The temporary relief is for retirement plan participant elections required to be witnessed by a plan representative or a notary public, including a spousal consent.
Like the district court ruling in the case, the appeals court says the plaintiffs have failed to adequately state an actionable claim against the downstream oil and gas...
An Information Letter addresses concerns with offering private equity in DC plans with five paragraphs detailing considerations for plan fiduciaries in evaluating and monitoring the investments.
One attorney suggests the Supreme Court’s opinion in Thole v. U.S. Bank ‘pushes the ability of participants in a defined benefit pension to file suit practically to extinction,’...
In addition to paying $16.75 million, the settlement agreement calls for a review of investments and a recordkeeping request for proposals.
Plaintiffs’ attorneys, bemoaning the new Supreme Court ruling in Thole v. U.S. Bank, say participants in defined benefit plans are essentially left with no way to challenge or...
Deadlines have been moved for single-employer and multiemployer DB plans and 403(b) plans, among others.
The ruling effectively establishes that individual pension plan participants cannot sue their employer for a fiduciary breach if their own benefit has not been cut or otherwise altered.
The 92-page complaint includes a number of other allegations, including that the plan sponsor was motivated by its relationship with the provider for its defined benefit plans.
The plan sponsor had sued plan providers, but the providers in a counterclaim said the plan sponsor was equally liable.
The suit claimed conflicts of interest damaged net-of-fee performance.
Parts of the lower court’s ruling against the plaintiffs’ claims have been rejected and remanded by the appeals court.
A judge found that plaintiffs failed to offer evidence that removing certain funds caused economic loss, but the ruling sided with plaintiffs concerning excessive recordkeeping fees.
Though claims in the case were pared down last fall, the plaintiffs have requested a jury trial, so a federal judge has given them options for proceeding.
DB plan sponsors may want to offer coronavirus-related distributions under the CARES Act, but should understand certain rules before doing so.