Employee Retirement Income Security Act

Employee Retirement Income Security Act is a United States federal law enacted in 1974 to set minimum standards for pension and health plans in the private sector and to protect participants in those plans. ERISA requires plans to provide information to participants, establishes a grievance process, and allows participants to sue for benefits or breach of fiduciary duties.

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News & Analysis as of May 19, 2013

Common Employment Law Mistakes for Small, Start-Up and Growing Companies

Government Plans are Exempt from ERISA… But What is the Definition of “Government”?

by D. Michael Reilly | Lane Powell PC - ERISA Law on 5/16/2013

You already know that an employee benefit plan qualified as a “government plan” is exempt from ERISA’s framework....more

Converted Individual Disability Policies Governed by ERISA?

by D. Michael Reilly | Lane Powell PC - ERISA Law on 5/15/2013

You already know that an individual disability policy may nevertheless be governed by ERISA, even when the employee pays her own premium. This can occur when the employees benefit from a rate structure or premium discount...more

Why Retirement Plan Sponsors are Always on the Hook for Liability

by Ary Rosenbaum on 5/14/2013

Whoever said the road to hell is paved with good intentions might have been a retirement plan sponsor. While setting up a retirement plan is a good intention, a plan sponsor’s lack of diligence in reviewing what is going on...more

Federal court imposes personal liability for multiemployer pension plan liabilities

by Paul Kasicky | Saul Ewing LLP on 5/14/2013

A recent case highlights the risk of personal liability for multiemployer and other defined benefit pension plan liabilities. Owners of closely held corporations that contribute to multiemployer or single employer defined...more

Department of Labor Requests Clarification on Form 5500

by Nicole Hanna, Ben Wells | Dinsmore & Shohl LLP on 5/13/2013

Have you received an email from the Department of Labor recently? If not, you may. The Department has recently begun a program to identify whether employee “welfare benefit plans” (typically, group health plans) have filed a...more

The ERISA Litigation Newsletter - May 2013

by Justin Alex, Anthony Cacace, Doughlas Dahl, Lisa Berkowitz Herrnson, Jacklina Len, James R. Napoli, Brian S. Neulander, Myron Rumeld, Neal Schelberg | Proskauer Rose LLP on 5/13/2013

This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

Changes Afoot for ERISA “Reportable Event” Rules

by Mark Hamilton, Kellie Thomas | White & Case LLP on 5/10/2013

As many as 90% of pension plans and pension plan sponsors may soon have fewer “reportable events” to track and report to the Pension Benefit Guaranty Corporation (the “PBGC”), if certain proposed changes to the PBGC...more

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

by Anthony Cacace, Neal Schelberg | Proskauer - ERISA Practice Center on 5/9/2013

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a...more

Legal Alert: DOL Issues Advance Notice of Proposed Rulemaking on Lifetime Income Estimates in Plan Participant Statements

by Adam Cohen, Mikka Gee Conway, Carol McClarnon, Alice Murtos, Joanna Myers, Vanessa Scott, W. Mark Smith, Rich Sun, William Walderman, Carol Weiser | Sutherland Asbill & Brennan LLP on 5/9/2013

On May 7, 2013, the Department of Labor released an advance notice of proposed rulemaking (ANPRM) that seeks commentary on requiring a projection of estimated lifetime income to be included in participant statements from...more

Preparing Participant-Directed Retirement Plans for the 2013 Annual Fee Disclosures

by Bradley A. Benedict, Matthew Ryan, Susan P. Serota | Pillsbury Winthrop Shaw Pittman LLP on 5/9/2013

The Employee Retirement Income Security Act of 1974 (“ERISA”) requires participant-directed retirement plans to provide participants with in-depth disclosures of the plan’s fees, expenses, and investment performance on an...more

Second Circuit Further Curtails Duty of Prudence Claims in Saint Vincent Catholic Medical Centers v. Morgan Stanley

by Jennifer Clark, Angelo Savino | Cozen O'Connor on 5/8/2013

In a line of recent cases, the 2nd Circuit has limited ERISA plaintiffs’ claims for breach of the duty of prudence by holding that investments of benefit plan funds in employer securities pursuant to plans calling for such...more

Court Upholds Validity of ERISA Fiduciary Indemnification

by David Ackerman, John Kober | Morgan Lewis on 5/7/2013

Ruling rejects DOL challenge of an agreement by a 100% ESOP-owned company to advance defense costs and indemnify a trustee....more

“Stuff” Every 401(k) Plan Sponsor Must Keep

by Ary Rosenbaum on 5/7/2013

George Carlin said that all you need in life is a place for your stuff. Carlin said that all a house really is; is a place for your stuff. When it comes to being a retirement plan sponsor, retirement plan sponsors need a...more

PBGC Releases 4062(e) Enforcement Guidelines

by Justin Alex | Proskauer - ERISA Practice Center on 5/3/2013

ERISA section 4062(e) addresses situations in which an employer ceases operations at a facility in any location and, as a result, separates more than 20% of its employees who participate in the employer’s defined benefit...more

