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

Gabelman v. Sher: Defining a "Plan" Under ERISA
Posted on 11 Jun 2012 by Barry L. Salkin

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... Read More

Ballard Spahr LLP: Court Bars Act 111 Arbitrators from Reducing Post-Retirement Benefits
Posted on 12 Mar 2012 by Ballard Spahr LLP

By Patrick J. Harvey and John P. McLaughlin In efforts to control ever-escalating post-retirement health care costs, many Pennsylvania municipalities have sought decreased post-retirement health benefits for current employees in Act 111 interest arbitration... Read More

Morrison & Foerster LLP: Retirement Benefits for Domestic Employees
Posted on 3 Apr 2012 by Morrison and Foerster LLP

By Wendy M. Greenberg, Esq. , Morrison & Foerster LLP We have previously discussed in this space the possible tax traps related to clients' gifts and bequests to their employees. This article continues in that vein to provide some practical... Read More

Williams Mullen: Retirement Plans’ Fiduciaries Are Found Liable to Plans for $36.9 Million: Tussey v. ABB, Inc.
Posted on 4 May 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In Tussey v. ABB, Inc. , No. 2:06-cv-04305 (Western District of Missouri, March 31, 2012) [ enhanced version available to lexis.com subscribers ], a class action case brought by present and former employees of... Read More

Williams Mullen: Eleventh Circuit Rules That Home Depot Plan Fiduciaries Did Not Breach Their Duties Related to the Plan’s Company Stock Fund: Lanfear v. Home Depot, Inc.
Posted on 4 Jun 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In Lanfear v. Home Depot, Inc. , No. 10-13002 (11th Cir. May 8, 2012) [ enhanced version available to lexis.com subscribers ], the U.S. Court of Appeals for the Eleventh Circuit joined five other federal circuit... Read More

Ballard Spahr LLP: Best Practices for Plan Fiduciaries - The New 408(b)(2) Service Provider Disclosure Regulation
Posted on 13 Jun 2012 by Ballard Spahr LLP

By Brian M. Pinheiro and Kurt R. Anderson Employers that sponsor section 401(k), 403(b), and other types of retirement plans rely on third parties to conduct the day-to-day administrative functions of these plans. Investment managers, record-keepers... Read More

Gabelman v. Sher: Defining a "Plan" Under ERISA
Posted on 11 Jun 2012 by Barry L. Salkin

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... 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

Williams Mullen: Retirement Plans’ Fiduciaries Are Found Liable to Plans for $36.9 Million: Tussey v. ABB, Inc.
Posted on 4 May 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In Tussey v. ABB, Inc. , No. 2:06-cv-04305 (Western District of Missouri, March 31, 2012) [ enhanced version available to lexis.com subscribers ], a class action case brought by present and former employees of... Read More

Morrison & Foerster LLP: Retirement Benefits for Domestic Employees
Posted on 3 Apr 2012 by Morrison and Foerster LLP

By Wendy M. Greenberg, Esq. , Morrison & Foerster LLP We have previously discussed in this space the possible tax traps related to clients' gifts and bequests to their employees. This article continues in that vein to provide some practical... Read More

Ballard Spahr LLP: Court Bars Act 111 Arbitrators from Reducing Post-Retirement Benefits
Posted on 12 Mar 2012 by Ballard Spahr LLP

By Patrick J. Harvey and John P. McLaughlin In efforts to control ever-escalating post-retirement health care costs, many Pennsylvania municipalities have sought decreased post-retirement health benefits for current employees in Act 111 interest... Read More

Ballard Spahr LLP: Best Practices for Plan Fiduciaries - The New 408(b)(2) Service Provider Disclosure Regulation
Posted on 13 Jun 2012 by Ballard Spahr LLP

By Brian M. Pinheiro and Kurt R. Anderson Employers that sponsor section 401(k), 403(b), and other types of retirement plans rely on third parties to conduct the day-to-day administrative functions of these plans. Investment managers, record-keepers... Read More

Williams Mullen: Eleventh Circuit Rules That Home Depot Plan Fiduciaries Did Not Breach Their Duties Related to the Plan’s Company Stock Fund: Lanfear v. Home Depot, Inc.
Posted on 4 Jun 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In Lanfear v. Home Depot, Inc. , No. 10-13002 (11th Cir. May 8, 2012) [ enhanced version available to lexis.com subscribers ], the U.S. Court of Appeals for the Eleventh Circuit joined five other federal circuit... Read More