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Employee Benefits Surviving Spouse

Husch Blackwell LLP

Planning for Retirement Benefits Post-Secure Act

Husch Blackwell LLP on

On July 18, 2024, the Internal Revenue Service (IRS) issued final regulations updating the required minimum distribution (RMD) rules. The final regulations reflect changes made by the Setting Every Community Up for Retirement...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] What Employers Need to Know About Delaware’s June Legislative Session - Part 1 - June 23rd, 10:00 am ET

In this two-part webinar series, Weber Gallagher's Kristen Swift and Tracy Walsh will be joined by Rebecca Byrd, Partner at ByrdGomes, to discuss pending legislation before the Delaware General Assembly. These webinars 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

Seyfarth Shaw LLP on

In an unpublished decision dated May 16, 2019, the Ninth Circuit held that a plan administrator abused its discretion by denying surviving spouse benefits under an ERISA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

Holland & Knight LLP

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

Holland & Knight LLP on

• 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

Bowditch & Dewey

Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

Bowditch & Dewey on

On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed...more

Bowditch & Dewey

Last Call: Labatt Phases Out Retiree Perk of “Free Beer For Life”

Bowditch & Dewey on

In a major blow to its retired workers, Labatt, one of Canada’s largest breweries, has recently announced the end of a decades-long practice of providing “free beer for life” to retirees from the brewery. Since the 1970s,...more

Obermayer Rebmann Maxwell & Hippel LLP

A Tale of Two Distributions: Equitable Versus Estate in the Wake of the Kardashian/Odom Divorce

The current domestic law situation between Khloe Kardashian and Lamar Odom, although unique, is not uncommon. In December 2013, Khloe filed for divorce against Lamar, but for whatever reason, never finalized the paperwork...more

Poyner Spruill LLP

Same-Gender Marriage Implications for Employee Benefit Plans

Poyner Spruill LLP on

In the summer of 2013, the Supreme Court issued a decision in U.S. v. Windsor, striking down a key provision of the Defense of Marriage Act (DOMA) and eliminating the requirement that federal law recognize only marriages...more

Laner Muchin, Ltd.

Citing Windsor, Two Courts Extend Spousal Rights To Same-Sex Couples Who Reside In States That Do Not Recognize Same-Sex Marriage

Laner Muchin, Ltd. on

As we previously reported, the decision overturning the federal Defense of Marriage Act (DOMA) left open many questions, including the impact of the decision on states that do not recognize same-sex marriage. Recent decisions...more

McDermott Will & Emery

Two Federal Courts Recognize Same-Sex Spousal Rights for Residents of States Not Permitting Same-Sex Marriage

Obergefell v. Kasich and Cozen O’Connor v. Tobits may reflect a growing trend of courts and other bodies to recognize same-sex marriages validly celebrated elsewhere even if the couple’s current state of residence does not...more

Proskauer - Employee Benefits & Executive...

First Post-Windsor ERISA Decision

In the first reported ERISA decision post-Windsor, the U.S District Court for the Eastern District of Pennsylvania held (in Cozen O’Connor, P.C. v. Jennifer Tobits) that a same-sex spouse is to be treated as the decedent’s...more

Perkins Coie

Implications Of Same-Sex Marriage Decisions By U.S. Supreme Court For Employer-Sponsored Health And Welfare Benefit Plans

Perkins Coie on

Two controversial cases involving same-sex marriage were decided on June 26, 2013 by the United States Supreme Court. ...more

Troutman Pepper

Supreme Court Rules DOMA Unconstitutional – Employee Benefit Plan Implications

Troutman Pepper on

Yesterday, the U.S. Supreme Court, in U.S. v. Windsor, ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional because it violates the Fifth Amendment’s equal protection guaranty for persons of the same...more

FordHarrison

Legal Alert: Supreme Court Strikes Portion Of DOMA

FordHarrison on

On June 26, 2013, the United States Supreme Court issued a pair of opinions favorable to the gay rights movement, ruling that married same-sex couples are entitled to federal benefits and, by declining to decide a case from...more

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