Given the continuing wave of ERISA litigation, this article has become a mainstay of The Speed Reader. Cases that were filed or for which courts issued rulings recently are outlined below, although please note that this list is not exhaustive. Laborers’ Pension Fund v. Miscevic (decided on January 29, 2018 by the U.S. Court of […]
Given the continuing wave of ERISA litigation updates, this article has become a mainstay of The Speed Reader. Cases that were filed or for which courts issued rulings recently are outlined below, although please note that this list is not exhaustive. Hay v. Gucci America, Inc. (complaint filed on September 15, 2017 in the […]
In an April 20, 2017 memorandum to its employee benefit plans examinations staff, the IRS provided guidance on the narrow issue of the amount of money available for a loan when a participant has received multiple loans from a qualified plan during the past year. The memorandum begins by explaining that under Internal Revenue […]
Given the continuing wave of ERISA litigation, this article has become a mainstay of The Speed Reader. Court cases that were filed (or for which courts issued rulings) recently include the following, although please note that this list is not exhaustive: Hugler v. Weinhagen (decided on April 11, 2017 by the U.S. District Court […]
The IRS recently published two pieces of guidance regarding documentation requirements for supporting proper safe harbor hardship distributions. First, on February 23, in an internal memorandum, the IRS provided guidelines for its employees who will examine whether a section 401(k) plan hardship distribution is “deemed to be on account of an immediate and heavy financial […]
In keeping with the current trend in ERISA litigation, two more cases recently were resolved via settlement agreements between the litigants. Gordan v. Mass. Mutual Life Ins. Co. (United States District Court for the District of Massachusetts): In this class action lawsuit that was filed in 2013, the plaintiffs are participants in the retirement […]
When: Wednesday, April 20, 2016 Location: Empower Retirement Conference Center 8525 E. Orchard Road, Greenwood Village, CO 80111 Time: 8:00 am – 12:30 pm Included: Continental Breakfast, Workshop and Lunch Cost: Free to MRP’s plan sponsor clients and invited guestsWorkshop Topics: “Report for Duty” Your changing role as a plan fiduciary & plan fees “Drone Strikes” Collective […]
The U.S. District Court for the Eastern District of Pennsylvania (the “Court”) recently issued its decision in the case of Zgrablich v. Cardone Industries, Inc., dealing with ERISA’s application to certain severance provisions in an employment agreement. After the plaintiff was fired from his executive position with the defendant, the defendant refused to pay him […]
Plan sponsors using a “pre-approved” retirement plan document for their defined contribution plan (in the form of either a prototype or a volume submitter) generally must execute a plan restatement on or before April 30, 2016. The exception to that general rule applies to sponsors of pre-approved defined contribution plans adopted on or after January […]
On December 29, 2015, the United States Court of Appeals for the Third Circuit (the “Court”) issued its decision in the case of Kaplan v. St. Peter’s Healthcare System. The case involved ERISA’s provisions that exempt certain church plans from its coverage (e.g., reporting and disclosure rules; rules governing fiduciaries’ conduct). By way of background, […]