In connection with a merger, acquisition, or other corporate (M&A) transaction, buyers often face the dilemma of how to handle the seller’s existing retirement plans covering the continuing employees. Terminating a seller’s...more
In a 5-4 decision in Thole v. U.S. Bank N.A., the US Supreme Court has ruled that defined benefit plan participants lack Article III standing to sue for fiduciary breaches that do not harm the individual participants. As the...more
6/8/2020
/ Article III ,
Breach of Duty ,
Defined Benefit Plans ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Injury-in-Fact ,
Investment Adviser ,
Mismanagement ,
Pensions ,
Plan Participants ,
Retirement Plan ,
SCOTUS ,
Standing ,
Thole v U.S. Bank
As the effects of the coronavirus (COVID-19) pandemic hit the United States, downsizings and shutdowns are spreading indiscriminately throughout the economy. ...more
The Internal Revenue Service (IRS) issued an important update late last month to the Employee Plans Compliance Resolution System (EPCRS) in Revenue Procedure 2019-19. The IRS provided a helpful summary of the changes. The...more
The Court finds that ERISA preempts the state law “All Payer” data requirement.
In a 6–2 decision issued on March 1, the US Supreme Court affirmed a US Court of Appeals for the Second Circuit decision holding that the...more
Now that same-sex couples have the freedom to marry in every state, employers must consider whether plan amendments and administrative changes are necessary.
On June 26, the US Supreme Court issued its landmark...more
The 2015 Cromnibus and the Tax Increase Prevention Act of 2014 solve some problems and raise others.
On December 16, 2014, U.S. President Barack Obama signed the Consolidated and Further Continuing Appropriations Act...more
1/9/2015
/ Affordable Care Act ,
Appropriations Bill ,
Employee Retirement Income Security Act (ERISA) ,
Expatriates ,
Health Insurance ,
Individual Retirement Account (IRA) ,
Multiemployer Plan ,
PBGC ,
Qualified Retirement Plans ,
Tax Credits ,
Tax Extenders
Guidance addresses nondiscrimination, qualified default investment alternative, and annuity safe harbor rules.
On October 24, the Internal Revenue Service (IRS) and the U.S. Department of Labor (DOL) each issued...more
First Circuit holds that an investment fund may be responsible for controlled group pension liabilities of portfolio companies.
On July 24, the U.S. Court of Appeals for the First Circuit issued a significant decision...more