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Results: 11-20 of 859

Coal bankruptcies: complications and risks associated with federal coal legislation
  • Latham & Watkins LLP
  • USA
  • August 29 2012

The recent bankruptcy filing of Patriot Coal Corporation and its reporting of “unsustainable” legacy benefit liabilities have raised the profile of other post-employment benefits (OPEBs, i.e. non-pension retiree benefits) in the coal industry


Sixth Circuit holds that supplemental unemployment compensation benefits are not ‘wages’ subject to FICA taxation
  • Pepper Hamilton LLP
  • USA
  • September 10 2012

In an important recent decision, United States v Quality Stores, Inc., et al., in which Pepper represented the prevailing party, the U.S. Court of Appeals for the Sixth Circuit held that supplemental unemployment compensation benefits (SUB payments) paid by a bankrupt company to its former employees were not wages subject to taxation under the Federal Insurance Contributions Act (FICA


Supreme Court of Canada hears appeal of Re Indalex Limited
  • Osler Hoskin & Harcourt LLP
  • USA
  • July 16 2012

On Tuesday, June 5, 2012 the Supreme Court of Canada heard an appeal of the Ontario Court of Appeal’s decision in Re Indalex Limited (“Indalex”


IRS proposes changes to anti-cutback regulations permitting elimination of lump sum distributions under a single-employer defined benefit plan of plan sponsor in bankruptcy
  • Reinhart Boerner Van Deuren SC
  • USA
  • July 12 2012

The IRS issued proposed regulations providing a limited exception to the anti-cutback rules under Code section 411(d)(6) for a plan sponsor that is a debtor in a bankruptcy proceeding


Delaware bankruptcy court finds bonus plan was created in the ordinary course of business
  • Fox Rothschild LLP
  • USA
  • July 14 2012

On July 9, 2012, Judge Peter J. Walsh of the United States Bankruptcy Court for the District of Delaware issued a memorandum opinion (the "Opinion"), in the Blitz U.S.A. bankruptcy proceeding addressing whether an employee bonus plan is a transaction made in the ordinary course of business under 11 U.S.C. 363(c)(1


IRSTreasury propose regulations to allow bankrupt employers to eliminate certain payment forms
  • King & Spalding LLP
  • USA
  • July 26 2012

The IRS and Treasury recently proposed regulations that, if finalized, would permit an employer in bankruptcy to amend its defined benefit plan to eliminate certain optional forms of benefit, including lump sum payments


Unpaid employer contributions as plan assets: expansion of liability under ERISA
  • Proskauer Rose LLP
  • USA
  • April 21 2014

The Employee Retirement Income Security Act of 1974, as amended ("ERISA"), requires trustees of multiemployer pension and benefit funds to collect


Oral argument on Detroit bankruptcy postponed in part
  • Squire Patton Boggs
  • USA
  • July 28 2014

Last Friday, the Sixth Circuit postponed oral argument in some of the pending cases in the appeal from the bankruptcy judge's decision that Detroit


Defined benefit plan sponsors in bankruptcy have new flexibility to modify plan distributions
  • McGuireWoods LLP
  • USA
  • February 6 2013

Tax-qualification requirements generally prohibit plan sponsors from eliminating optional methods of distribution under a retirement plan. This


Department of Labor proposes rule to speed distributions to participants of plans sponsored by bankrupt companies
  • Haynes and Boone LLP
  • USA
  • December 22 2012

The U.S. Department of Labor's Employee Benefits Security Administration announced a proposed rule that would expand its Abandoned Plan Program to include