans


New COBRA subsidy rules
  • Hodgson Russ LLP
  • USA
  • March 19 2010

The Temporary Extension Act of 2010 (TEA), signed into law by President Obama on March 2, 2010, includes a number of important changes to the COBRA premium subsidy provisions enacted as part of the American Recovery and Reinvestment Act of 2009 (ARRA


Supreme Court overturns “one-strike-and-you’re-out” ruling
  • Hodgson Russ LLP
  • USA
  • June 29 2010

In 1998, the U.S. Supreme Court decision in Firestone Tire & Rubber Co. v. Bruch (489 U.S. 101) firmly established the principle that a plan administrator’s interpretation of a plan’s provisions will receive judicial deference as long as the plan reserves to the administrator the discretionary authority to interpret the plan