Common Employment Law Mistakes for Small, Start-Up and Growing Companies [Video]

by Lawline.com on 5/2/2013

Employment law compliance is among the many challenges businesses face as they start up and grow. In this course, Mr. Martinez reviews the most common mistakes made by start-up, small and emerging companies explaining the...more

PBGC Issues Proposed Rule on Reportable Events

by Lori Atkin, Jenny C. Baker, Kelly Bley, Kerry Halpern, John LeBlond, John D. Martini, Cory A. Thomas | Reed Smith on 5/1/2013

On April 3, 2013, the Pension Benefit Guaranty Corporation ("PBGC") issued a proposed rule amending its existing reportable events rule that it expects will exempt more than 90 percent of pension plans and sponsors from many...more

Monthly Benefits Update - April 2013

by Andrew Malahowski | Franczek Radelet P.C. on 5/1/2013

Health Care Reform: Guidance on Required Future Modifications to SBC, Other Issues - The Internal Revenue Service (IRS), Department of Labor (DOL), and Department of Health and Human Services (HHS) issued new guidance...more

Employers Should Review How Plan Documents Define Spouse in Light of Recent Benefits Litigation

by Lisa Loesel, Jacob Mattinson, Todd Solomon, Brian Tiemann | McDermott Will & Emery on 4/30/2013

Two recent cases challenging benefit eligibility for same-sex spouses highlight the need for employer-sponsored retirement and welfare plans to clearly define "spouse" for eligibility purposes. Employers may want to review...more

New Disclosure Requirements for Massachusetts Pension Investments

by Ropes & Gray LLP on 4/29/2013

The Commonwealth of Massachusetts has started implementing pension reform legislation enacted in 2011 that imposes demanding contracting and disclosure requirements on state and local pension fund boards. The new pension fund...more

PBGC Withdraws Two Territorial Coverage Opinion Letters Impacting Puerto Rican Plans

by Justin Alex | Proskauer - ERISA Practice Center on 4/26/2013

The status of PBGC coverage for Puerto Rico defined benefit plans is one that has been the subject of review and analysis by the PBGC for quite some time. Most recently, on April 19, 2013, the PBGC withdrew two older opinion...more

What Every Private Equity Fund Manager Should Know About ERISA

by The R. Bernard Law Group on 4/26/2013

What is ERISA? The Employee Retirement Income Security Act of 1974 (“ERISA”) protects the interests of employee benefit plan participants by establishing strict standards of conduct for “plan fiduciaries” – i.e.,...more

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

by Kimberly Ruppel | Dickinson Wright on 4/23/2013

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

Supreme Court Rules on Equitable Defenses to Reimbursement Claim by Employee Health Plan

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 4/22/2013

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

High Court Rules Equitable Defenses Don’t Override ERISA Plan Terms

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2013

On April 16, 2013, the U.S. Supreme Court issued its decision in US Airways, Inc. v. McCutchen (No. 11–1285), deciding the issue of whether equitable defenses, such as the principle of unjust enrichment, can override the...more

U.S. Supreme Court: Equity Cannot Trump ERISA Plan Terms in ERISA Reimbursement Case

by D. Michael Reilly | Lane Powell PC - ERISA Law on 4/18/2013

The U.S. Supreme Court yesterday strengthened the ability of employer health insurance plans to recoup payments for medical expenses paid for an injured plan participant who later sues to recover damages from a third...more

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Employee Retirement Income Security Act

Government Plans are Exempt from ERISA… But What is the Definition of “Government”?

Converted Individual Disability Policies Governed by ERISA?

Why Retirement Plan Sponsors are Always on the Hook for Liability

Federal court imposes personal liability for multiemployer pension plan liabilities

Department of Labor Requests Clarification on Form 5500

The ERISA Litigation Newsletter - May 2013

Changes Afoot for ERISA “Reportable Event” Rules

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

Legal Alert: DOL Issues Advance Notice of Proposed Rulemaking on Lifetime Income Estimates in Plan Participant Statements

Preparing Participant-Directed Retirement Plans for the 2013 Annual Fee Disclosures

Second Circuit Further Curtails Duty of Prudence Claims in Saint Vincent Catholic Medical Centers v. Morgan Stanley

Court Upholds Validity of ERISA Fiduciary Indemnification

“Stuff” Every 401(k) Plan Sponsor Must Keep

PBGC Releases 4062(e) Enforcement Guidelines

Common Employment Law Mistakes for Small, Start-Up and Growing Companies [Video]

PBGC Issues Proposed Rule on Reportable Events

Monthly Benefits Update - April 2013

Employers Should Review How Plan Documents Define Spouse in Light of Recent Benefits Litigation

New Disclosure Requirements for Massachusetts Pension Investments

PBGC Withdraws Two Territorial Coverage Opinion Letters Impacting Puerto Rican Plans

What Every Private Equity Fund Manager Should Know About ERISA

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

Supreme Court Rules on Equitable Defenses to Reimbursement Claim by Employee Health Plan

High Court Rules Equitable Defenses Don’t Override ERISA Plan Terms

U.S. Supreme Court: Equity Cannot Trump ERISA Plan Terms in ERISA Reimbursement Case

Common Employment Law Mistakes for Small, Start-Up and Growing Companies [Video]

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