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Results: 1-10 of 101

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


Recent cases involving beneficiary designations
  • Hodgson Russ LLP
  • USA
  • September 29 2010

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


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


409a provisions create uncertainty in plan document
  • Hodgson Russ LLP
  • USA
  • 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


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


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


ESOP permitted to end company stock investment at separation
  • Hodgson Russ LLP
  • USA
  • May 28 2010

An employee stock ownership plan (ESOP) was operated and ultimately amended to eliminate company stock from a participant's account once the participant separated from service with the company


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