EBIA Weekly Archives - 401(k) - Court Cases
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Results (324 articles found)
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- Plan Administrator Cannot Consider Motivation for Participants' Divorces When Determining Status of QDRO
- From the October 22, 2009 EBIA Weekly
- In this case, a plan administrator sought to recover lump sum benefits that a pension plan paid pursuant to QDROs that the administrator claimed were the result of “sham” divorces. According to the administrator, the plan participants—...
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- Oral Statements Allegedly Changing Plan Terms Did Not Support Claim for Fiduciary Breach
- From the October 08, 2009 EBIA Weekly
- In this case, executives of a subsidiary group that merged with its parent company sued the parent (and plan sponsor) for alleged oral misrepresentations about how their pensions would be calculated. According to the executives, they were promised that their ...
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- TPA's Fiduciary Liability Was Properly Limited to the Amount of Health Plan Assets Over Which It Exercised Control
- From the September 10, 2009 EBIA Weekly
- A company edging toward bankruptcy stopped contributing to its self-funded health plan. The plan’s TPA terminated its contract with the company, and then wrote three checks (totaling approximately $10,700) on the plan’s account: one ...
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- Employee's Letter in Response to Insurer's Decision to Close Claim Was Not an Appeal
- From the September 03, 2009 EBIA Weekly
- This case addresses what constitutes an appeal under the DOL claims procedure regulations. The employee in the case stopped going to work due to a health condition and sought benefits under her employer’s long-term disability plan. According ...
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- Seventh Circuit Emphasizes Need to Assess the "Gravity" of Any Conflict of Interest in Its Latest Post-Glenn Decision
- From the August 27, 2009 EBIA Weekly
- The Seventh Circuit has decided another case addressing the effect of the Supreme Court’s Glenn decision when applying the deferential abuse of discretion standard of review in a conflict of interest situation. (For a discussion of two other ...
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- ERISA Section 404(c) Bars Fiduciary Liability Claims Against Trustee for Losses Caused by Participants' Investment Advisor
- From the August 20, 2009 EBIA Weekly
- Two participants in a 401(k) plan brought this suit against their plan’s trustee after discovering that their accounts had suffered substantial losses through the actions of the investment advisor whom both participants had appointed to manage their ...
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- Two Seventh Circuit Disability Cases Illustrate Glenn Conflict of Interest Analysis
- From the August 20, 2009 EBIA Weekly
- The Seventh Circuit has decided a pair of LTD benefit cases that consider the impact of the U.S. Supreme Court’s Glenn decision. That case held that if an ERISA plan document gives a plan decisionmaker “discretionary&#...
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- Participant Who Voluntarily Cashed Out Has Statutory and Constitutional Standing to Sue for Fiduciary Breach
- From the August 13, 2009 EBIA Weekly
- In this case, the Ninth Circuit clarified its earlier holding that former employees who have cashed out of a defined contribution plan are still “participants” with standing to sue for a breach of fiduciary duty that allegedly reduced ...
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- SPD Disclaimer Does Not Cure Conflict in Plan Documents Regarding Grant of Discretionary Authority
- From the August 13, 2009 EBIA Weekly
- The employee in this case was denied disability benefits and sued his employer’s plan. In this decision affecting only the standard of review to be applied in later proceedings, the employee asked the court for the less deferential &#...
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- Plan Committee Correctly Denied Disability Retirement Benefit Application Received After Participant's Death
- From the August 06, 2009 EBIA Weekly
- While hospitalized, the participant in this case signed an application for disability retirement benefits from his employer’s plan but died suddenly before the application was delivered to his employer. The plan was silent as to the procedure for ...
