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Searching Content indexed under Retirement, Superannuation & Pensions by Holland & Knight ordered by Published Date Descending.
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1
Ninth Circuit Decisions Overrule 35-Year Precedent In ERISA Arbitration Disputes
In a pair of opinions issued on Aug. 20, 2019, the U.S. Court of Appeals for the Ninth Circuit expressly overruled its 35-year precedent that Employee Retirement Income Security Act disputes were not arbitrable.
United States
29 Aug 2019
2
Limited Ability To Submit Your Individually Designed Plan For A Determination Letter
Effective Sept. 1, 2019, the sponsors of certain retirement plans may submit their plans to the Internal Revenue Service (IRS) for review of a determination letter application.
United States
5 Jun 2019
3
Florida Lawmakers Ponder Changes For Continuing Care Retirement Communities
Legislation revising the Florida's Continuing Care Retirement Community (CCRC) statutes are now pending in final committee stops in the Florida House of Representatives and Senate.
United States
1 May 2019
4
Tenth Circuit Upholds Great-West Stable Value Win In ERISA Case
Finds That Great-West Not a Fiduciary or Liable as a Non-Fiduciary Party-In-Interest, Defeating Claims of Large Class Action
United States
10 Apr 2019
5
Courts Continue To Rule On Retirement Plan Mandatory Arbitration Provisions
Some retirement plans, including employee stock ownership plans (ESOPs), have in the past few years included terms and provisions that require participant breach
United States
29 Mar 2019
6
Eighth Circuit Upholds ESOP Administrator's Decision On Death Benefit Claim
The U.S. Court of Appeals for the Eighth Circuit has affirmed a U.S. District Court's application of deferential standard to the review of an employee stock ownership plan (ESOP) ...
United States
6 Sep 2018
7
District Court: ESOP Arbitration Provision Doesn't Apply To "Cashed-Out" Participant
The U.S. District Court for the Southern District of Ohio has ruled that the arbitration provision of an employee stock ownership plan (ESOP) does not apply to the plaintiff's class representative
United States
20 Aug 2018
8
Ninth Circuit: Individual Employment Provision Cannot Compel Arbitration Of 409(A) Claim
Holland & Knight recently published an alert regarding how the U.S. Supreme Court's decision in Epic Systems Corp. v. Lewis may affect employee stock ownership plans (ESOPs).
United States
9 Aug 2018
9
Seventh Circuit Holds That ERISA Does Not Pre-empt Illinois Slayer Statute
The Employee Retirement Income Security Act of 1974, as amended (ERISA), pre-empts most state laws.
United States
10 Apr 2018
10
New ERISA Claims Procedures For Plans Providing Disability Benefits Effective April 1, 2018
Administrators of employee benefit plans governed by ERISA should make sure now that the claims procedures contained in their affected benefit plans comply with new regulations applicable to disability benefits.
United States
15 Mar 2018
11
Summary Plan Descriptions Required For All ERISA Retirement, Health And Welfare Plans
Administrators of all employee benefit plans subject to the Employee Retirement Income Security Act of 1974 (ERISA) should ensure their plans' compliance with ERISA's Summary Plan Description (SPD) requirement.
United States
9 Mar 2018
12
Tax Reform's Impact On 401(k) Plan Loan Offset Treatment
Everyone is trying to comprehend just how the recent Tax Cuts and Jobs Act of 2017 (the Act), enacted on Dec. 22, 2017, will impact them.
United States
23 Feb 2018
13
Federal Circuit Denies Claim Under SCA Price Adjustment Clause For Pension Withdrawal Liability
Last month, the U.S. CAFC affirmed a decision of the U.S. Court of Federal Claims upholding and NASA's denial of a claim in the amount of about $2 million for reimbursement pension withdrawal liability costs.
United States
15 May 2017
14
Implications Of Trump's Memorandum On Status Of Fiduciary Rule
President Donald Trump issued a memorandum on Feb. 3, 2017, directing the U.S. Department of Labor (DOL) to reconsider the regulations that change the definitions of fiduciary and fiduciary advice.
United States
22 Feb 2017
15
Post-Inauguration Outlook: ACA, Fiduciary Rule And Retirement-Related Tax Provisions
President Donald Trump took the oath of office on Jan. 20, 2017, officially ushering in Republican control of the executive and legislative branches of government.
United States
31 Jan 2017
16
Department Of Labor Increases Penalties For Certain ERISA Violations
The U.S. Department of Labor (DOL) published on July 1, 2016, an interim final rule adjusting the civil monetary penalties that it can enforce.
United States
15 Jul 2016
17
Pension Plan Withdrawal Liability Imposed On Investor Private Equity Funds
The decisions in the Sun Capital cases create considerable uncertainty for private equity funds regarding their portfolio companies' withdrawal liability.
United States
14 Apr 2016
18
New Oregon Laws: Criminal Background Checks And State Retirement Savings Plan
Two new Oregon laws establish policies regarding employer criminal background checks and questions for applicants and a state-run retirement savings plan.
United States
8 Jul 2015
19
Supreme Court: ERISA Fiduciaries Have Ongoing Duty To Monitor Investments
The Supreme Court ruled that the statute of limitations does not bar the breach of fiduciary duty claim in light of the ongoing duty to monitor trust investments.
United States
27 May 2015
20
Florida Appellate Court: Open Meetings Law Applies To Collective Bargaining
In a crucial victory for transparency, a Florida state appeals court ruled that the state's open meetings law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of the Sunshine Law".
United States
5 Feb 2015
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