Thanks to two cases about federally mandated observers on fishing boats, judicial deference to agencies is likely to soon get weaker – and more unpredictable – with wide-ranging impacts for employee benefits. Less deference...more
2/22/2024
/ Benefit Plan Sponsors ,
Chevron Deference ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Environmental Social & Governance (ESG) ,
IRS ,
Loper Bright Enterprises v Raimondo ,
Private Letter Rulings ,
Proposed Rules ,
SCOTUS
A federal district court denied class certification to health plan participants who claimed the plan promised them lifetime benefits. The court found too many individualized questions about what the plan told each...more
An employer learned the full cost of ambiguity when a Connecticut federal district court agreed with an employee’s widow that the word “maximum” was ambiguous in the company’s life insurance plan, thus making the widow...more
9/12/2019
/ Ambiguous ,
Beneficiaries ,
Benefit Plan Sponsors ,
Contract Interpretation ,
Corporate Counsel ,
Death Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Interests ,
Insurance Industry ,
Insurance Litigation ,
Life Insurance ,
Summary Judgment ,
Widows
The US Supreme Court recently agreed to review the Eighth Circuit’s decision in Thole v. US Bank, in which the Eighth Circuit held that participants in an overfunded defined benefit pension plan lack standing to sue for...more
7/23/2019
/ Benefit Plan Sponsors ,
Breach of Duty ,
Certiorari ,
Defined Benefit Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Investment Funds ,
Pensions ,
Retirement Plan ,
SCOTUS ,
Standing
Due to an Internal Revenue Service (IRS) change in course published in Notice 2019-18, plan sponsors may now offer retirees lump-sum windows as another pension “de-risking” option. Plan sponsors considering pension de-risking...more