On January 27, 2022, the 2d Circuit joined the 3d, 7th, and 9th Circuits in applying the doctrine of successor liability to claims for withdrawal liability under the Employee Retirement Income Security Act.
The U.S. Supreme Court declined to review a Second Circuit decision which held that retirees could receive money damages in the form of recalculated benefits in a class action over how the company’s cash balance pension plan calculated lump-sum benefits.
An appellate court recently decided an issue of first impression regarding ERISA’s preemptive power over Colorado’s divorce-revocation statute, holding that ERISA preempts lawsuits against a former spouse to recover plan benefits that were distributed.
A federal court in New Jersey recently applied the arbitrary and capricious standard of review for a denial of benefits claim despite the enactment of an anti-discretionary statute in Minnesota, which governed the benefit plan policy.
On March 10, 2021, the DOL announced that it will not enforce or otherwise pursue enforcement actions with respect to two recently issued final rules amending the “investment duties” regulation under Title I of ERISA.