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Results: 1-10 of 101

Third Circuit rules no fiduciary breach related to non-employee spouse’s decision to retire
  • Hodgson Russ LLP
  • USA
  • January 4 2011

A former Avaya, Inc employee and his wife sued Avaya under ERISA, alleging that the company breached its fiduciary duty to the couple as participant and beneficiary under the company's pension plan


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


Arbitration in multi-employer withdrawal liability disputes must be pursued timely
  • Hodgson Russ LLP
  • USA
  • July 30 2010

A recent case serves as a reminder to employers that arbitration of disputes of withdrawal liability of the Multi-employer Pension Plan Amendments Act of 1980 (MPPAA) must be pursued in a timely manner or the employer may have no recourse


Plan sponsor allowed to reform plan to correct scrivener’s error
  • Hodgson Russ LLP
  • USA
  • October 29 2010

A federal appeals court recently ruled that Verizon Communications should be allowed to reform its cash balance pension plan to fix a scrivener’s error that could have cost Verizon $1.67 billion yes, $1.67 billion


DOL fact sheet proposes expanded fiduciary definition
  • Hodgson Russ LLP
  • USA
  • March 25 2010

The Employee Retirement Income Security Act (ERISA) was adopted in 1974, and in 1975 the DOL issued a regulation dealing with the definition of a "fiduciary" under the statute


DOL expands prohibited transaction exemption for litigation
  • Hodgson Russ LLP
  • USA
  • August 31 2010

The DOL has expanded an earlier prohibited transaction class exemption related to the settlement of claims by a plan against an individual or entity that is a party in interest with respect to the plan


EBSA issues final regulations governing penalties relating to multi-employer plans
  • Hodgson Russ LLP
  • USA
  • May 28 2010

The Department of Labor's Employee Benefits Security Administration (EBSA) has issued two final regulations relating to multi-employer plan operations


New guidance regarding the age-26 dependent coverage mandate
  • Hodgson Russ LLP
  • USA
  • May 28 2010

Under the Patient Protection and Affordable Care Act as amended by the Health Care and Education Reconciliation Act of 2010, group health plans that extend coverage to dependent children must continue to make such coverage available until age 26


EBSA publishes proposed regulations on investment advice
  • Hodgson Russ LLP
  • USA
  • May 28 2010

The Employee Benefits Security Administration (EBSA) recently published new proposed regulations intended to implement provisions of the Pension Protection Act of 2006 (PPA) that create a new statutory exemption from the prohibited transaction rules for the purpose of expanding the availability of investment advice to participants in certain plans like 401(k) plans and individual retirement accounts (IRAs


Effective date of loss of grandfathered status
  • Hodgson Russ LLP
  • USA
  • July 8 2011

The FAQs clarify that if a plan adopts an amendment that causes it to lose its grandfathered status, the effective date of the loss of status will be the effective date of the amendment