News & Analysis as of

Retirement Plan Collective Bargaining

Conn Maciel Carey LLP

Game Changer for Pension Withdrawal Liability: Seventh Circuit Orders Return of Withdrawal Liability Payments

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Last Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit reversed a district court’s decision upholding an arbitration award requiring an employer to pay more than $2.3 million in...more

Faegre Drinker Biddle & Reath LLP

Multiemployer Pension Plan Alert: Evergreen Clauses May Trump the Bargaining Parties’ Subsequent Agreement

The U.S. Court of Appeals for the Seventh Circuit recently ruled that Central States, Southeast and Southwest Areas Pension Fund may continue its lawsuit against Transervice Logistics, Inc. and Zenith Logistics, Inc. seeking...more

Gerald Nowotny - Law Office of Gerald R....

When Dr. Strangelove Met Jimmy Hoffa

Collective Bargaining Exemption to create a win-win situation for business owners and employees. ...more

Snell & Wilmer

IRS Publishes 2019 Required Amendments List

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In our 2019 End of Year Plan Sponsor “To Do” List (Part 3) Qualified Plans, we suggested that sponsors of all qualified retirement plans should be on the lookout for the Internal Revenue Service’s (“IRS”) 2019 Required...more

Proskauer Rose LLP

ERISA Newsletter - First Quarter 2017

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After a brief hiatus, Proskauer's ERISA Newsletter is back with a brand new look. We hope you like it and find it is easier to navigate. In addition to implementing our new format, we have moved to a quarterly publication...more

Proskauer - Employee Benefits & Executive...

Fourth Circuit Rejects Retirees’ Claim for Vested Health Benefits

The Fourth Circuit upheld an employer’s unilateral decision to amend a collective bargaining agreement to cap employer contributions to retiree health benefits and freeze Medicare reimbursements for hourly retirees...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - January 2017

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Editor’s Overview - In 2016, we saw a considerable uptick in the number and variety of excessive fee lawsuits commenced against plan fiduciaries of defined contribution plans. We begin the year by taking a look at these...more

BakerHostetler

[Event] Master Class: Labor and Employment Law Under the Trump Administration - Jan. 25th, Washington, D.C.

BakerHostetler on

Please join us for BakerHostetler's “Labor and Employment Law Under the Trump Administration.” This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline issues that will be...more

Seyfarth Shaw LLP

Surprise!: Decertification Does Not End Employer Contribution Obligations to the Multiemployer Funds

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Seyfarth Synopsis: Seventh Circuit finds employer still obligated to contribute to benefit funds for the life of the CBA even though the employees decertified the union. Employers often assume that when their...more

Littler

California Legislative Update: It's Now Up To The Governor

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The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

Franczek P.C.

Illinois Supreme Court Issue Long-Awaited Decision on Vesting of Retiree Health Care Benefits in Matthews v. Chicago Transit...

Franczek P.C. on

On May 5th, nearly a full year after it heard oral arguments in the case, the Illinois Supreme Court issued its decision in Matthews v. Chicago Transit Authority, et al., addressing the interplay between a public sector...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

How to Deal with Employees

I always say that the main reason that I don’t want to have employees is because I was an employee once too. The union lawyers I worked with just didn’t understand the whole dynamic of the employer-employee relationship. They...more

Littler

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

Littler on

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

King & Spalding

Supreme Court Tightens Standards for Vesting of Retiree Medical Benefits

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In January of this year, the U.S. Supreme Court, in M&G Polymers USA LLC v. Tackett, ruled against a group of retirees by vacating a Sixth Circuit decision holding that a collective bargaining agreement created a vested right...more

Littler

Supreme Court Rules that Plan Fiduciaries Owe a Fiduciary Duty to Periodically Review Plan Investments

Littler on

In a unanimous decision, the U.S. Supreme Court in Tibble v. Edison International held that plan fiduciaries owe an ongoing duty to review plan investments periodically to ensure compliance with their obligations under the...more

Franczek P.C.

U.S. Supreme Court Invalidates Yard-Man Presumption for Collectively-Bargained Retiree Health Benefits

Franczek P.C. on

The U.S. Supreme Court ruled in M&G Polymers USA, LLC v. Tackett, 574 U.S. ____ (2015) that ordinary principles of contract law should govern the interpretation of provisions for retiree healthcare benefits under collective...more

Franczek P.C.

Supreme Court Grants Certiorari on a Long-Standing Circuit Split Over Collectively Bargained Retiree Health Care Benefits

Franczek P.C. on

Earlier this month, the Supreme Court agreed to review the Sixth Circuit’s decision in Tackett v. M&G Polymers USA, LLC, 733 F.3d 589 (6th Cir. 2013). The Court will resolve an existing circuit split as to how courts...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - May 2014

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Editor's Overview - This month our authors explore two important areas of ERISA's fiduciary duties applicable to single employer and multiemployer plans. First, Neal Schelberg and Aaron Feuer comment on a growing trend...more

McDermott Will & Emery

Supreme Court Grants Certiorari to Review Sixth Circuit’s Pro-Union Inference in Retiree Health Insurance Benefits Cases

The Supreme Court of the United States has agreed to resolve a circuit split about how courts should interpret collective bargaining agreements that provide for health insurance benefits for retired employees in M&G Polymers...more

Bond Schoeneck & King PLLC

Court of Appeals Issues Decision Regarding Vesting of School District Retiree Health Insurance Benefits

On December 12, 2013, the New York Court of Appeals issued a decision in Kolbe v. Tibbetts, in which the Court addressed whether the Newfane Central School District could unilaterally alter the health insurance benefits of...more

Gerald Nowotny - Law Office of Gerald R....

State of the Union Part 3 -- Mr. Smith goes to Washington (and not Detroit or Wall Street!)

Overview - The 1939 movie Mr. Smith Goes to Washington tells the story of a proverbial "do gooder" (played by James Stewart) who goes to Washington as the junior senator from his state, hoping to make important changes...more

Gerald Nowotny - Law Office of Gerald R....

Union Friendly - Using Collectively Bargained Benefit Plans to Maximize Employee Benefit Plan Contributions for Closely Held...

Overview - Part I and Part II have focused on the tax planning possibilities of small business owners and owners of professional corporations utilizing an exemption for collectively bargained plans. This exemption allows...more

Bennett Jones LLP

Doing Business in Canada: Pensions and Benefits

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Pension and benefit plans in Canada are delivered through a mix of public and private channels. Provincial governments provide basic universal health care to residents, while most employers supplement that coverage with...more

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