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Survivor Benefits

Foster Swift Collins & Smith

Legal-Ease: Steps for When a Loved One Passes Away - Part Three

This is my third and final article addressing what needs to be done after a person passes away. Part 1 addressed what a person needs to do prior to the decedent’s funeral. Part 2 addressed those things that don’t typically...more

Fox Rothschild LLP

Your Girlfriend from the 1980s is Grateful for Your Million Dollars.

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It is no secret that a lot of people in America are living alone and while many have been in one or more serious relationships those never culminated in marriage. Meanwhile, these people accumulate assets but often don’t pay...more

Fox Rothschild LLP

The Intersection of Family Law, Estate Law and Federal Law

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On November 14, 2023, the Appellate Division decided an interesting case that implicated the intersection of family law, estate law and federal law. The reported (precedential) decision In the Matter of the Estate of Michael...more

Husch Blackwell LLP

Florida Supreme Court Grants Review of Common Law Marriage-Before-Injury Rule on Loss of Consortium Recovery

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Florida’s Fourth District Court of Appeal recently held that to recover for loss of consortium under the Florida Wrongful Death Act, a surviving spouse must be married to the decedent at the time of injury—not the time of...more

Jackson Lewis P.C.

District Court Rejects Reasonableness Requirement for “Actuarial Equivalence” Used to Calculate Alternative Annuities

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On March 4, 2022, the District Court for the District of Massachusetts dismissed, pursuant to Fed. R. Civ. P. 56, ERISA claims brought by a former employee who retired early at the age of 62 and receives retirement benefits...more

Quarles & Brady LLP

[Webinar] The Veterans Consortium Pro Bono Program Training - November 11th, 11:00 am - 2:00 pm CT

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What better way to mark Veterans Day than to learn how you can assist a veteran in need? Please join us for The Veterans Consortium (TVC) Pro Bono Program’s Volunteer Attorney Training on Thursday, November 11 from 11 a.m....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Yours, Mine and Ours: Estate Planning for a Blended Family

When William Shakespeare wrote “What’s mine is yours, and what is yours is mine,” he likely was not thinking about a blended family. Blending families offer a myriad of challenges, one of which is how the spouses’ assets will...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Concludes Domestic Partner Entitled To Benefits

The Ninth Circuit concluded that a plan fiduciary abused its discretion in denying survival benefits to a pension plan participant’s domestic partner. In so ruling, the Court explained that the plan’s choice of law provisions...more

Seyfarth Shaw LLP

Ninth Circuit Rules that a Domestic Partner Under California State Law Was a Spouse for an ERISA Plan

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In an unpublished decision dated May 16, 2019, the Ninth Circuit held that a plan administrator abused its discretion by denying surviving spouse benefits under an ERISA retirement benefit plan to a participant’s domestic...more

Chambliss, Bahner & Stophel, P.C.

Window Closing for Couples to Use 'Claim Now, Claim More Later' Social Security Strategy

Spouses who are turning full retirement age this year are the last group who can choose whether to take spousal benefits or to take benefits on their own record. The strategy, used by some couples to maximize their benefits,...more

Robinson+Cole ERISA Claim Defense Blog

Second Circuit Speaks On When Ministerial Acts Can Breach a Fiduciary Duty

The Second Circuit recently held that alleged misrepresentations by a “ministerial” plan representative about plan benefits will not support a claim for breach of fiduciary duty if the SPD clearly provides “complete and...more

Holland & Knight LLP

Seventh Circuit Holds That ERISA Does Not Pre-empt Illinois Slayer Statute

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• In Laborers' Pension Fund v. Miscevic, the U.S. Court of Appeals for the Seventh Circuit held that the Illinois slayer statute is one state statute that is not pre-empted by ERISA. A slayer statute is a law that prevents an...more

A&O Shearman

Pensions in Dispute

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The Court of Appeal has ruled on two long-running disputes about the ability of an employer to change pension benefits for future service (for example by closing a scheme to future accrual and/or capping pensionable pay). The...more

Hogan Lovells

Same-sex survivors' pensions - exemption for pre-2005 service invalid

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The Supreme Court in Walker v Innospec Limited, overturning the Court of Appeal, has decided that the exemption for service prior to December 2005 from the requirement for occupational pension schemes to give survivors'...more

Farrell Fritz, P.C.

Pro Bono Appeal: Navigating Inconsistencies in Posthumous DNA Testing Statutes

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Family Court Act § 519 and Estates Powers and Trusts Law (“EPTL”) § 4-1.2 both address a child’s right to prove paternity after the putative father’s death. However, DNA testing may be considered under Family Court Act § 519...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19480 - McCullough v. Swan Engraving, Inc. - This case determined that when a husband had already filed a claim for disability benefit in a timely fashion under the Worker’s...more

Burr & Forman

Burr Alert: Our Military and Special Needs Trusts for Dependents

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Prior to 2015, members of and retirees from the military could not designate any portion of their military Survivor Benefit Plan ("SBP") to a special needs trust ("SNT"), even when a child of that service member needed the...more

Chambliss, Bahner & Stophel, P.C.

New Federal Budget Ends Two Spousal Social Security Claiming Strategies

The federal budget agreement that President Obama signed into law November 2, 2015, spells the end to two Social Security strategies that some spouses have used to maximize benefits. The strategies were worth tens of...more

Morrison & Foerster LLP - Structured Products

Structured Thoughts: News for the financial services community, Volume 6, Issue 6

U.S. Structured Warrant Programs: Introduction - U.S. and non-U.S. banks have offered structured warrants in the U.S. to address the needs of both institutional and high-net worth investors. This article will...more

Locke Lord LLP

Employee Benefits After Obergefell

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In a historic decision, the United States Supreme Court in Obergefell v. Hodges recently held that the Fourteenth Amendment of the United States Constitution requires all jurisdictions in all fifty states to: (1) license a...more

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