EBIA Weekly Archives - 401(k) - Court Cases
Below is a list of EBIA Weekly articles in the category you selected.
To change or refine the scope of the articles listed, select a category below or perform a search in the column to the left.
We provide free access to our search engine and to the list of search results. The list will include the headline and an excerpt from each EBIA Weekly article that is retrieved as a result of your search.
The full searchable library of EBIA Weekly articles is available on Newsstand.
per page:
Results (326 articles found)
-
- 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% ...
-
- 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 ...
-
- 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 ...
-
- Plan Can Offset Loan Balance Despite Violation of DOL Limit on Use of Plan Benefits to Secure Loans
- From the October 30, 2008 EBIA Weekly
- In this case, a highly compensated employee took loans from both his employer’s pension and profit-sharing plans. One of the loans was secured by 75% of the employee’s benefit in the pension plan despite a ...
-
- ERISA Does Not Require Claimants to Exhaust All Issues Before Filing Suit
- From the October 30, 2008 EBIA Weekly
- The health plan in this case refused to pay the medical expenses of a claimant who was legally intoxicated at the time he was injured in a motorcycle accident. Although the claimant submitted a letter stating several “procedural” ...
-
- ERISA Section 107 Does Not Require Retention of Old Pension Plan Documents
- From the October 16, 2008 EBIA Weekly
- This case caught our eye because of the ERISA recordkeeping issue it addresses: namely, whether ERISA Section 107 requires a plan to retain copies of old plan documents. The case involved a former employee who had several long-past periods ...
-
- Ninth Circuit Joins Other Circuits in Allowing Cashed-Out Plan Participants to Sue for Breach of Fiduciary Duty
- From the October 09, 2008 EBIA Weekly
- The Ninth Circuit has joined six other circuits holding that former employees who have cashed out their individual accounts in a former employer’s defined contribution plan are still “participants” who can sue to recover losses arising ...
-
- Three Federal Circuit Courts Consider the Impact of Supreme Court's Glenn Decision on Standard of Review Analysis
- From the October 02, 2008 EBIA Weekly
- The circuit courts have begun to address the impact of the U.S. Supreme Court’s Glenn decision on the standard of review applicable in ERISA benefits litigation. (See our article on Glenn at http://www.ebia.com/WeeklyArchives/...
-
- Two More Circuit Courts Allow Cashed-Out Former Employees to Sue as "Participants" for Losses Caused by Fiduciary Breach
- From the September 11, 2008 EBIA Weekly
- Two more circuit courts have concluded that former employees who no longer have any account balance in their former employer’s defined contribution plan are still “participants” who can bring a breach of fiduciary duty claim for ...
-
- TPA Breached Fiduciary Duties by Paying Itself From Health Plan Assets and Forwarding Remainder to Bankrupt Plan Sponsor
- From the September 11, 2008 EBIA Weekly
- The Sixth Circuit previously held that the third-party administrator (TPA) in this case was an ERISA fiduciary of a self-funded health plan because the TPA had exercised control (via checkwriting authority) over plan assets, and sent the case ...
