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Results: 11-20 of 259

District court rules unambiguous plan language not trumped by SPD language
  • Hodgson Russ LLP
  • USA
  • January 4 2011

A participant’s widow sued Diebold, Inc. after the company denied her claim for death benefits under a supplemental executive retirement plan (SERP) set up for her deceased husband


Discounted stock options subject to Section 409A penalties
  • Hodgson Russ LLP
  • USA
  • April 30 2013

Ruling in favor of the IRS, the U.S. Court of Federal Claims confirmed in a recent case that discounted stock options are deferred compensation


IRS says plan may not automatically revoke spouse as beneficiary upon legal separation
  • Hodgson Russ LLP
  • USA
  • November 26 2013

Some qualified retirement plans, including some retirement plans preapproved by the IRS, contain provisions that automatically revoke a spouse as a


Presumption of prudence defeats stock drop case
  • Hodgson Russ LLP
  • USA
  • June 27 2012

Litigation continues to proceed in so-called “stock drop” cases, which are typically class action lawsuits brought by plan participants when plan assets that are invested in employer stock have declined significantly in value


Liquidated damages due on accelerated withdrawal liability
  • Hodgson Russ LLP
  • USA
  • October 30 2012

When an employer withdraws from a multiemployer plan, the plan sponsor is required to notify the employer of the amount of any withdrawal liability and the schedule for liability payments, and it must demand payment in accordance with that schedule


IRS clarifies treatment of dividends and dividend equivalents paid on restricted stock and restricted stock units under section 162(m)
  • Hodgson Russ LLP
  • USA
  • August 29 2012

Internal Revenue Code (IRC) 162(m) generally prohibits a publicly traded corporation from deducting compensation paid to “covered employees” in excess of $1 million per year


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


Employer not penalized for failing to provide timely COBRA notice
  • Hodgson Russ LLP
  • USA
  • March 31 2014

The U.S. District Court for the Northern District of Iowa held that a family, mistakenly receiving almost a year's worth of free employer coverage


State breach of contract claim for severance preempted by ERISA
  • Hodgson Russ LLP
  • USA
  • August 29 2013

A district court recently dismissed a former employee's state breach of contract claim, relating to his employer's denial of severance benefits, on


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