ERISA, the Pension Protection Act and Qualified Domestic Relations Orders

On June 10, 2010, the Department of Labor (DOL) issued final regulations relating to the time and order of the issuance of domestic relations orders. These regulations finalize the interim final rule published March 7, 2007 by DOL pursuant to the Pension Protection Act of 2006 (PPA). Under section 1001...

Williams Mullen: ERISA Case Alert - May 2011: George v. Kraft Foods Global, Inc.

George v. Kraft Foods Global, Inc., No. 10-1469 (7th Cir. April 11, 2011) BY: MARK S. THOMAS and ROBERT W. SHAW George, et al. v. Kraft Foods Global, Inc., et al., No. 10-1469 (7th Cir. Apr. 11, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE...

Williams Mullen: Fourth Circuit Rules That Retirement Plan Trustees’ Failures Must Have Causal Link to Plan Losses In Order to Hold Trustees Liable: Plasterers’ Local Union No 96 Pension Plan v. Pepper, No. 10-1364 (4th Cir., December 1, 2011)

BY: MARK S. THOMAS & ROBERT W. SHAW The U. S. Court of Appeals for the Fourth Circuit has ruled that retirement plan trustees cannot be held liable for failures to investigate the prudence of plan investments or to diversify those investments, unless there is a proven causal link between such...

Williams Mullen: Fourth Circuit Upholds Plan Administrator's Interpretation to Deny Disabled Doctor's Benefits Claim

BY: MARK S. THOMAS & ROBERT W. SHAW The U. S. Court of Appeals for the Fourth Circuit upheld a plan administrator's interpretation of a long term disability plan and affirmed the denial of a disabled physician's claim for benefits in Fortier v. Principal Life Insurance Company , No....

Williams Mullen: Corporate Spin-Off and a New Retirement Plan Did Not Violate Employees’ Rights Under ERISA: Nauman v. Abbott Laboratories

BY: MARK S. THOMAS & ROBERT W. SHAW The U. S. Court of Appeals for the Seventh Circuit has affirmed [ enhanced version available to lexis.com subscribers ] a trial judgment against a class of former employees of Abbott Laboratories ("Abbott"), ruling against their claim that Abbott used...

Milgram v. Orthopedic Assocs. Defined Contribution Pension Plan

Do ERISA and the IRC prohibit enforcement of a money judgment against a defined contribution plan? In this Analysis, Barry L. Salkin of Olshan Grundman Frome Rosenzweig & Wolosky LLP addresses this and the other issues. He writes: SUMMARY : A defined contribution plan beneficiary sued under ERISA...

Williams Mullen: Retirement Plan Plaintiffs Were Not Required To Exhaust Administrative Remedies Before Filing Their Class Action

The Second Circuit has held that a putative class of ERISA plaintiffs was not required to exhaust a plan's administrative remedies prior to filing claims for a redetermination of future retirement benefits and alleged irregularities in plan amendments. ...