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Results: 11-20 of 259

Claim for post-bankruptcy pension benefits rejected following “free and clear” purchase of assets
  • Hodgson Russ LLP
  • USA
  • December 20 2013

A group of retired employees filed a class-action law suit claiming loss of certain retirement benefits. The employees worked for SPX Corporation


Failure to comply with section 204(h) notice requirement in cash balance conversion does not result in monetary relief
  • Hodgson Russ LLP
  • USA
  • September 30 2013

Solvay Chemicals Inc. converted its traditional defined benefit plan into a cash balance plan. To comply with the requirements of ERISA Section


Supreme Court upholds plan limitation period
  • Hodgson Russ LLP
  • USA
  • February 28 2014

In Heimeshoff v. Hartford Life & Accident Insurance Co., the U.S. Supreme Court unanimously upheld an ERISA long-term disability plan's limitation


Annual withdrawal liability payments calculated at highest contribution rate for all groups, excludes surcharge
  • Hodgson Russ LLP
  • USA
  • May 30 2014

Woodbridge Logistics, LLC was a contributing employer to a multiemployer pension fund prior to its withdrawal from the fund in February 2011


‘Full and fair’ ERISA review required for top-hat plan claim
  • Hodgson Russ LLP
  • USA
  • February 28 2012

An executive who was denied severance and incentive award benefits after she resigned for “good reason” following a company merger may pursue her claim for benefits under a Massachusetts district court ruling that the plan administrator failed to provide a full and fair review of her claim, as required by the Employee Retirement Income Security Act of 1974 (ERISA


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


Post-normal retirement date benefit accruals
  • Hodgson Russ LLP
  • USA
  • October 29 2010

Defined benefit plan administrators can find the rules dealing with benefit accruals and actuarial adjustment after normal retirement date are complex and confusing


Asset sale exception to multiemployer withdrawal liability upheld
  • Hodgson Russ LLP
  • USA
  • May 20 2011

Underfunded multiemployer pension plans assess "withdrawal liability" to a contributing employer if the employer ceases to contribute to the plan either wholly (a "complete withdrawal") or where there is a 70 percent or more reduction in contributions (a "partial withdrawal"


Keogh plan with qualification defects found to be exempt from bankruptcy estate
  • Hodgson Russ LLP
  • USA
  • June 27 2012

Generally, retirement plan benefits are excluded from a bankruptcy estate


Separation policy benefit is not an “early retirement subsidy” subject to QDRO
  • Hodgson Russ LLP
  • USA
  • May 31 2012

The U.S. District Court for the Eastern District of Pennsylvania recently ruled that a retirement subsidy to a terminated employee provided under a separation policy is not subject to division under a qualified domestic relations order (QDRO) prepared in connection with the employee’s 2005 divorce