EBIA Weekly Archives - 401(k)
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Results (834 articles found)
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- Seventh Circuit Emphasizes Need to Assess the "Gravity" of Any Conflict of Interest in Its Latest Post-Glenn Decision
- From the August 27, 2009 EBIA Weekly
- The Seventh Circuit has decided another case addressing the effect of the Supreme Court’s Glenn decision when applying the deferential abuse of discretion standard of review in a conflict of interest situation. (For a discussion of two other ...
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- DOL Staff Members Provide Informal Views on Uncashed Checks, Plan Audits, and Class Action Lawsuits
- From the August 27, 2009 EBIA Weekly
- The Joint Committee on Employee Benefits (JCEB) of the American Bar Association has reported on its May 7, 2009 Q&A session with DOL staff members. Highlights include unofficial, nonbinding remarks about these 401(k)-related plan topics: uncashed ...
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- DOL Approves First Commercial Software Vendor for All-Electronic Form 5500 Filing Under EFAST2
- From the August 27, 2009 EBIA Weekly
- The DOL has begun compiling its list of companies that have developed “approved software” for use in preparing and submitting Form 5500 for the 2009 plan year under the new all-electronic EFAST2 system. As background, DOL final ...
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- ERISA Section 404(c) Bars Fiduciary Liability Claims Against Trustee for Losses Caused by Participants' Investment Advisor
- From the August 20, 2009 EBIA Weekly
- Two participants in a 401(k) plan brought this suit against their plan’s trustee after discovering that their accounts had suffered substantial losses through the actions of the investment advisor whom both participants had appointed to manage their ...
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- Two Seventh Circuit Disability Cases Illustrate Glenn Conflict of Interest Analysis
- From the August 20, 2009 EBIA Weekly
- The Seventh Circuit has decided a pair of LTD benefit cases that consider the impact of the U.S. Supreme Court’s Glenn decision. That case held that if an ERISA plan document gives a plan decisionmaker “discretionary&#...
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- Participant Who Voluntarily Cashed Out Has Statutory and Constitutional Standing to Sue for Fiduciary Breach
- From the August 13, 2009 EBIA Weekly
- In this case, the Ninth Circuit clarified its earlier holding that former employees who have cashed out of a defined contribution plan are still “participants” with standing to sue for a breach of fiduciary duty that allegedly reduced ...
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- IRS Extends End of Remedial Amendment Period and Affirms Cycle E Option for Governmental Plans
- From the August 13, 2009 EBIA Weekly
- In Revenue Procedure 2009-36, the IRS has extended the post-cycle remedial amendment period for governmental plans. As background, Code Section 401(b) provides a remedial amendment period during which plan sponsors may retroactively amend their plans to comply ...
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- SPD Disclaimer Does Not Cure Conflict in Plan Documents Regarding Grant of Discretionary Authority
- From the August 13, 2009 EBIA Weekly
- The employee in this case was denied disability benefits and sued his employer’s plan. In this decision affecting only the standard of review to be applied in later proceedings, the employee asked the court for the less deferential &#...
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- Plan Committee Correctly Denied Disability Retirement Benefit Application Received After Participant's Death
- From the August 06, 2009 EBIA Weekly
- While hospitalized, the participant in this case signed an application for disability retirement benefits from his employer’s plan but died suddenly before the application was delivered to his employer. The plan was silent as to the procedure for ...
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- Appeals Court Confirms That CEO Was Not Required to Take Additional Action on Plan Losses
- From the July 30, 2009 EBIA Weekly
- In 2007, we twice reported on the Holdeman case, a class action involving employees who were left with unpaid medical claims when their financially troubled employer failed to adequately fund the company’s self-insured health plan. (See our ...
