EBIA Weekly Archives - 401(k) - Court Cases
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Results (333 articles found)
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- Fired Employee Awarded Damages and Attorneys' Fees Under ERISA for Retaliatory Termination
- From the November 16, 2006 EBIA Weekly
- This is a follow-up decision to one we reported on in June, in which a court allowed an employee’s retaliatory termination claim to proceed to trial (see our article at http://www.ebia.com/WeeklyArchives/401k/CourtCases/...
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- Supreme Court's Knudson Decision Does Not Limit Plan's Right to Recover Benefit Overpayments by Reducing Future Benefits
- From the November 09, 2006 EBIA Weekly
- The Seventh Circuit has upheld the right of ERISA plans to recover overpaid benefits through reductions in future benefit payments. (See our article on the lower court decision in this case at http://www.ebia.com/WeeklyArchives/ERISA/CourtCases/18130 (...
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- Employer's Failure to Inform Participant About Coverage Exception May Breach Fiduciary Duties
- From the November 02, 2006 EBIA Weekly
- When the employee in this case was diagnosed with leukemia and was hospitalized, he took a leave of absence at his manager’s recommendation even though he had unused vacation days. Three days later, the employee died. The employee ...
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- Court Upholds Plan's Determination That Participant's Incomplete Beneficiary Change Form Is Enforceable
- From the October 26, 2006 EBIA Weekly
- A 401(k) plan participant, who had previously submitted a beneficiary form naming his mother as primary beneficiary and his former stepdaughter as secondary, submitted a second form naming his former stepdaughter as sole beneficiary. The plan returned the second ...
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- Mandatory Binding Arbitration Clause Violates Claims Regulations
- From the October 12, 2006 EBIA Weekly
- After being injured on the job, the employee in this case was denied disability benefits under his employer’s occupational injury benefit plan (an alternative ERISA plan for non-subscribers to the state’s workers’ compensation act). ...
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- CEO Who Never Exercised His Signature Power Over Claims Account Was Not a Fiduciary
- From the September 28, 2006 EBIA Weekly
- A group of employees who lost their jobs in connection with their employer’s bankruptcy sued the employer and its CEO under ERISA, claiming that amounts withheld from their pay had not been deposited to a claims account used ...
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- Plan-Imposed Statute of Limitations Period Enforced Even Though TPA Didn't Disclose It to Participant
- From the September 21, 2006 EBIA Weekly
- The participant in this case applied for short-term disability (STD) and long-term disability (LTD) benefits under her employer’s self-funded STD and LTD plans, which were offered under the employer’s cafeteria plans. The third-...
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- No Statutory Penalties Where Document Request Was Not Made to Plan Administrator
- From the September 14, 2006 EBIA Weekly
- The participant in this case requested a copy of his long-term disability policy approximately two years after his claim for benefits was denied. The request was submitted to the participant’s employer. A human resources director responded, but ...
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- Mistake in Calculation Made by Non-Fiduciary Is Not a Breach of Fiduciary Duty
- From the September 14, 2006 EBIA Weekly
- A pension plan participant sued when his final benefit under the plan was significantly lower than estimates provided both through an automated system and on his benefit option election form. The erroneous calculation resulted from an incorrect “band” (...
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- Provision of Merger Agreement Was Effective to Amend Plan and Limit Right to Change Retiree Medical Benefits
- From the September 07, 2006 EBIA Weekly
- A merger agreement provided that the retiree medical plan of the surviving company would be maintained by the new parent company “except to the extent that any modifications . . . are consistent with changes in the medical plans provided by [the ...
