Pensions

News & Analysis as of

Monthly Benefits Alert - April 2015

Central States Pension Fund Developing Rescue Plan - The Central States Pension Fund has announced that it will adopt a “rescue plan” under which certain participant benefits will be reduced. The Multiemployer Pension...more

DOL Issues Re-Proposed Regulations Defining Investment Advice Fiduciary and Proposes New PTEs

The U.S. Department of Labor (DOL) issued long awaited re-proposed regulations governing fiduciary status and investment advice titled “Definition of the Term ‘Fiduciary’; Conflict of Interest Rule—Investment Advice” for...more

A 401(k) Plan is a tool, it’s how you use it that counts

Before I had kids, I played golf. I took weekly golf lessons from a guy named Kenny. When it came to golf clubs, Kenny said that gold clubs were merely tools. It all depended on how you used them. My Callaway clubs that are...more

Pensions Ombudsman: law trumps regulatory guidance - Harrison v. Prudential Assurance Company Limited PO-3184 17 Apr 2015 (the...

"Classic" pensions liberation involves transferring pension savings from a legitimate pension scheme to a scheme which provides access to those savings in a manner that is not permitted under a legitimate pension scheme and...more

Update: Multiemployer Pension Plans Volume 3

In This Issue: - April 2015 Developments for Multiemployer Pension Plans - Q & A - More Polsinelli MPRA Intelligence - MPRA Counseling Services - Follow On Twitter - For More...more

2015 Ontario Budget Provisions Affecting Pensions and Other Retirement Savings Plans

On April 23, 2015, the Ontario government tabled its 2015 budget (Budget), which included a number of pensions and other retirement savings plans-related provisions. On that same day, the government introduced Bill 91,...more

2015 Federal Budget Provisions Affecting Pensions and Other Retirement Savings Plans

In its discussion of proposals to enhance investment in infrastructure, the federal government stated that it will undertake a public consultation on the usefulness of the rule in Schedule III to the federal Pension Benefits...more

Pensions News - March 2015

In This Issue: - Budget 2014 reforms - Budget 2015 - The Pensions Regulator - Legislation - DC Charges and Governance - Case Law - HMRC - Public Service Pension Schemes - Other News - On the...more

From Hiring to Firing: A Basic Guide To The Japanese Employment Law Life Cycle

Hiring: As a general rule, employers in Japan can freely determine the person they would like to hire as an employee, provided that discrimination on the basis of certain protected categories is not permitted. Employees...more

UK Pensions: End Of Contracting-Out Issues For Employers And Trustees - April 2015

The immediate impact, for employers currently sponsoring a contracted-out DB scheme, is an increase in payroll costs because the reduced rate of national insurance contributions (NICs) which applies to workers who are in...more

From Hiring To Firing: A Basic Guide To The Singapore Employment Law Life Cycle

In Singapore, we are restricted for regulatory reasons (as are most international/foreign registered law firms) from practising local law. This means that if a matter needs advice on any Singapore law issues we will arrange...more

Pensions Alert UK: April 2015 reforms: Final regulations made

The introduction of the DC flexibilities announced in last year’s Budget is now only a matter of days away, and in recent weeks various sets of regulations have been made in final form which will come into force on 6 April...more

Supreme Court Clarifies Scope of Liability Under Section 11 of the Securities Act of 1933

What you need to know: Public companies and practitioners alike have historically relied on the “bespeaks caution” doctrine, meaning that qualifying a statement as a belief was an effective disclaimer that the statement...more

Combating pension scams

For some time now, the issue of transfer requests and pension scams (often referred to as pension liberation) has been a difficult one for trustees of occupational pension schemes. On the one hand, members may have rights to...more

Amendments to Federal Pension Regulations Finalized

As noted in our previous September 2014 Blakes Bulletin: Alert: Proposed Changes to Federal Pension Fund Investment Regulations, the federal Department of Finance released proposed amendments (Proposed Amendments) to the...more

An RFP Process should not be a sham

Year ago, as a naïve associate at a semi-prestigious law firm, I got the short end of the stick to attend a quarterly Taft-Hartley meeting in Staten Island. If you ever have to drive from Long Island to Staten Island, you...more

Pension News

In This Issue: - Budget Reforms - DC Charges and Governance - Department for Work and Pensions - Legislation - Public Service Pension Schemes - Other News - On the Horizon - Excerpt from...more

Plan Administrator’s “Second Plan Interpretation” Violates Anti-Cutback Rule

The Third Circuit held that a plan administrator’s plan interpretation requiring an actuarial reduction of certain employees’ pension benefits conflicted with the plan’s terms. As such, its decision to reduce participants’...more

Recent Guidance on Charter School Participation in State Pension Plans

In Illinois, charter school teachers and certain administrators are eligible to participate in the Illinois Teachers’ Retirement System (TRS) and the Chicago Teachers’ Pension Fund (CTPF). Both of these pension systems are...more

Update: Multiemployer Pension Plans volume 2

In This Issue: - Recent Developments for Multiemployer Pension Plans - Q & A - More Polsinelli MPRA Intelligence - MPRA Counseling Services - Excerpt from Recent Developments for...more

The Financial Report - Volume 4, No. 6 • March 2015 (Global)

OSC Investor Advisory Panel annual report. The Ontario Securities Commission (OSC) Investor Advisory Panel submitted its 2013-14 annual report. The report summarizes the Panel’s current activities and priorities as well...more

Texas Supreme Court Opinions (3/15) - Part 2

No. 13-0338, University of Texas at Arlington v. Williams - This appeal addresses whether the recreational-use statute (Tex. Civ. Prac. & Rem. Code §§ 75.001-007) covers a spectator at a sporting event....more

2014 Pension Plan Regulatory Highlights

The start of the new year is as good a time as any to look back at some of the employee benefits regulatory developments of 2014 that were not previously covered in this column. Originally published in Employee Benefit...more

Be Global - A look ahead to key international employment law developments expected in 2015

In This Issue: - ASIA PACIFIC: - Australia: Gender Equality Reporting Update - China: Predicted Increase in Collective Bargaining - China: Compliance with 10% Cap on Dispatch Workers - Hong Kong:...more

Sixth Circuit Court of Appeals Upholds PBGC Determination Disallowing Post-Termination Plan Amendment

In PBGC v. Kentucky Bancshares, Inc. (6th Cir. 2015, No. 14-5573, unpublished), the U.S. Court of Appeals for the Sixth Circuit upheld a PBGC determination that Kentucky Bancshares violated applicable rules and regulations...more

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