Estate and Elder Law

Recent Posts

Pension and Postretirement Benefit Accounting
Posted on 30 May 2012 by Donald Resseguie

Pension and postretirement benefits represent a significant cost to employers. The Financial Accounting Standards Board has specified that postretirement benefits are a form of deferred compensation. FASB concluded that the obligation to provide postretirement... Read More

Too Big to Fail and Too Big to Pay: States, Their Public-Pension Bills, and the Constitution
Posted on 28 Nov 2011 by LexisNexis Estate and Elder Law Community Staff

By Debra Brubaker Burns* *Juris Doctor Candidate 2012, University of California, Hastings College of the Law; Doctor of Philosophy, University of Minnesota. Excerpt from Too Big to Fail and Too Big to Pay: States, Their Public-Pension Bills, and the... Read More

David Pratt on Hybrid Pension Plans: Final/Proposed Regulations and Recent Judicial Decisions
Posted on 15 Sep 2011 by David Pratt

David Pratt on Hybrid Pension Plan Final Regulations On October 19, 2010, Treasury and IRS issued final regulations on hybrid retirement plans. The regulations provide guidance on the changes made by the Pension Protection Act of 2006 (PPA), as amended... Read More

The Public Employee Pension Transparency Act (2011 H.R. 567)
Posted on 28 Nov 2011 by James M. Wilson, Jr.

The economic downturn has impacted state and local government revenues, and the costs associated with maintaining defined benefit pension plans and unfunded liabilities are on the rise. Legislation has been drafted to address perceived problems with state... Read More

When a Promise Isn't a Promise: Public Employers' Ability to Alter Pension Plans of Retired Employees
Posted on 28 Nov 2011 by LexisNexis Estate and Elder Law Community Staff

By Gavin Reinke* * Candidate for Doctor of Jurisprudence, May 2012, Vanderbilt University Law School. Excerpt from When a Promise Isn't a Promise: Public Employers' Ability to Alter Pension Plans of Retired Employees, 64 Vand. L. Rev. 1673... Read More

Milgram v. Orthopedic Assocs. Defined Contribution Pension Plan
Posted on 27 Feb 2012 by Barry L. Salkin

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... Read More

Williams Mullen: Remedies for Plan Communications Errors Clarified
Posted on 2 Sep 2011 by Williams Mullen

By Brydon M. DeWitt The Supreme Court of the United States recently clarified the relief available to plan participants and beneficiaries for inaccurate plan descriptions. Although it confirmed that plan documents control over conflicting plan descriptions... Read More

The Public Employee Pension Transparency Act (2011 H.R. 567)
Posted on 28 Nov 2011 by James M. Wilson, Jr.

The economic downturn has impacted state and local government revenues, and the costs associated with maintaining defined benefit pension plans and unfunded liabilities are on the rise. Legislation has been drafted to address perceived problems with... Read More

David Pratt on Hybrid Pension Plans: Final/Proposed Regulations and Recent Judicial Decisions
Posted on 15 Sep 2011 by David Pratt

David Pratt on Hybrid Pension Plan Final Regulations On October 19, 2010, Treasury and IRS issued final regulations on hybrid retirement plans. The regulations provide guidance on the changes made by the Pension Protection Act of 2006 (PPA), as... Read More

When a Promise Isn't a Promise: Public Employers' Ability to Alter Pension Plans of Retired Employees
Posted on 28 Nov 2011 by LexisNexis Estate and Elder Law Community Staff

By Gavin Reinke* * Candidate for Doctor of Jurisprudence, May 2012, Vanderbilt University Law School. Excerpt from When a Promise Isn't a Promise: Public Employers' Ability to Alter Pension Plans of Retired Employees, 64 Vand. L. Rev... Read More

Pension and Postretirement Benefit Accounting
Posted on 30 May 2012 by Donald Resseguie

Pension and postretirement benefits represent a significant cost to employers. The Financial Accounting Standards Board has specified that postretirement benefits are a form of deferred compensation. FASB concluded that the obligation to provide postretirement... Read More

Too Big to Fail and Too Big to Pay: States, Their Public-Pension Bills, and the Constitution
Posted on 28 Nov 2011 by LexisNexis Estate and Elder Law Community Staff

By Debra Brubaker Burns* *Juris Doctor Candidate 2012, University of California, Hastings College of the Law; Doctor of Philosophy, University of Minnesota. Excerpt from Too Big to Fail and Too Big to Pay: States, Their Public-Pension Bills... Read More

Milgram v. Orthopedic Assocs. Defined Contribution Pension Plan
Posted on 27 Feb 2012 by Barry L. Salkin

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... Read More

Williams Mullen: Remedies for Plan Communications Errors Clarified
Posted on 2 Sep 2011 by Williams Mullen

By Brydon M. DeWitt The Supreme Court of the United States recently clarified the relief available to plan participants and beneficiaries for inaccurate plan descriptions. Although it confirmed that plan documents control over conflicting plan ... Read More