Nationwide Fiduciary Breach Suit Survives a New Challenge

October 5, 2007 ( - A federal judge in Connecticut has cleared the way for the trustees of five 401(k) plans to pursue their claims that Nationwide Financial Services was a fiduciary because it could change the plans' investment lineups.

Been Struggling with Those 409A Regs?

October 5, 2007 ( - If you've been struggling with § 409A regs - or regs generally (and who hasn't?), then you'll appreciate this update on (fictional) Notice 2007-90.

401(k) Fee Disclosure Proposal Draws Industry Criticism at Committee Hearing

October 4, 2007 ( - A legislative proposal calling for greater disclosure of 401(k) fees was lambasted in a hearing on Thursday in the U.S. House Education and Labor Committee by retirement industry groups who say the proposal's breadth of disclosure would be too overwhelming for everyone involved including participants.

Macy's Faces Company Stock Lawsuit

October 4, 2007 ( - A participant in the Macy's Inc. Profit Sharing 401(k) Investment Plan has filed suit against Macy's and named plan fiduciaries, saying they breached their fiduciary duties when they made financial misrepresentations and continued to invest assets in company stock when it was imprudent to do so.

RI Legislative Leader Announces Pension Study Panel

October 4, 2007 ( - Rhode Island state House Speaker William J. Murphy has announced he will create a legislative study commission to look into whether to move new state employees to a defined contribution plan from the current defined benefit arrangement.

Judge Extends Restraining Order on "No Match" Letters

October 2, 2007 ( - A federal judge in San Francisco further extended on Monday the restraining order against a Department of Homeland Security regulation that would require employers who receive a "no-match" letter to verify the employment and immigration status of their workers.

U.S. Supreme Court Rejects NY Contraceptive Coverage Appeal

October 2, 2007 ( - The U.S. Supreme Court has turned aside a request from a coalition of church-affiliated groups to review a New York court's affirmation of an Empire State law mandating birth control coverage in employee benefit packages.

CA Court Reinstates Bank Wrongful Discharge Case

October 2, 2007 ( - A nationally chartered bank cannot escape potential liability in an employment discrimination case by claiming the disaffected employee was a vice president who could be dismissed at will under federal banking law, a California appellate court has ruled.

Supreme Court Seeks Comment on AT&T Anti-Cutback Rule Case

October 2, 2007 ( - The U.S. Supreme Court has asked the Solicitor General's office to comment on an appeal by AT&T of a court decision that it violated anti-cutback rules of the Employee Retirement Income Security Act (ERISA) when it changed the calculation used for lump sum pension benefits.

U.S. Bank Hit with Class Action Cash Balance Conversion Suit

October 1, 2007 ( - A lawsuit accusing U.S. Bank of using an improper discount rate when converting participants' balances in a defined benefit plan to an opening balance for a cash balance plan has been filed in the U.S. District Court for the Eastern District of Missouri.

Beneficiary Status Revoked Upon Divorce in South Dakota

September 28, 2007 ( - The South Dakota Supreme Court ruled Thursday that a man who was the beneficiary of his ex-wife's pension for three decades will not see any pension money because the couple was divorced, which revokes the beneficiary status under state law.

Court Dismisses COBRA Notice Suit

September 28, 2007 (PLANSPONSOR.COM) - A federal judge in Indiana has thrown out a lawsuit by two former Indianapolis hospital system employees over not being notified of their continuing health care coverage rights.

Principal Revenue Sharing Suit Focusing on Class Action Issue

September 28, 2007 ( - A federal court lawsuit over the Principal Financial Group's 401(k) revenue sharing arrangements likely will not be heard in an Iowa courtroom until mid-to-late 2008 at the earliest, according to the latest case schedule.

Worker Who Broke Safety Rules Gets Workers' Comp

September 28, 2007 ( - The Supreme Court of Ohio said a teenager who was badly burned in 2003 while cleaning a KFC pressure cooker is entitled to workers' compensation, even though he was terminated for breaking safety rules while cleaning it, according to Business Insurance.

Bad Corporate News Not Dire Enough to Dump Company Stock

September 27, 2007 ( - The U.S 3rd Circuit Court of Appeals ruled that a communications networks company did not breach its fiduciary duties under the Employee Retirement Income Security Act (ERISA) by failing to get rid of the company stock option in its retirement plan when corporate developments led to a stock price drop.