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Searching Content indexed under Retirement, Superannuation & Pensions by Justin Alex ordered by Published Date Descending.
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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
2
Let's Talk – PBGC Pilot Mediation Project Is Now Permanent
The Pension Benefit Guaranty Corporation (the "PBGC") launched a Pilot Mediation Project in October 2017 to provide plan sponsors an opportunity to negotiate resolutions in Early Warning Program cases
United States
15 Feb 2019
3
Tax Reform Contemplates Changes To Employee Benefits
The House Committee on Ways and Means publicly released a working draft of the Tax Cuts and Jobs Act for the first time on Thursday.
United States
6 Nov 2017
4
Sun Capital Redux: Private Equity Fund Seeks Declaratory Judgment On Controlled Group Liability For Portfolio Company's Pension Liabilities
In light of the recent decisions by the U.S. Court of Appeals for the First Circuit and the U.S. District Court for the District of Massachusetts in Sun Capital, private investment funds...
United States
26 Oct 2017
5
New PBGC-Plan Sponsor Pilot Mediation Project For Early Warning Program And Termination Liability Cases
The PBGC launched a new Pilot Mediation Project to facilitate negotiations with (i) plan sponsors involved in corporate transactions under the purview of the PBGC's Early Warning Program and ...
United States
19 Oct 2017
6
Sun Capital Court Finds Co-Investing Funds Part Of Controlled Group And Liable For Portfolio Company's Pension Liabilities
District Court finds affiliated funds acted in de facto partnership which controlled portfolio company; Decision may be significant in making private equity acquisition structuring choices.
United States
6 Apr 2016
7
2015 PBGC Premium Filings Must Include Risk Transfer Disclosures
The Pension Benefit Guaranty Corporation (the "PBGC") recently finalized its premium filing requirements for 2015.
United States
25 Mar 2015
8
PBGC Issues Final Regulations Regarding Rollovers From Defined Contribution Plans To Pension Plans
The PBGC has recently initiated efforts to enhance retirement security for Americans by promoting lifetime income options (i.e., annuitized benefits).
United States
2 Dec 2014
9
Righting a Wrong: The "Claim Of Right" Doctrine And Other Tax Considerations For The Repayment Of Pension Plan Overpayments
Pension plan overpayments to participants and their beneficiaries are an all-too-common occurrence. When overpayments occur, a plan administrator’s duties are fairly clear.
United States
14 Aug 2014
10
Sixth Circuit Rejects Claim For Reinstatement Of Erroneous Benefit Payments To Ineligible Retiree
In Adams v. General Motors Company (Case No. 12-2084), the Sixth Circuit rejected an ineligible retiree’s claim for reinstatement of erroneous benefit payments under her former employer’s pension plan.
United States
26 Nov 2013
11
The PBGC Not Entitled To Administrative Deference For Involuntary Plan Termination
As we previously noted (http://www.erisapracticecenter.com/2013/04/28/pbgc-seeks-involuntary-plan-termination-before-plan-sponsors-proposed-share-sale/), the PBGC filed a complaint (E.D. Pa. Case No. 13-02069) to involuntarily terminate a defined benefit plan prior to a corporate transaction that would change the plan sponsor’s controlled group.
United States
27 Oct 2013
12
Private Investment Funds May Be Liable For Portfolio Company’s Underfunded Pension Liabilities Under First Circuit Ruling
On July 24, 2013, the U.S. Court of Appeals for the First Circuit ruled in Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund (No. 12-2312, 2013 WL 3814984) that a private equity investment fund was engaged in a "trade or business" under ERISA, and, therefore, could be part of a "controlled group" with one of its portfolio companies and potentially liable for its underfunded pension liabilities.
United States
31 Jul 2013
13
PBGC Seeks Involuntary Plan Termination Before Plan Sponsor’s Proposed Share Sale
On April 18, 2013, PBGC filed a complaint (PBGC v. Saint-Gobain Corp. Benefits Comm., E.D. Pa. Case No. 13-02069) to involuntarily terminate a defined benefit plan sponsored by Saint-Gobain Containers, Inc. before Ardagh Group, S.A. acquires Saint-Gobain through a share purchase.
United States
3 May 2013
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