EBIA Weekly Archives - 401(k) - Court Cases
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Results (333 articles found)
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- Plan Fiduciaries Cannot Use ERISA Section 404(c) to Defend Against Claims Regarding Employer Stock Fund
- From the April 16, 2009 EBIA Weekly
- This employer sponsored seven retirement plans, all of which allowed plan participants to invest in an employer stock fund. After participants suffered substantial losses due to alleged accounting fraud and other improprieties, a group of plan participants brought a class ...
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- Employees Discharged Due to Plant Closing May Not Proceed With ERISA Section 510 Interference Claim
- From the April 09, 2009 EBIA Weekly
- A group of former employees claimed that their employer violated ERISA Section 510 when it closed the plant where they worked and discharged them to prevent their retirement eligibility. (ERISA Section 510 makes it unlawful to discharge or otherwise discriminate ...
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- Employer Must Provide Claims Administrator's Internal Guidelines Relied on in Denying Participant's Claim
- From the March 19, 2009 EBIA Weekly
- The participant in this case sued her former employer and the third-party claims administrator of the employer’s self-insured health plan, alleging, among other things, that they failed to timely respond to her multiple written requests for ...
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- Trustee's Delay in Filing Breach of Fiduciary Duty Claim Over Ponzi Scheme Investment Results in Dismissal
- From the March 19, 2009 EBIA Weekly
- ERISA generally requires that fiduciary breach claims be brought within six years after the breach occurs or within three years after the claimant has actual knowledge of the breach, whichever is earlier. In this case, the 401(k) plan of ...
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- Seventh Circuit: Non-Disclosure of Revenue Sharing Did Not Violate ERISA
- From the March 05, 2009 EBIA Weekly
- The Seventh Circuit has affirmed a trial court’s finding that there is no existing requirement under ERISA to disclose revenue sharing information to plan participants (see our article at http://www.ebia.com/WeeklyArchives/401k/CourtCases/19072 (Premium ...
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- Employer and Independent Fiduciary "Unquestionably" Satisfied Their Fiduciary Duties in Sales of Employer Stock
- From the February 19, 2009 EBIA Weekly
- The employer in this case offered an employer stock fund as an investment option under its 401(k) plan. After it began Chapter 11 bankruptcy proceedings (to limit its potentially massive liability due to asbestos-related personal injury suits), the ...
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- Plan Administrator Properly Followed Plan Documents and Paid Ex-Spouse Despite Divorce Decree Waiver
- From the January 29, 2009 EBIA Weekly
- The Supreme Court agreed to hear this case to resolve a split among Circuit and State Supreme Courts over whether an ex-spouse’s waiver of benefits in a divorce decree that is not a QDRO can divest the ...
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- QDRO Awarding Pension Benefits to Domestic Partner in "Quasi-Marital Relationship" Upheld on Appeal
- From the January 29, 2009 EBIA Weekly
- The participant in this case and his long-term partner never legally married but lived together in a “quasi-marital” relationship for over 30 years. When they separated, the partner obtained a state court order assigning her 50% ...
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- State Court Lacks Jurisdiction to Determine Whether a DRO Is a QDRO
- From the January 22, 2009 EBIA Weekly
- The participant in this case and his first spouse (the alternate payee) divorced. The participant later remarried, retired, and elected to receive his benefits as a joint and survivor annuity with his second spouse as the survivor annuitant. Years after ...
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- Two More Federal Circuits Consider Impact of Glenn Decision on Standard of Review
- From the January 08, 2009 EBIA Weekly
- Two more circuit courts have reevaluated their standard of judicial review applicable in ERISA benefits litigation in light of the U.S. Supreme Court’s Glenn decision. (See our articles at http://www.ebia.com/WeeklyArchives/ERISA/CourtCases/19423 ...
