ERIC Calls Foul in DOL’s Missing Participant Push
In an open letter asking for more detailed guidance, the ERISA Industry Committee spells out what it says are “examples...
Tag: ERISA
‘Prudence’ and ‘Loyalty’ Feature in Second Rejection of Wells Fargo Stock Drop Suit
While they won the day, defendants unsuccessfully argued that the Dudenhoeffer pleading standards should be applied not only to prudence claims, but...
Appeals Court Allows Case Against USC to Proceed
The panel concludes that the dispute against the University of Southern California fell outside the scope of the arbitration agreements...
ERISA Lawsuit Targeting AT&T and Multiple Providers Dismissed
The court’s decision, which leaves room for an amended complaint, is based on questions of timeliness and a lack of...
Independent Contractors’ ERISA Lawsuit Fails to State Actionable Claim
The dispositive question is not whether the claimants were employees but whether, considering them as employees, they were eligible to...
Rainbow ESOP Lawsuit Easily Clears Early Motions
The text of the decision includes lengthy discussion of all 14 counts of ERISA fiduciary breaches, and why each is...
ERISA Excessive Fee Claims Against Checksmart Time-Barred by District Court
The decision points to mailings and various other disclosures sent by Checksmart to the defendant over the years leading up...
Sifting Through Retirement Plan Regulations
Understanding the hierarchy of regulations and how plan sponsors should interpret seemingly conflicting ones.
Missing Inaction
What are the rules for locating missing retirement plan participants and what should plan sponsors do when they’re found?
Hardship Withdrawal Safe Harbor Covers Tuition, But Not Loan Repayments
Plans which permit non-safe harbor hardship distributions could theoretically approve a participant’s hardship distribution request for the repayment of student...
District Court Upholds Use of Segal Blend to Calculate Multiemployer Pension Liability
Commenting on the decision, Segal Consulting says it is “consistent with every other decision handed down in similar cases except...
Stock Drop Lawsuit Tied to Allergan-Actavis Acquisition Dismissed
Ruling in favor of a detailed motion to dismiss filed by defendants, the court cites a long list of precedent-setting...
Cactus Feeders ESOP Fiduciaries Agree to Sizable DOL Settlement
Lubbock National Bank, the ESOP’s trustee, has also agreed to take steps that will ensure it fulfills its fiduciary obligations...
MetLife Accused of Failing to Pay Retirees Covered by Pension Risk Transfers
The company is facing lawsuits by a retirement plan participant whose assets were transferred to MetLife as well as by...
K-12 403(b) Plan Sponsors Have New Fiduciary Duties Under Conn. Law
Connecticut decided to pass the law after Connecticut teachers regretted investing in certain products without being informed of fees and...
Prospect Chartercare Faces Lawsuit Over DB Plan Funding
The complaint alleges that at a certain point, the plan lost its church plan status as defined by ERISA and...
5th Circuit Officially Mandates Decision to Vacate DOL Fiduciary Rule
Industry stakeholders immediately offered their thoughts on the complex regulatory saga that has surrounded the now-defeated DOL fiduciary rule; depending...
Retirement Plan Document Basics
A retirement plan consultant and an ERISA attorney offer tips for setting up, maintaining and following retirement plan documents.
PSNC 2018: Fee Considerations
Fee-levelization and zero revenue sharing are the newest trends for retirement plan fees.