Executive Summary: Reimbursement claim brought under ERISA sec. 502(a)(3) was akin to “equitable lien by agreement,” and therefore could not be defeated by equitable defenses that contradicted plan terms. ...more
- Equitable Lien ERISA Make-Whole Premium Reimbursements SCOTUS
Executive Summary: ERISA “top hat” plan’s anti-alienation provision does not trump state garnishment laws.
A familiar feature of ERISA is its protection of a participant’s retirement savings from creditors; ERISA...more
- Anti-Alienation Provisions Creditors Deferred Compensation ERISA Garnishment Preemption Retirement
The scenario is not difficult to imagine: An employee designates her spouse as the primary beneficiary under her employer’s life insurance and retirement benefit plans. Years later, the couple divorces, and in the marital...more
- Beneficiary Designations Divorce Employee Benefits ERISA Estate Planning Preemption
Executive Summary: The Fourth Circuit expands the scope of admissible evidence in an ERISA employee benefits case.
The very first principle applied in a lawsuit for benefits from an ERISA-governed employee benefit plan...more
- Abuse of Discretion Employee Benefits ERISA Extrinsic Evidence Helton v AT&T Pension Benefit Plan Plan Administrators
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