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Retirement Plan › Long Term Disability Insurance

Stikeman Elliott LLP

Case Law Update: Age-Based Distinction in Long-Term Disability Benefit Plan Justified under Section 1 of the Charter

Stikeman Elliott LLP on

In Rayonier v. Unifor, Locals 256 and 89 (the “Decision”) the long-term disability (“LTD”) coverage provided by Rayonier (the “Employer”) under the parties’ collective agreement was challenged by Unifor, Locals 256 and 89...more

Bennett Jones LLP

Age 65 Cut-Off for Long-Term Disability Benefits Coverage Not a Charter Violation

Bennett Jones LLP on

In Rayonier v Unifor, Locals 256 and 89 arbitrator Paula Knopf dismissed a union policy grievance which alleged that an age 65 cut-off for long-term disability (LTD) benefits coverage under the parties' collective bargaining...more

Faegre Drinker Biddle & Reath LLP

Senate Finance Committee Advances EARN Act in Effort to Expand Retirement

Faegre Drinker Biddle & Reath LLP on

On Wednesday, June 22, the Senate Finance Committee advanced the Enhancing American Retirement Now (EARN) Act, including an amendment containing retiring Sen. Pat Toomey’s Long-Term Care Affordability Act. The Amendment would...more

Jackson Lewis P.C.

Eighth Circuit: District Court Improperly Resolved Factual Disputes on Summary Judgment in ERISA Benefits Case, But Error Harmless

Jackson Lewis P.C. on

In Avenoso v. Reliance Standard Life Insurance Company, No. 21-1772, 2021 U.S. App. LEXIS 35264 (8th Cir. Nov. 30, 2021), the Eighth Circuit clarified its position in a circuit split over the proper judicial procedure for...more

Rivkin Radler LLP

Employee Benefit Plan Review – From the Courts

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Ninth Circuit Affirms Decision Rejecting Suit Seeking Early Retirement Benefits - The U.S. Court of Appeals for the Ninth Circuit has affirmed a district court’s decision rejecting a plaintiff’s lawsuit seeking to overturn...more

Payne & Fears

Key California Employment Law Cases: November 2019

Payne & Fears on

Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary:  Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more

Blake, Cassels & Graydon LLP

Pensions Newsletter – December 2017

Blake, Cassels & Graydon LLP on

Welcome to the 20th issue of the Blakes Pensions Newsletter. This newsletter provides a summary of recent jurisprudential developments that affect pensions and benefits and is not intended to be legal advice....more

Seyfarth Shaw LLP

Does the Fiduciary Exception Apply to Legal Advice Received By Insurers During the Claims Process

Seyfarth Shaw LLP on

Seyfarth Synopsis: Adding to the body of conflicting authority on the scope of the attorney-client privilege in ERISA lawsuits, a district court has found that the fiduciary exception to attorney-client privilege applies to...more

Proskauer - Employee Benefits & Executive...

Eighth Circuit Affirms Enforcement of ERISA Plan Forum Selection Clause

Proskauer - Employee Benefits & Executive... on

The Eighth Circuit enforced an ERISA plan’s forum selection clause and denied plaintiff’s appeal to have her lawsuit for disability benefits transferred back to the District of Arizona. Plaintiff Lorna Clause, who lives in...more

Proskauer - Employee Benefits & Executive...

Federal District Court Enforces Forum Selection Clause Contained in ERISA Plan

Proskauer - Employee Benefits & Executive... on

A federal district court in the Eastern District of Pennsylvania transferred an ERISA lawsuit against Caterpillar Inc. to the Northern District of Illinois after finding the forum selection clause contained in the governing...more

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