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Back to Basics: IRS Issues Ruling About Failure To Cash A Distribution Check from A Qualified Retirement Plan
In Revenue Ruling 2019-19, the IRS answered three basic questions about the consequences of an individual's failure to cash a distribution check from a qualified retirement plan
United States
22 Aug 2019
2
Quick Tips For ERISA Plan Administrators When Something Goes Wrong (Video)
In 2010, after nearly two centuries of legal jurisprudence, the U.S. Supreme Court (in Conkright v. Frommert), concluded that "People make mistakes."
United States
31 Jul 2019
3
Digging into the New HRA Regulations, Part 2 – ERISA Implications
New regulations issued by the Departments of Labor, Treasury, and Health and Human Services have expanded the use of health reimbursement accounts ("HRAs") by allowing reimbursements for individual market insurance premiums.
United States
24 Jul 2019
4
Ninth Circuit Concludes Domestic Partner Entitled To Benefits
The Ninth Circuit concluded that a plan fiduciary abused its discretion in denying survival benefits to a pension plan participant's domestic partner.
United States
18 Jul 2019
5
Foreign Nationals Don't Have ERISA Claims
A federal district court in Pennsylvania held that it did not have subject matter jurisdiction to hear a claim for disability benefits under an ERISA plan brought by foreign nationals working in the Republic of Kosovo.
United States
18 Jul 2019
6
U.S. Supreme Court Agrees To Hear IBM's Challenge To Second Circuit Ruling In ERISA Stock-Drop Suit
In December 2018, we reported here that the Second Circuit became the first court at any level to allow an ERISA stock-drop claim to survive a motion to dismiss since the Supreme Court revamped
United States
19 Jun 2019
7
SECURE Act: Key Changes For Plan Sponsors And Employers
Last week, the U.S. House of Representatives passed the Setting Every Community Up for Retirement Enhancements (SECURE) Act of 2019.
United States
18 Jun 2019
8
Third Circuit Upholds Health Plan's Anti-Assignment Clause
The Third Circuit recently held that anti-assignment clauses in ERISA-governed healthcare plans are enforceable as long as they are unambiguous.
United States
17 Jun 2019
9
A Good 403(b) Or A Bad 403(b)? A Question IRS Auditors Look To Answer
In each case, the answer depends on whether the document and operation are in compliance with the many technical requirements for section 403(b) plans.
United States
28 May 2019
10
Third Circuit Resuscitates Claims Against University 403(b) Plan Fiduciaries
Over the past several years, the ERISA plaintiffs' bar has targeted university-sponsored 403(b) plans, arguing that the plan fiduciaries breached their fiduciary duties and engaged in prohibited
United States
28 May 2019
11
IRS Announces Limited Expansion Of Its Determination Letter Program For Individually Designed Retirement Plans – But Questions Remain
On May 1, 2019, the IRS released Revenue Procedure 2019-20 which provides for a limited-scope expansion of its determination letter program for individually designed plans.
United States
20 May 2019
12
[Podcast]: Suspension Of Benefits Issues
In this episode of the Proskauer Benefits Brief, partner Paul Hamburger, and associate Katrina McCann discuss the suspension of benefits rules ...
United States
12 Apr 2019
13
ERISA Newsletter
We often talk about the importance of evaluating whether there are any procedural obstacles to plaintiffs pursuing their ERISA claims, particularly in complex,
United States
12 Apr 2019
14
PBGC Proposes Simplified Methods For Withdrawal Liability Calculations
On February 6, 2019, the Pension Benefit Guaranty Corporation ("PBGC") issued a proposed rule that impacts how multiemployer pension plans in endangered or critical status calculate withdrawal
United States
11 Apr 2019
15
ERISA Administrative Appeal Barred As Untimely
The First Circuit held that a plaintiff failed to timely exhaust her administrative remedies under a long-term disability plan because the plan's 180-day time limit for submitting appeals commenced on the date the plaintiff received notice ...
United States
21 Mar 2019
16
Plaintiffs Not Entitled To Jury Trial For ERISA Breach Of Fiduciary Duty Claims
Massachusetts Institute of Technology persuaded a federal district court to toss a jury demand in a case alleging that the MIT 401(k)
United States
20 Mar 2019
17
The Third Circuit Finds No Age Discrimination Related To Virgin Islands Law That Encouraged Long-Tenured Employees To Retire
Those who declined to retire had to contribute an additional 3% of their salary to the pension plan.
United States
20 Mar 2019
18
IRS Reopens Opportunity To Cash Out Retirees In Pay Status—At Least For Now
One de-risking tool for employers with defined benefit pension liabilities is to allow participants to receive lump-sum distributions.
United States
19 Mar 2019
19
IRS Expands Rules For Returning Mistaken HSA Contributions
In Notice 2008-59, the IRS provided certain limited exceptions to its previously stated general position that employers may not recoup any portion of the employer's contribution to an HSA
United States
6 Mar 2019
20
Categorical Conflict Of Interest Does Not Alter Standard Of Review Of Benefit Denials
The Second Circuit held that plaintiffs' allegations that the defendant suffered from a "categorical potential conflict of interest" did not affect the application of the arbitrary and capricious standard of review...
United States
20 Feb 2019
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