EBIA Weekly Archives - 401(k) - Court Cases
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Results (333 articles found)
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- 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 ...
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- 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” ...
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- 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 ...
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- 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 ...
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- 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/...
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- 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 ...
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- 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 ...
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- Trial Court Permits Limited Discovery Regarding Insurer's Alleged Conflict of Interest
- From the August 21, 2008 EBIA Weekly
- In its recent decision in the Glenn case, the U.S. Supreme Court held that an insurer’s dual role in deciding and paying claims for benefits creates a conflict of interest that a court should consider when determining ...
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- What a Difference a Word Makes: Plan Without "Discretion" Language Loses Appeal in Benefits Case
- From the July 15, 2008 EBIA Weekly
- Two recent federal appeals court cases demonstrate that having the right language in the plan document often determines whether the plan wins or loses a benefits-denial case. In each case, the plan administrator denied a claim for disability benefits, ...
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- Failure to Meet Technical Requirements and to Timely Submit Divorce Decree Prevent Recognition as QDRO
- From the July 15, 2008 EBIA Weekly
- This case involved a divorce decree that was not submitted to the plan administrator until after the participant’s death, which occurred more than two years after the divorce. The plan administrator found that the decree could not be ...
