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Pensions Corporate Counsel

Proskauer - Employee Benefits & Executive...

DOL Updates Guidance on Pension and Health & Welfare Plan Cybersecurity Best Practices

In 2021, the U.S. Department of Labor (DOL) issued 3 documents outlining guidance on cybersecurity practices for benefits plans, which we discussed in a blog post at the time. The DOL recently issued revised versions of the...more

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

Frantz Ward LLP

Sixth Circuit Clarifies the Date on Which a Claim for Pension Benefits Under ERISA Accrues

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In Gragg v. UPS Pension Plan, 55 F.4th 1059 (6th Cir. 2022), the Sixth Circuit held that the limitations period for an ERISA claim to recover benefits due under a plan did not expire before the alleged underpayment on which...more

Jackson Lewis P.C.

Third Circuit Joins Sister Circuits in ‘Employer’ Definition under Multiemployer Pension Plan Amendments Act

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Turning an “American Dream Project” into a nightmare for a New Jersey contractor, the U.S. Court of Appeals for the Third Circuit has held that, under ERISA’s multiemployer pension plan provisions (the Multiemployer Pension...more

Jackson Lewis P.C.

Plan Terms and Tax Rules: What Does “Retire” Mean To Qualify for Retirement Benefits?

Jackson Lewis P.C. on

In Metzgar v. U.A. Plumbers & Steamfitters Local No. 22 Pension Fund, 2022 U.S. App. LEXIS 5466 (2d Cir. Mar. 2, 2022), the Second Circuit in a summary order affirmed the district court’s decision granting summary judgment in...more

White & Case LLP

UK Pensions Regulator's new criminal powers are a wake-up call to companies planning corporate transactions

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The UK Pensions Regulator is gaining stronger powers, which will have a significant impact on companies undertaking activities such as M&A, secured borrowing, and restructuring. Following best practice and thinking ahead have...more

Hogan Lovells

Q4 2021 Quarterly Corporate / M&A decisions updates

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Below is our Corporate / M&A decisions update covering decisions in the fourth quarter of 2021. This update is designed to highlight selected important M&A, corporate, and commercial court decisions on a quarterly basis....more

Morgan Lewis - ML Benefits

IRS Guidance Clarifies Pandemic Rehiring Need Not Always Affect Retirement Benefits

The IRS recently issued FAQs to address workforce issues and labor shortages resulting from the COVID-19 pandemic. The guidance seems to be in response to well-publicized labor shortages affecting schools and the education...more

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

IRS Lifts Barriers to Help Address Labor Shortage Due to COVID-19

As employers across the country are facing critical labor shortages, the Internal Revenue Service (IRS) has stepped in, attempting to help by removing barriers that may have previously stopped employers from rehiring retirees...more

Tucker Arensberg, P.C.

Third Circuit Affirms $96 Million Withdrawal Liability Award Against Renco

In a major win for the Steelworkers Pension Trust (SPT), the U.S. Court of Appeals for the Third Circuit upheld an award totaling $96 million in withdrawal liability and additional statutory penalties against the Renco Group,...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer Rose LLP

PBGC Issues Guidance on New Special Financial Assistance Program for Troubled Multiemployer Pension Plans

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As we previously reported, the American Rescue Plan Act of 2021 (“ARPA”) created a special financial assistance program that is administered by the Pension Benefit Guaranty Corporation (“PBGC”) and intended to extend the...more

Epstein Becker & Green

ARPA’s Impact on Multiemployer Pension Plans and Contributing Employers

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On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA”). ARPA is the latest COVID-19-related stimulus legislation passed by Congress, but, unlike prior legislation, ARPA provides expansive...more

Jackson Lewis P.C.

About That Pension Check… A Miscalculation Case With Broader Implications

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The Ninth Circuit Court of Appeals recently addressed several issues of first impression in Bafford v. Northrop Grumman (9th Cir. April 15, 2021), a lawsuit involving retirees who received vastly overstated pension benefit...more

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

American Rescue Plan Act of 2021: Top Employee Benefits and Executive Compensation Provisions

On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 (ARPA). The ARPA is the latest installment of COVID-19–related stimulus packages passed by Congress in the last 12 months. Similar to the...more

K&L Gates LLP

DOL Creates New E-Delivery Safe Harbor for Retirement Plan Disclosures

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EXECUTIVE SUMMARY - The Department of Labor (DOL) published final regulations that make significant strides in reducing barriers to the electronic delivery of a wide array of retirement plan disclosures. Specifically, the...more

Groom Law Group, Chartered

Big Win for Employer in Actuarial Equivalence Case – Class Certification Denied

The U.S. District Court for the Northern District of Texas dealt a major blow to the putative class action Torres v. American Airlines, Inc., finding that the four named plaintiffs are not adequate class representatives for...more

Cozen O'Connor

ERISA Fiduciaries Get Protection as a result of High Court Ruling

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This week’s ruling of the U.S. Supreme Court is potentially positive news and has promising favorable future implications for fiduciaries of ERISA-regulated employee pension plans who might be faced with allegations of...more

Goodwin

Top 10 Compensation and Benefits Issues for Employers in Light of the COVID-19 Pandemic

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As the COVID-19 pandemic continues to unfold, many employers are faced with questions about the impact of economic changes and workforce reductions on their compensation and benefits arrangements. This alert is intended to...more

Stinson LLP

CARES Act Provides Much Needed Retirement Plan-Related Relief for Individuals and Employers Impacted by COVID-19

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On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which addresses the public economic and health crisis related to the 2019 novel coronavirus (COVID-19)....more

Seyfarth Shaw LLP

Beware of the “Overshare”: Construe Requests for ERISA Plan Documents Narrowly!

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Seyfarth Synopsis: Administrators of ERISA plans frequently receive requests from participants, beneficiaries, and their representatives for plan-related documents. A recent decision from the Court of Appeals for the Fifth...more

American Conference Institute (ACI)

[Event] ERISA Litigation – Valuable insights on how to prevent, manage and defend against rising, costly ERISA disputes - November...

Ensure that You are Equipped with the Latest Updates and Strategies to Prevent, Manage and Defend Against Rising, Costly ERISA Disputes - This annual event is your best opportunity to gain best practices for your everyday...more

McGuireWoods LLP

Multi-employer Plan Withdrawal Liability — Lessons From The E Company Case

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In Trustees of the Suburban Teamsters of Northern Illinois Pension Fund v. The E Company, the 7th U.S. Circuit Court of Appeals on Jan. 29, 2019, affirmed a district court’s judgment ordering a group of closely held...more

Proskauer - Law and the Workplace

The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire

The Third Circuit recently issued a significant opinion in Bryan v. Government of the Virgin Islands, Case No. 18-1941, 2019 WL 661822 (3rd Cir. February 19, 2019) holding that the Virgin Islands did not violate the Age...more

Dickinson Wright

Buyers Beware: Sixth Circuit Holds That Asset Purchaser Can Be Sued for Predecessor’s Unpaid Pension Liability

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In a typical asset sale transaction, the purchaser takes great care to disclaim any responsibility for the seller’s business debts. When the seller is a sponsor of a defined benefit pension plan, this typically includes a...more

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