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Category Archives: Litigation
ESOP Style Over Substance Loses in Tax Court
“These transactions lacked economic substance and economic purpose and were entered into for the primary purpose of obtaining tax benefits.” In Weekend Warrior Trailers, Inc., et al. v. Commissioner, T.C. Memo 2011-105 (May 19, 2011), the U.S. Tax Court addressed … Continue reading
Disabled by AIDS in 1994 Does Not Mean Still Disabled in 2006 According to 7th Circuit
If a condition is grave enough to warrant disability in 1994, why isn’t it sufficient to warrant disability in 2006? The 7th Circuit Court of Appeals addressed this question in Jenkins v. Price Waterhouse Long Term Disability Plan, No. 06 … Continue reading
Posted in Cafeteria Plans, Litigation
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8th Circuit Decides Signed Letter to Participants Plus SPD Equals Amendment
In Halbach v. Great-West Life & Annuity, No. 07-3865/07-3867 (CA8 April 13, 2009), the 8th Circuit Court of Appeals recently addressed what constitutes a valid amendment to an employee welfare benefit plan. In 2004, Great-West provided a package of medical … Continue reading
Posted in amendments, Litigation, Vesting
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Termination Premiums are not Pre-Petition Claims Dischargeable in Bankruptcy
In PBGC v. Oneida, No. 08-2964-bk (CA 2nd, April 8, 2009), the Court of Appeals for the 2nd Circuit reversed the decision of the U.S. Bankruptcy Court for the Southern District of New York. The 2nd Circuit found that payments … Continue reading
Posted in Defined Benefit, Litigation, Termination
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And The Lilly Ledbetter Litigation Begins
It took just 8 days for the ERISA-related litigation over the Lilly Ledbetter Fair Pay Act of 2009 to begin. When President Obama signed the Lilly Ledbetter Act into law on January 29, 2009, it was heralded among the non-ERISA … Continue reading
Posted in Cash Balance, Legislation, Litigation
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Supreme Court to Divorced Participants – Check Beneficiary Designations if No Valid QDRO
“ERISA provides no exception to the plan administrator’s duty to act in accordance with plan documents.” – Headnote 2, Kennedy v. Plan Administrators for Dupont Savings. In the game of QDRO beneficiary tug-of-war between an ex-wife and daughter over a … Continue reading
Posted in Domestic Relations Order, Litigation
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9th Circuit Decides QJSA Tug of War in Favor of Spouse at Time of Retirement
“This case requires us to once again navigate the complex statutory scheme set out in the Employee Retirement Income Security Act of 1974….” – Judge Clifton, 9th Circuit Court of Appeals Yesterday, the 9th Circuit Court of Appeals decided whether … Continue reading
Posted in Distributions, Domestic Relations Order, ERISA, Litigation
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Cashed Out Participant is Still a Participant for Breach of Fiduciary Lawsuits
When is comes to litigating over alleged fiduciary breaches, when is a terminated employee no longer a participant. If you think the answer should be as soon as the terminated employee receives a lump sum distribution of their entire account … Continue reading
Posted in Investments, Litigation
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State of Florida to Buy US Sugar While US Sugar ESOP Litigation Continues
In a fascinating and completely unexpected twist to the U.S. Sugar ESOP class action lawsuit, the governor of Florida today announced that the State of Florida will buy U.S. Sugar for $1.75 billion. With the purchase, Florida will gain control … Continue reading
Posted in ESOP, Litigation
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Supreme Court Rules Against MetLife in Gordian Knot of a Decision
Often the entity that administers the plan, such as an employer or an insurance company, both determines whether an employee is eligible for benefits and pays benefits out of its own pocket. We here decide that this dual role creates … Continue reading
Posted in Cafeteria Plans, Litigation
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