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Results: 11-20 of 259

PBGC asserts liability against foreign control group member
  • Hodgson Russ LLP
  • USA
  • May 31 2012

Under the Employee Retirement Income Security Act of 1974 (ERISA), members of a control group of entities are jointly and severally liable for certain liabilities related to underfunded defined benefit plans


Withdrawal liability from multiemployer plan and alter-ego liability
  • Hodgson Russ LLP
  • USA
  • August 29 2013

Because of the severe underfunding in many multiemployer defined benefit funds, we are seeing increased collection activities by these funds to


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


District court unimpressed by claim of “People’s Court” decision on divorce
  • Hodgson Russ LLP
  • USA
  • February 28 2014

A Maryland District Court charged with deciding whether a retired union worker's first wife was entitled to spousal benefits in her ex-husband's


Court upholds plan administrator’s valuation decision for plan distribution
  • Hodgson Russ LLP
  • USA
  • June 27 2012

With the technology to facilitate daily valuations of defined contribution plans readily available, we see fewer and fewer plans that operate with annual valuations and balance forward plan accounting, but balance forward plans do still exist


Benefits administrator fails to demonstrate that proper COBRA notice was furnished
  • Hodgson Russ LLP
  • USA
  • March 28 2012

The U.S. District Court for the Southern District of Indiana recently ruled that a group of former employees is permitted to continue as part of a class action lawsuit against their former employer contending they did not receive timely notice of their rights to purchase continuing health care coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA


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


Owner-employer cannot obtain refund of plan contributions
  • Hodgson Russ LLP
  • USA
  • February 11 2011

The Court of Appeals for the Third Circuit recently ruled that an owner-employer could not recover contributions made to a multi-employer pension fund on his behalf


Medical plan preauthorization language violates SPD standards
  • Hodgson Russ LLP
  • USA
  • August 29 2012

In Koehler v. AETNA Health Inc., the U.S. Court of Appeals for the Fifth Circuit held that Aetna’s benefits decision was not, as a matter of law, entitled to deference where the same document, Aetna’s certificate of coverage, served as both the plan document and summary plan description (SPD


Final regulations issued on new participant disclosures
  • Hodgson Russ LLP
  • USA
  • November 29 2010

The Department of Labor has finalized its regulation that will expand the requirements for disclosures to participants in 401(k) plans and other individual account plans where the participant directs the investment of the account