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Results: 1-10 of 94

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


Employer breached fiduciary duty by allowing ineligible employee to enroll in plan
  • Hodgson Russ LLP
  • USA
  • August 29 2013

The U.S. District Court for the Eastern District of Virginia held that an employer breached its fiduciary duty by misleading an employee regarding


Multiemployer plans pose risk of personal liability for withdrawal liability
  • Hodgson Russ LLP
  • USA
  • July 31 2013

In the recently decided case of Central States, Southeast and Southwest Areas Pension Fund v. Nagy (7th Cir. 2013), an individual was determined to


Court holds that plan may recoup overpayment of pension benefits
  • Hodgson Russ LLP
  • USA
  • February 28 2012

The district court for the District of Massachusetts held that a multiemployer pension plan may recoup the overpayment of benefits, notwithstanding the participant’s intervening bankruptcy


Contingent event benefit constitutes early retirement subsidy for purposes of QDRO
  • Hodgson Russ LLP
  • USA
  • June 28 2013

As part of a divorce settlement, a participant in a defined benefit retirement plan and his spouse entered into a qualified domestic relations order


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


Compensation paid to IRA owner by corporation results in account ceasing to be IRA
  • Hodgson Russ LLP
  • USA
  • January 31 2014

In our July 2013 newsletter, we discussed the consequences of an individual retirement account (IRA) engaging in a prohibited transaction, with the


ERISA governs claim under phantom carried interest plan
  • Hodgson Russ LLP
  • USA
  • August 29 2013

Several employees brought an action in state court in Colorado relating to their compensation benefit under a phantom carried interest plan sponsored


Long legal journey of case defining meaning of partial termination may have come to a close
  • Hodgson Russ LLP
  • USA
  • May 30 2014

After 18 years, the district court in the District of Illinois ruled that a partial termination of a 401(k) plan did not occur. Household


Reduction in “banked hours” violates the ERISA anti-cutback rules
  • Hodgson Russ LLP
  • USA
  • January 31 2014

A union was formed through the merger of four former local unions. After the merger, the local unions' employee benefits plans and related pension