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Results: 1-10 of 158

Prenuptial agreement not an effective waiver of spousal rights
  • Hodgson Russ LLP
  • USA
  • September 30 2013

A recent decision by the U.S. Court of Appeals for the Eighth Circuit demonstrates the potential limitations of prenuptial agreements purporting to


Bankruptcy estate does not avoid control group status for withdrawal liability
  • Hodgson Russ LLP
  • USA
  • February 28 2012

In 1999, Michael Cappy filed for bankruptcy protection


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


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


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


Post-distribution enforcement of benefit waivers not preempted by ERISA
  • Hodgson Russ LLP
  • USA
  • May 31 2013

In 2009, plan administrators generally applauded a decision by the U.S. Supreme Court holding that ERISA requires distribution of benefits to the


Retirement annuities: new IRS guidance
  • Hodgson Russ LLP
  • USA
  • April 27 2012

There is a growing interest in making annuities available to retirees under defined contribution retirement plans, including 401(k) plans


District Court holds that insurer breached fiduciary duty when crediting below market interest to retained asset accounts
  • Hodgson Russ LLP
  • USA
  • April 27 2012

Unum Life Insurance Company of America issued group life insurance policies to two employers


‘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


Time limitation for claims in summary plan description held applicable
  • Hodgson Russ LLP
  • USA
  • February 28 2012

The summary plan description for a long-term disability plan provided that the forms to receive benefits must be completed and returned to the claims administrator within one year of a participant’s last day of work