In Hardt v. Reliance Std. Life Ins. Co. ,
2010 U.S. LEXIS 4164 (U.S. May 24, 2010) , the Supreme Court rejected a
"prevailing party requirement" for an award of attorney's fees under
ERISA because it was contrary to the statute's plain text in 29
USCS § 1132 (g)(1). Instead...
Mark Smith, Mary Thornton Payne, and Jamey A. Medlin
On October 20, 2010, the U.S. Department of Labor (DOL)
published a final regulation imposing new disclosure requirements for
participant-directed individual account retirement plans. The final regulation
requires the plan administrator of...
On October 22, 2010, the U.S. Department of Labor (DOL)
proposed to replace its long-standing regulation defining the circumstances in
which investment advice confers "fiduciary" status under ERISA, with a new,
more expansive definition . The proposal would take effect 180 days after
On November 30, 2010, the Department of Labor (DOL) proposed new regulations requiring plan fiduciaries to provide enhanced disclosures about target date funds to retirement plan participants directing their own investments. The proposal would also amplify the investment information that must be disclosed...
by Dan Buchner and Mark Smith
In 2010, the Department of Labor (DOL) continued an
active program of issuing individual exemptions from the prohibited transaction
rules of ERISA. These rules generally prohibit, among other things:
Sale and lending transactions between: (1)
certain retirement and...
by Mark Smith, Dan
Buchner, and Jamey Medlin
The U.S. Department of Labor (DOL) recently issued three
advisory opinions considering fiduciary or prohibited transaction issues
arising in the management of ERISA plans.
Manager's Selection of Remotely Affiliated Broker-Dealer
Solis v. Clark Consulting v. Malkani, et al. ,
No. 09-1383(L) (4th Cir. Mar. 16, 2011)
S. Thomas & Robert W. Shaw
A recent decision of the U.S. Court of Appeals for the
Fourth Circuit has confirmed the breadth of the district court's equitable
powers over a retirement benefit...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court
today ruled May 16 that although Section 502(a)(1)(B) of the Employee
Retirement Income Security Act does not permit a district court to reform the
terms of a pension plan, Section 502(a)(3) does authorize such relief ( CIGNA
BY: MARK S. THOMAS AND ROBERT W. SHAW
The Supreme Court has issued a significant decision that
may broadly expand the scope of equitable remedies for ERISA retirement plan
plaintiffs. In CIGNA Corp. v. Amara , No. 09-804 (May 16, 2011), the
Court set aside the trial court's decision for the...
The U.S. Department of Labor has slightly delayed the deadlines on significant new
affirmative obligations for fiduciaries of retirement plans subject to the
Employee Retirement Income Security Act (ERISA).
Although the deadlines have been pushed back to April 1,
2012, employers should be preparing...
On Monday, while the Supreme Court was busy not deciding the health care case, it found time to grant certiorari in two employment law cases. I already blogged about the supervisor liability case, Vance v. Ball State Univesity . The other employment law case is U.S. Airways, Inc. v. McCutchen (3d Cir...
It's here! The new SCOTUS season kicks off today! Let's see what kind of employment law goodies the Court has in store for us (in order of my personal preference): Supervisor Liability In Vance v. Ball State University, the Supreme Court will determine who counts as a supervisor in harassment...
All right, kiddies. My posts over the last few weeks have been juicy and entertaining. (Or as juicy and entertaining as employment law can get.) But summer is over, and it's time to buckle down.
The Supreme Court of the United States (aka "SCOTUS") began its new term this past Monday...
45 J. Marshall L. Rev. 541, Spring 2012
Author: José M. Jara
A decade after the collapse of Enron and WorldCom, the headlines
were flooded with the collapse of companies like Bear Stearns and Lehman
Brothers due to the subprime mortgage crisis. After this latest economic...
WASHINGTON, D.C. - (Mealey's) The Third Circuit U.S.
Court of Appeals erred in ruling that a health plan administrator's claim for
reimbursement against a plan participant is subject to equitable limitations,
including unjust enrichment, under Employee Retirement Income Security Act
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 16 ruled that a health plan administrator's claim for reimbursement against a plan participant under Employee Retirement Income Security Act Section 502(a)(3) based on an equitable lien by agreement is governed by the terms of the...
by Sara E. Hauptfuehrer
Employer-sponsored group heath plans typically allow
reimbursement to the plan for benefits paid in connection with injuries
sustained as a result the tortious conduct of a third party. That right
of reimbursement arises when the injured plan participant obtains a recovery...
WASHINGTON, D.C. — (Mealey’s) A beneficiary’s claim for wrongful denial of disability benefits under the Employee Retirement Income Security Act does not accrue for limitations purposes until the plan’s internal benefits resolution process has been exhausted, notwithstanding a...