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Retirement Plan › Vested Benefits

Bricker Graydon LLP

Knock Knock, Is Anyone Home? Do You Know Where Your “Missing” Retirement Plan Participants Are?

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In the laundry list of retirement plan administrative and operational requirements, plan sponsors may sometimes overlook their obligations with respect to terminated vested employees. Even though these individuals have left...more

Jackson Lewis P.C.

SECURE 2.0 Series Part 8: New Lost and Found Program and an Increase to the Dollar Limit on Mandatory Distributions

Jackson Lewis P.C. on

Welcome to Part 8 of our series about the SECURE 2.0 Act of 2022 (SECURE 2.0) (our other articles may be found on our JL Employee Benefits Blog Post Page). Among the many changes within SECURE 2.0 are two provisions that may...more

Houston Harbaugh, P.C.

SECURE 2.0 Act of 2022 Makes Sweeping Retirement Plan Changes

Houston Harbaugh, P.C. on

The 2022 holiday season brought a long-awaited gift from Congress; the retirement plan bill known as “SECURE 2.0” (successor to 2019’s Setting Every Community Up for Retirement Enhancement Act, the original “SECURE Act”) was...more

Kerr Russell

Politics And Insolvency: The Saga Of Delphi Retirees

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In every insolvency or bankruptcy proceeding, there are winners and losers. Senior secured creditors are often paid in full while general unsecured creditors receive pennies on the dollar. Typically, who gets paid and who...more

Littler

Circuit Courts Grapple With the Permanence of Retiree Health Benefits Under Collective Bargaining Agreements

Littler on

On August 7, 2019, in Kelly v. Honeywell International, the Second Circuit handed down the latest decision in a series of cases across the country on a company’s obligation to provide lifetime health care to retirees....more

Nossaman LLP

California Court of Appeal Upholds Application of PEPRA to Judges Who Were Elected Before, But Assumed Office After, PEPRA Took...

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In the latest state appellate decision addressing the constitutionality of the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) and other recent pension reform legislation, Division One of the First District...more

Nossaman LLP

California Supreme Court Gears Up for Showdown Over the Scope of Vested Public Pension Rights

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In the latest twist in California’s pending vested rights litigation, parties on all sides of Alameda County Deputy Sheriff’s Assn. et al v. Alameda County Employees’ Retirement Assn., et al. (2018) 19 Cal.App.5th 61...more

Proskauer Rose LLP

ERISA Newsletter - First Quarter 2017

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After a brief hiatus, Proskauer's ERISA Newsletter is back with a brand new look. We hope you like it and find it is easier to navigate. In addition to implementing our new format, we have moved to a quarterly publication...more

Nossaman LLP

First District Court of Appeal Speaks Again on Vested Rights as It Upholds the Constitutionality of PEPRA's Elimination of...

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On December 30, 2016, Division Three of the First District Court of Appeal (“DCA”) issued a unanimous published decision in Cal FIRE Local 2881, et al. v. CalPERS, et al. (Dec. 30, 2016, A142793) (“CalFIRE Decision”)...more

Proskauer - Employee Benefits & Executive...

Honeywell Defeats Retirees’ Class Action Suit for Lifetime Health Benefits

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A federal district court in Ohio dismissed retirees’ claims for lifetime healthcare benefits from Honeywell.  Honeywell provided healthcare benefits to plaintiffs through a series of collective bargaining agreements and,...more

Jackson Walker

Case Note: Fifth Circuit Interprets "Vested" and "Accrued" For Governmental Pension Benefits

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Jim Griffin In a decision issued on July 1, the United States Court of Appeals for the Fifth Circuit considered whether changes that were made to the City of Fort Worth pension plan violated the Texas constitution’s...more

Nossaman LLP

No Surprises in Recent Vested Rights Decision: Fry v. City of Los Angeles

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The recent decision in Fry v. City of Los Angeles (California Second District Court of Appeal Case No. B259791, March 7, 2016) held, after careful parsing of the language in the City Charter and the applicable City...more

Goodwin

Supreme Court Rules No Presumption of Lifetime Vesting of Retiree Health Benefits

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The Supreme Court overturned the Sixth Circuit’s long-standing Yard-Man presumption, ruling that courts should apply ordinary contract principles to determine whether benefits have vested....more

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