Plan Document Updates May Be Needed After 'Montanile' Decision
ERISA expert discusses the significant implications of the Supreme Court’s decision in Montanile v. Board of Trustees, especially as it...
Tag: ERISA
SCOTUS ‘Montanile’ Decision Means Lien Enforcement Must Be Quick
It is essential for plan sponsors to understand how liens work under ERISA—and how a recent Supreme Court decision puts...
SCOTUS Passes on ERISA Plan Lawsuit Venue Case
A lack of circuit court conflict has the Supreme Court passing on an important question related to qualified retirement plans:...
JP Morgan Granted Win in Stock Drop Suit
Participants in JP Morgan’s 401(k) plan failed to state a claim that the company acted imprudently by keeping company stock...
Catholic Health Initiatives Wins Church Plan Challenge
A federal judge found the meaning of “church” is not as simple as “a house of worship.”
Don’t Wait to Enforce Liens on Plan Overpayments
ERISA attorney Nancy Ross explains why it’s essential for plan sponsors to understand how liens work under ERISA—and how an...
Plan Sponsor Errors At Heart of Appeals Court Ruling
Proper procedure is absolutely essential when it comes to fielding ERISA claims, as one plan sponsor has had to learn...
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Plan Distribution Success Is Sponsor’s Job
Plan sponsors have some important fiduciary responsibilities related to retirement plan distributions and rollovers.
DOL Proposes Guidance on State-Run Plans for Private Sector
States offering retirement planning solutions to private-sector workers got their first look at a few highly anticipated (and increasingly controversial)...
State Street’s Handling of GM Stock for 401(k) Gets Court Blessing
An appellate court found State Street’s process to review the GM stock investment was prudent.
Another Challenge to the DOL Fiduciary Rule
Congressional representatives seek to protect retirement investors and stall DOL fiduciary rule.
ESG Investing Enters 'New' Paradigm
While introducing new guidance, Labor Secretary Thomas Perez told reporters ESG-based investing no longer has “the cooties” from an ERISA...
Perez Speech Hints at DOL Fiduciary Flexibility
Speaking at a Brookings Institution public meeting, U.S. Secretary of Labor Thomas Perez said he is “confident we will be...
Foot Locker Ordered to Reform Cash Balance Plan
A court found purposeful miscommunications led participants to expect a different benefit than they were accruing.
9th Circuit Weighs In on Successor Withdrawal Liability
The appellate court determined a district court did not properly review successorship factors.
Participant Could Get Relief for Difference in Document and SPD
A court found a pension plan’s SPD materially conflicted with the plan document, so a participant who expected to receive...
Court Questions Ability to Recover Pension Overpayments
Questions about whether funds can be identified in the participant’s possession and when the statute of limitations started to accrue...
No Individual Harm Means No Claim Against Pension Plan
A federal appellate court says a defined benefit plan beneficiary has no standing to sue the plan if he cannot...
ERISA Plans Not Safe from Government-Owed Restitution
A federal court has found a retirement plan participant’s plan balance can be garnished for money owed to the U.S....
DOL Clarifies Annuity Selection Safe Harbor Regulation
In a Field Assistance Bulletin, the DOL answers questions it has received about the fiduciary selection safe harbor regulation for...