Your search returned 483 results.

Insight
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October 14, 2022

PBGC Issues Proposed Rule on Withdrawal Liability Actuarial Interest Rate Assumptions

On October 14, 2022, the Pension Benefit Guaranty Corporation, the federal agency that insures and regulates private-sector defined benefit pension plans under Title IV of the ERISA, published a proposed rule governing employer withdrawal liability.

ASAP
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July 22, 2022

D.C. Circuit Holds Withdrawal Liability Interest Rate Must Reflect Plan’s Investment Policy

On July 8, 2022, the D.C. Circuit held that the assumptions used by a multiemployer defined benefit pension plan in calculating the amount of withdrawal liability owed by an exiting employer must reflect the actual and projected experience of the plan.

ASAP
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May 19, 2022

Congress Considers Banning Discretionary Clauses in ERISA Plans

The Employee and Retiree Access to Justice Act seeks to ban arbitration and discretionary clauses in employer-sponsored benefit plans governed by the Employee Retirement Income Security Act (ERISA).

ASAP
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March 15, 2022

DOL Issues Guidance on Use of Cryptocurrency in 401(k) Plans

On March 10, 2022, the Department of Labor issued guidance on the use of cryptocurrency in plans governed by ERISA.

Insight
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February 8, 2022

Second Circuit Finds No Successor Liability for ERISA Withdrawal Where Employer Did Not Acquire Unionized Facility or Employees

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.

ASAP
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January 26, 2022

Supreme Court Sends Case Involving ERISA Breach of Fiduciary Duty Pleading Standard Back to Seventh Circuit for Revised Analysis

On Monday, January 24, 2022, the U.S. Supreme Court issued an opinion in a case of critical interest to employers offering 401(k) or other defined-contribution retirement plans.

ASAP
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June 30, 2021

Supreme Court Declines to Hear Appeal in ERISA Class Action Permitting Recalculation of Benefits as Available Relief

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.

ASAP
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June 22, 2021

Colorado Court Decides Issue of First Impression Regarding ERISA Preemption of State Divorce-Revocation Statute

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.

Insight
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June 2, 2021

Are ERISA Breach of Fiduciary Duty Claims Arbitrable?

Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.

ASAP
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April 5, 2021

Disability Benefits Policy Language Warrants Arbitrary and Capricious Standard of Review Despite Enactment of Anti-Discretionary Statute

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.

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