District Court's Discretion To Award Attorneys' Fees Under ERISA After Hardt

With respect to the exercise of discretion to award attorneys' fees under ERISA, what is the impact of the U.S. Supreme Court decision in Hardt v. Reliance Std. Life Ins. Co. , 130 S. Ct. 2149 (U.S. 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE...

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...

Gabelman v. Sher: Defining a "Plan" Under ERISA

What is a "plan" under ERISA? In this Analysis, Barry L. Salkin of Olshan Grundman Frome Rosenzweig & Wolosky LLP addresses this question and discusses Gabelman v. Sher, 2012 U.S. Dist. LEXIS 40334 (March 23, 2012) [ enhanced version available to lexis.com subscribers ], which provides...

Kammerer v. The Motion Picture Industry Pension Plan: Calculating a Ratable Share when ERISA Plan Does Not Define a Full Year of Participation

ERISA and CFR Provisions : Under 29 U.S.C. § 1054(b)(4)(B) , ERISA Section 204(b)(4)(B), 29 C.F.R. § 2530.204-2(c)(1) , employees who are credited with at least 1,000 hours of service in a plan year must receive at least a ratable portion of the accrued benefit to which they are entitled if...