Unwrapping Compliance on Gift-Giving and Donations
Whether it’s World Series tickets or a luncheon, are these gifts compliant with government and company rules concerning retirement plan...
Tag: ERISA
AT&T Sued Over Calculation of Early Retirement Benefits
The plaintiffs say the plan’s terms reduce benefits using “Early Retirement Factors” and “Joint and Survivor Annuity Factors” which result...
Opinions |
Barry’s Pickings: 401(k) Fiduciary Litigation – Still Chaotic
Michael Barry, president of O3 Plan Advisory Services LLC, discusses how differing views by courts in various ERISA cases results...
Defense Wins Dismissal of PepsiCo ERISA Anti-Cutback Lawsuit
The decision agrees with the defense argument that the plaintiffs have failed to plausibly allege a violation of ERISA’s anti-forfeiture...
Court Dismisses Invesco ERISA Lawsuit
While the decision voices some concern about the Invesco plan's operations, the summary judgement ruling concludes plaintiffs have not sufficiently...
Home Depot ERISA Lawsuit Clears Dismissal Motions
While a court has ruled the plan’s advisers should be carved out of the litigation, the counts against Home Depot...
PBGC Releases New Forms Relating to ERISA Section 4062(e)
In 2014, President Barack Obama signed into law major changes to Section 4062(e), which requires companies with defined benefit (DB)...
Funded Status Not a Good Measure for Whether DB Plan Participants Can Sue
The U.S. Solicitor General and the Pension Rights Center have filed briefs with the Supreme Court for a fiduciary breach...
U.S. Argues for CalSavers ERISA Preemption in Court Filing
U.S. Attorneys have filed a Statement of the Interest of the United States in a lawsuit, offering evidence that the...
Parties in MIT Excessive Fee Lawsuit Agree to Settle
They have filed a joint motion to stay all trial dates, but have not yet prepared details of the settlement...
Inherent Murkiness of ERISA Litigation Prevents Progress
There has actually been relatively little helpful legal insight published by the courts, due to the fact that many ERISA...
MIT ERISA Lawsuit Plaintiffs Seeking More Information About Gifts From Fidelity
The plaintiffs say new evidence came to light from MIT President Rafael Reif’s response to revelations that improper donations were...
Greystar Moves to Compel Arbitration of ERISA Complaint
Following a high-profile 9th Circuit decision, Greystar argues that the plaintiff signed a Mutual Agreement to Arbitrate Claims that not...
Lowe’s Defense Fails to Get ERISA Suit Dismissed
The fiduciary breach lawsuit accuses plan fiduciaries of mapping $1 billion into a fund that lagged peer performance and was...
Broad ERISA Lawsuit Targets Texas Grocery Chain
Plaintiffs suggest higher than average fees were not attributable to enhanced services for participants, but instead to defendants’ use of...
Court Finds Atrium Health’s Benefit Plans Are Governmental Plans
A U.S. District Judge in North Carolina determined the health system’s retirement and health plans were established and maintained for...
Court Remands Case Over OSF Healthcare’s Church Plan Status
The 7th Circuit found a district court was hasty in granting summary judgment to the health care system before all...
Charles Schwab Wins Significant Pro-Arbitration ERISA Decision
The 9th Circuit has ruled that Supreme Court decisions show forced arbitration is in fact permissible in the context of...
Custom Portfolio Fees, Allocations Questioned in ERISA Complaint
Retirement plan fiduciaries at Intel are accused of failing to properly monitor and evaluate “unconventional, high-risk allocation models” adopted within...
Court Moves Forward Suit Over Plans’ Use of Retail Funds
The court decision in Lutz v. Kaleida Health reviews what it takes to be a retirement plan fiduciary and acknowledges...