Publications for ERISA
On November 28, 2018, the Court of Appeals for the Ninth Circuit issued an opinion in the matter of Sulyma v. Intel Corporation Investment Policy Committee, 2016 U.S. Dist. Lexis 186834 (2018) ("Intel").
The U.S. Department of Labor (“DOL”) recently announced that its final rule (the “Final Rule”) on disability claims procedures for employer-provided disability benefits will go into effect on April 1, 2018.
The article discusses the trio of church plan cases decided by the U.S. Supreme Court regarding whether plans that were established and maintained by a religiously-affiliated hospital, but not a church, were permitted to use the exemption.
The U.S. Department of Labor published the final Service Provider Fee Disclosure Regulation. The Final Regulation requires that certain retirement plan vendors who supply services to a "covered plan" disclose certain information to the employer sponsor with regard to the compensation that is received by the vendor for the performance of those services.
The U.S. Supreme Court has held that equitable relief may be available to employees under ERISA Sec. 502(a)(3) to reform the terms of a pension plan in the event of a fiduciary breach.
The United States Supreme Court recently held that for purposes of ERISA Sec. 502(a)(1)(b), the terms of a summary plan description cannot be enforced as terms of the plan it summarizes.
The Sixth Circuit recently broke precedent and joined a number of other U.S. circuit courts by preventing an ERISA plan administrator from correcting an inaccurate benefit calculation.
Each participant in a retirement plan is often given the opportunity to invest his or her plan account balance in various investment vehicles.
The U.S. Department of Labor recently published new regulations that affect 401(k) plans and 403(b) plans that are subject to ERISA.
The trial court in Metro. Life Insurance Company v. Hanson, held that a qualified domestic relations order (QDRO), which awarded benefits under an ERISA welfare benefit plan to the participant’s children, was enforceable with respect to a welfare benefit plan.
Under the Employee Retirement Income Security Act ("ERISA"), an employer who adopts or agrees to participate in a qualified pension plan is required to make ongoing pension contributions to the pension fund.
Most lawyers, and their clients have historically viewed assets in a retirement plan as “safe” from all but the most highly protected creditors.
The Federal Reserve System approved final rules that amend the regulations implementing the Truth in Lending Act of 1968 (“TILA”), widely known as “Regulation Z.”