News & Analysis as of

Retirement Plan Employee Benefits Pension Funds

Bennett Jones LLP

Ontario Introduces Amendments to Support a Permanent Framework for Target Benefit Pension Plans

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On March 26, 2024, the Ontario government published their 2024 Budget, in which it was announced that draft regulations to Ontario’s Pension Benefits Act (PBA) would be introduced for review in the summer of 2024, with the...more

Littler

Illinois Federal Court Holds that a Pension Rehabilitation Plan Fund Used an Improper High-Contribution Rate in Withdrawal...

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On March 29, 2024, the U.S. District Court for the Northern District of Illinois issued its decision in Central States, Southeast and Southwest Areas Pension Fund v. Event Media, Inc. In a matter of first impression for...more

Littler

D.C. Circuit Breaks from Second Circuit, Finds Pension Fund May Retroactively Change Its Interest Rate Assumptions

Littler on

On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Trustees of IAM Nat'l Pension Fund v. M & K Emp. Sols., LLC, No. 22-7157 (D.C. Cir. Feb. 9, 2024), affirming the district court’s...more

Blake, Cassels & Graydon LLP

Canadian Pension Law: 2023 Year in Review

Canadian pension law went through numerous changes in 2023. Below is an overview of certain significant developments from the previous year as we look ahead to what may be coming next....more

Bennett Jones LLP

Supplemental Pension Plans Secured with a Letter of Credit may Soon Receive Much Anticipated Refundable Tax Relief

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On November 30, 2023, the federal government introduced Bill C-59, Fall Economic Statement Implementation Act, 2023 (Bill C-59), which included proposed amendments to the Income Tax Act (Canada) (ITA) to implement changes...more

Bennett Jones LLP

Correcting Contribution Errors in Respect of Defined Contribution Pension Plans—New Rules Now in Force

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On June 22, 2023, Bill C-47 received royal assent, implementing a variety of amendments to the Income Tax Act (Canada) (ITA) and its regulations (ITA Regulations) tabled as part of the 2023 Federal Budget. As we previously...more

Bennett Jones LLP

New Pension Priorities in Bankruptcy and Insolvency Are Now Reality

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This is an update of our original blog dated April 24, 2023. Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985 received Royal...more

Groom Law Group, Chartered

Recent IRS Guidance Focuses on Rules for Qualified Foreign Pension Funds

At the end of 2022, the Department of the Treasury and the Internal Revenue Service (together, the “IRS”) issued two sets of guidance – a final rule and a proposed rule – addressing the application of certain provisions of...more

Bennett Jones LLP

CAPSA Consultation on ESG, Leverage, Cyber and Risk Management Guidelines for Pension Plans

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On June 9, 2022, the Canadian Association of Pension Supervisory Authorities (CAPSA) published consultation drafts of pension plan guidelines covering environmental, social and governance (ESG) considerations, as well as...more

Hogan Lovells

Invalidität in der betrieblichen Altersversorgung

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Betriebliche Altersversorgung ist auch eine Absicherung gegen Invalidität. In zwei Urteilen vom 13. Juli 2021 hat das BAG den Versorgungsfall "Invalidität" konkretisiert. In diesem Sinn kann eine dauernde Erwerbsunfähigkeit...more

Bodman

Sixth Circuit Addresses Actuarial Assumptions Regarding Withdrawal Liability

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In Sofco Erectors, Inc. v. Trustees of the Ohio Operating Engineers Pension Fund (“Sofco”) (September, 28, 2021), the Sixth Circuit Court of Appeals issued a long awaited decision regarding the appropriateness of interest...more

Latham & Watkins LLP

US Department of Labor Puts ESG Investing on Ice

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In its finalized rule amending ERISA, the DOL makes financial factors paramount in a fiduciary’s responsibility to investors. On October 30, 2020, the US Department of Labor (DOL) published Financial Factors in Selecting...more

Jackson Walker

Payroll Tax Relief and Latest Developments in Retirement Plans and Benefits

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Payroll Tax Relief Under CARES Act, FFCRA, and Executive Order - While the Coronavirus Aid, Relief, and Economic Security (CARES) Act permitted employers to defer depositing the portion of the FICA taxes the employer pays...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Reporting to Russian Pension Fund Goes Online

Historically, employers have been required to log employees’ work experience and years of service in a distinct human resources (HR) document called a “labor book.” New legislation requires employers to now start logging this...more

Blake, Cassels & Graydon LLP

Mise à jour n° 2 : Le point sur les régimes de retraite et avantages sociaux pendant la pandémie de COVID-19

Faisant suite à notre Bulletin Blakes du 1er mai 2020 intitulé Mise à jour : Le point sur les régimes de retraite et avantages sociaux pendant la pandémie de COVID-19, nous vous présentons ci-après les points saillants des...more

Blake, Cassels & Graydon LLP

Blakes Continuity Podcast: COVID-19: The Regulatory Impact on Pensions

Pension regulators across Canada are adjusting their policies in light of the COVID-19 pandemic. Blakes pension lawyers Lindsay McLeod, Adam Ngan and Sean Maxwell demystify the implications of the steps that federal and...more

Blake, Cassels & Graydon LLP

Update: Considerations for Pensions and Benefits During COVID-19

Further to our March 2020 Blakes Bulletin: Considerations for Pensions and Benefits During COVID-19, the following are highlights of subsequent legislative and regulatory updates relevant to COVID-19. This bulletin...more

Littler

Littler Lightbulb: Highlighting Recent Developments in the Asia Pacific Region

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Australia - Wage Theft Investigations. The Australia Fair Work Ombudsman’s (FWO) 2018-2019 Annual Report, published by the government agency on October 20, 2019, found significant wage theft in the country over the past...more

Hogan Lovells

Pension transfers and scams: what should trustees do?

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Pension scammers are becoming ever more sophisticated in their methods of parting scheme members from their pension funds, learning how to stay (just) on the right side of the law and to avoid breaching requirements of...more

Verrill

Controlled Group Rules for Tax Exempt Organizations: A Brief Review

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Corporate entities under common control are generally treated as a single employer for purposes of applying the core rules that govern employee benefit plans and executive compensation arrangements. For that reason, a...more

BCLP

Seventh Circuit Holds that ERISA does not Preempt State “Slayer Statute”

BCLP on

We turn once again to the sad and difficult task that plan administrators face when distributing the benefits of a participant who has been murdered by his or her designated beneficiary. Sad for obvious reasons. Difficult...more

Seyfarth Shaw LLP

Seventh Circuit Says: Clear Error Standard Applies To Court Review Of Withdrawal Liability Arbitrator’s CBA Interpretation

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Seyfarth Synopsis: The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator’s interpretation of a collective bargaining agreement, thus enhancing the role of the arbitrator in...more

Franczek P.C.

IRS to Prohibit Lump-Sum Cashout Windows for Pension Plan Retirees

Franczek P.C. on

As described in a prior alert, the IRS issued Notice 2015-49, which abruptly announces the IRS’s intention to prohibit lump-sum cashout windows for pension plan retirees already in pay status. The IRS intends to prohibit...more

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