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Stinson LLP | USA | 29 Oct 2015

What does the trust requirement of ERISA mean?

ERISA requires that plan assets be held in trust so that they are protected from claims of the employer. With pension plans, it is generally easy to


Stinson LLP | USA | 29 Sep 2015

Participants in top hat plans must exhaust administrative remedies

So-called "Top Hat" plans are nonqualified deferred compensation plans for a select group of management or highly compensated employees. These


Stinson LLP | USA | 29 Sep 2015

Is your severance policy an ERISA plan?

Severance plans are generally covered under ERISA, but it is not always easy to distinguish an ERISA-covered severance plan from a non-ERISA


Stinson LLP | USA | 22 May 2015

Internet posting of SPD is insufficient

Employers know that they must prepare and distribute a summary plan description (SPD) for their ERISA benefit plans, including retirement benefits


Stinson LLP | USA | 21 Aug 2014

Governments may be exempt from ERISA, but they are not exempt from securities laws

ERISA lawyers know that employee benefit plans offered by state and local governments to their employees are not subject to ERISA, the federal law


Stinson LLP | USA | 13 May 2014

Can a failure to hire violate ERISA?

A recent decision of the federal district court for the Southern District of Ohio raises interesting questions under Employee Retirement Income


Stinson LLP | USA | 26 Mar 2014

Another way to become personally liable to a multiemployer plan

I have blogged in the past about individuals and businesses that are not signatories to a collective bargaining agreement being found liable for


Stinson LLP | USA | 28 Feb 2014

DOL has helpful ERISA self-compliance tool

The Department of Labor recently issued the Form M-1, an annual report that must be filed by Multiple Employer Welfare Arrangements (MEWAs). In


Stinson LLP | USA | 13 Feb 2014

An SPD can be a plan document

In Cigna v. Amara, the U.S. Supreme Court held that the plan document is the governing document for an ERISA plan and that in a conflict between the


Stinson LLP | USA | 20 Nov 2013

Are all severance plans subject to ERISA?

I blogged recently about an ERISA case involving an executive severance plan where the executive sued claiming that his employment termination was

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