Tag: ERISA
Verizon Retirees Hope Supreme Court Will Revive PRT Suit
After seeing their pension risk transfer lawsuits dismissed in both district and circuit court, tens of thousands of former Verizon employees hope SCOTUS will have more sympathy.
House Committee Advances Anti-Fiduciary Rule Bills
The Republican-dominated House of Representative’s ongoing effort to halt the Department of Labor’s fiduciary rulemaking is starting to look a lot like its previous attempts to gut the...
Tips and Next Steps After ‘Montanile’ Decision
ERISA expert discusses the significant implications of the Supreme Court’s decision in Montanile v. Board of Trustees, especially as it pertains to enforcing liens on retirement or health...
2017 White House Budget Includes Open MEP Expansion
The Obama administration intends to extend workplace access to a retirement savings opportunity to more than 30 million Americans.
SCOTUS Again Remands Stock Drop Case
The Supreme Court returned Amgen’s ESOP case to the lower court for a second time.
ERISA Breach Case Hinges on SunEdison Company Stock
A former SunEdison employee is suing the company, a raft of its directors and State Street Bank for continuing to offer SunEdison stock in the retirement plan.
Supreme Court’s ‘Montanile’ Decision Makes Waves
A recent decision by the U.S. Supreme Court seems to limit the ability of ERISA plans to seek equitable relief or reimbursement of payments from a third-party recovery—especially...
SCOTUS Passes on ERISA Plan Lawsuit Venue Case
The Supreme Court has denied a petition to review a case about restriction-of-venue clauses in retirement plan documents related to ERISA challenges—based not on the weakness of appellees’...
Court Relieves JP Morgan of Stock Drop Claims
A lawsuit brought by participants in JP Morgan’s 401(k) plan alleging imprudence in keeping company stock in the plan was dismissed under the new Supreme Court standard.
'Largely Unpredictable' Which Clients Could be Sued by Participants
One attorney specializing in ERISA litigation suggests the pace of lawsuits has increased fairly substantially in the last year, with signs of even more momentum in 2016.
Waiting on an In-Plan Income Safe Harbor
Defined contribution retirement plan sponsors remain cautious and curious about structured withdrawal products.
DC Plan Litigation Landscape Still Heating Up
The end of 2015 has seen an expanding range of retirement plan litigation cases, notes ERISA attorney David Levine.
Would Providing SARs Really Help Participants?
OMB is asking advisers and retirement industry providers for comments about the necessity of providing Summary Annual Reports to participants, and the burden it might create for industry...
Cerulli Questions Common ‘Fiduciary Rollover’ Narrative
Cerulli Associates does not anticipate a slowdown in adviser-mediated rollover activity in the foreseeable future—whether or not a strengthened fiduciary rule is approved by the DOL.
Post Budget Act Stumble, Congress Tries Again to Impact Fiduciary Rule
It’s a particular skill of Congress to make the improbable appear promising—whether it comes to overturning the Affordable Care Act or, as was the case this week, delaying...
Congress Fails in Effort to Slow Fiduciary Rule Process
In the end, none of the various proposals moving in Congress around the omnibus appropriation budget deal regarding the fiduciary rule were included.
SCOTUS Case Could Reshape ERISA Liens and Damages
ERISA attorney Nancy Ross explains the potential outcomes of Montanile v. Board of Trustees, a low-flying but potentially important Supreme Court case testing the difference between damages and...
Plan Sponsor Procedural Errors Rebuked by Appeals Court
A federal appeals court found easy grounds for approving a default judgement levied against a plan sponsor whom effectively ignored participants’ claims regarding delinquent employer contributions.