EBIA Weekly Archives - 401(k) - Court Cases
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Results (326 articles found)
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- No Fiduciary Liability for Employer or HR Representative Who Gave Participant Inaccurate Benefit Information
- From the April 24, 2008 EBIA Weekly
- The pension plan participant in this case received estimates that overstated the amount of his benefit. The participant later sued to obtain the higher benefit amount, claiming that an HR employee breached his fiduciary duty by giving an incorrect estimate ...
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- Terminated Employee Who Needed Surgery May Proceed With ERISA Section 510 Interference Claim
- From the April 17, 2008 EBIA Weekly
- The employee in this case was told by his doctor that he would need surgery. A few days after informing his employer of the intended surgery, the employee was terminated due to “lack of work” (though the employer ...
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- Failure to Disclose Revenue Sharing Not a Fiduciary Breach but May Jeopardize ERISA Section 404(c) Relief
- From the March 06, 2008 EBIA Weekly
- In this case, participants in a 401(k) plan sued the plan sponsor, the trustee, and an investment advisor affiliate of the trustee, claiming that all had committed fiduciary breaches in connection with revenue sharing payments that the affiliated investment ...
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- Supreme Court Rules That 401(k) Participant Can Pursue Fiduciary Breach Claim for Alleged Investment Losses
- From the February 21, 2008 EBIA Weekly
- The U.S. Supreme Court has ruled that an individual 401(k) participant can pursue a fiduciary breach claim under ERISA Section 502(a)(2) for alleged investment losses to his account. The participant in this case claimed that the ...
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- ERISA Governs Dispute Involving Competing Claims to Participant's Retirement Benefits
- From the February 14, 2008 EBIA Weekly
- This case involves two former spouses’ competing claims to a participant’s retirement plan benefits. The participant’s first spouse obtained a state court order placing a lien on the participant’s plan distributions to collect ...
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- Letter Stating That Participant Wished to Appeal Benefit Denial Should Have Been Treated as an Appeal
- From the February 14, 2008 EBIA Weekly
- When is an appeal initiated under the DOL claims procedure regulations? The participant in this case received benefits under his employer’s long-term disability plan for two years, after which the plan’s insurer sent him a ...
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- ERISA Penalties Assessed Against Plan Committee That Delayed Producing Documents Upon Request
- From the January 24, 2008 EBIA Weekly
- After the participant was denied disability retirement benefits, she appealed to the plan’s TPA. The TPA upheld the denial, and advised the participant that she could further appeal its denial to a plan committee, and that she was ...
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- Court Remands Claim Because Denial Letter Did Not Tell Participant How to Perfect Claim
- From the January 24, 2008 EBIA Weekly
- Under the DOL claims procedure regulations, an adverse benefit determination must include a description of any additional information or material needed from the claimant to “perfect the claim,” and an explanation of why the additional information is necessary. ...
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- Plan Cannot Deny Benefits Based on Retroactive Amendment to Correct Scrivener's Error
- From the January 17, 2008 EBIA Weekly
- This case highlights the principle that an ERISA plan cannot deny vested plan benefits based on a retroactive amendment when, prior to the amendment, the plan document and the summary plan document (SPD) unambiguously provided those benefits. The participant in ...
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- Plan's Arbitration Clause Requiring Cost-Sharing Violates ERISA and Is Unenforceable
- From the December 06, 2007 EBIA Weekly
- The plan participant in this case first became eligible for pension benefits at a time when the plan provided participants with the right to arbitrate adverse benefit decisions. After receiving a pension for several years, the participant’s pension ...
