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Article

Hodgson Russ LLP | USA | 30 May 2014

Owners of contributing employer to multiemployer pension plan liable for breach of fiduciary duty

An ERISA fiduciary includes any person who exercises any authority or control over plan assets. If an ERISA fiduciary breaches his or her fiduciary

Article

Hodgson Russ LLP | USA | 30 May 2014

Unilateral modification of collectively bargained retiree medical benefits leads to litigation

The increasing and unpredictable costs of retiree medical benefits pose a significant threat to the financial health of employers who sponsor these

Article

Hodgson Russ LLP | USA | 30 May 2014

Annual withdrawal liability payments calculated at highest contribution rate for all groups, excludes surcharge

Woodbridge Logistics, LLC was a contributing employer to a multiemployer pension fund prior to its withdrawal from the fund in February 2011

Article

Hodgson Russ LLP | USA | 30 Apr 2014

Court holds Georgia law pre-empted by ERISA

The U.S. Court of Appeals for the Eleventh Circuit held that a Georgia law requiring self-insured health plans to pay benefit claims within 15

Article

Hodgson Russ LLP | USA | 30 Apr 2014

No harm, but possible equitable remedy in case

Following the Supreme Court's decision in Cigna v. Amara in 2011, there have been many decisions trying to outline what remedies are available for

Article

Hodgson Russ LLP | USA | 30 Apr 2014

Vermont cannot require ERISA plans to report claims data

In October 2011, the State of Vermont enacted a statute requiring the establishment and maintenance of a unified health care database designed to

Article

Hodgson Russ LLP | USA | 31 Mar 2014

Fifth Circuit upholds administrator’s decision denying SERP benefits for violation of non-compete provision

Affirming a lower court decision, the U.S. Court of Appeals for the Fifth Circuit held that a former executive of a pharmaceutical company will not

Article

Hodgson Russ LLP | USA | 28 Feb 2014

Delay dooms disability claim

The U.S. District Court for the District of Massachusetts held that a participant could not pursue her claim for benefits because she failed to

Article

Hodgson Russ LLP | USA | 28 Feb 2014

Supreme Court upholds plan limitation period

In Heimeshoff v. Hartford Life & Accident Insurance Co., the U.S. Supreme Court unanimously upheld an ERISA long-term disability plan's limitation

Article

Hodgson Russ LLP | USA | 28 Feb 2014

Proposed regulations issued for excepted benefits

The Departments of the Treasury, Labor, and Health and Human Services recently issued proposed regulations that generally expand the definition of

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