EBIA Weekly Archives - 401(k) - Court Cases

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Results (326 articles found)


  1. 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 &#...
    [Wiley v. Cendant Corp. Short Term Disability Plan, 2009 WL 1940780 (N.D. Cal. 2009)]
  2. 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 ...
    [Delso v. Trs. of Ret. Plan for Hourly Employees of Merck & Co., 2009 WL 1928388 (3d Cir. 2009)]
  3. Appeals Court Confirms That CEO Was Not Required to Take Additional Action on Plan Losses
    From the July 30, 2009 EBIA Weekly
    In 2007, we twice reported on the Holdeman case, a class action involving employees who were left with unpaid medical claims when their financially troubled employer failed to adequately fund the company’s self-insured health plan. (See our ...
    [Holdeman v. Devine, 2009 WL 2151887 (10th Cir. 2009)]
  4. Tax Court Affirms That Participant's Refinanced Plan Loan Resulted in Taxable Deemed Distribution
    From the July 23, 2009 EBIA Weekly
    In this case, a New York City Transit Authority employee challenged an IRS determination that he owed additional taxes because of a refinanced qualified plan loan. The employee, who was a participant in the New York City Employees’ Retirement ...
    [Billups v. Comm'r, T.C. Summ. Op. 2009-86 (2009)]
  5. Lender and Consultant Are Not Fiduciaries of Employer's 401(k) Plan Because Neither Exercised Discretion or Control Over Plan or Plan Assets
    From the July 07, 2009 EBIA Weekly
    For more than a year, a financially troubled employer failed to make wage payments and to deposit contributions to its 401(k) plan. Although the employer ultimately paid some of these amounts, many of the contributions to the plan were ...
    [Vengurlekar v. HSBC Bank USA, 2009 WL 362003 (S.D.N.Y. 2009)]
  6. Court Rejects ERISA Section 510 Interference Claim Because Employee Was Not Entitled to Plan Benefits
    From the June 25, 2009 EBIA Weekly
    After announcing his intent to pursue another career, the employee in this case agreed to postpone his departure to help transition his job duties to his replacement. On learning who would replace him, though, the employee made disparaging remarks about ...
    [Pendleton v. QuikTrip Corp., 2009 WL 1577172 (8th Cir. 2009)]
  7. Plans That Failed to Follow Their Own Procedures Must Pay Spouse Amounts Already Paid to Children
    From the June 18, 2009 EBIA Weekly
    The two 401(k) plans in this case made plan distributions to a deceased participant’s children even after receiving notice that an individual claiming to be the participant’s common-law spouse had started a court proceeding ...
    [Smith v. New Mexico Coal 401(k) Personal Savings Plan, 2009 WL 1598454 (10th Cir. 2009)]
  8. Court Denies Penalties for Document-Request Failure When Participant Not Harmed
    From the June 18, 2009 EBIA Weekly
    The participant in this lawsuit, which included a claim for severance benefits, sought ERISA penalties for the employer’s alleged failure to timely provide plan documents that she had requested. The participant claimed that the plan failed to respond ...
    [Nair v. Pfizer, Inc., 2009 WL 1635380 (D.N.J. 2009)]
  9. Plan Provision Relieving Trustee of Duty to Monitor and Collect Contributions Is Void as Against Public Policy
    From the June 11, 2009 EBIA Weekly
    The DOL, in this case, asked the court to declare that a plan provision relieving the trustee of any duty to monitor or collect required employer contributions was void as against public policy under ERISA Section 410 (which voids any ...
    [Solis v. Plan Benefit Services, Inc., 2009 WL 799092 (D. Mass. 2009) ]
  10. Administrator Breached Fiduciary Duties by Loaning Plan Funds to Start-Up Company
    From the June 11, 2009 EBIA Weekly
    This fiduciary breach case involved a series of loans made with plan funds from an ERISA welfare benefit trust to a start-up company. The loans were recommended as plan investments by an investment advisor, who indicated to the plan ...
    [De Costa v. Rodrigues, 2009 WL 1489637 (9th Cir. 2009) ]

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