ERISA

FAQs on Workplace Emergency Savings Accounts Under SECURE 2.0  

Jenny Gartman, CEBS
 

The U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) has issued FAQs on optional pension-linked emergency savings accounts (PLESAs) as part of the implementation of the SECURE 2.0 Act of 2022 (ERISA section 801). SECURE 2.0 authorized 401(k), 403(b) and governmental […]

Legal & Legislative Reporter: Appellate Court Reverses and Remands Denial of Breach of Fiduciary Duty

Tim Hennessy
 

Every month, the International Foundation releases the Legal and Legislative Reporter, a compilation of new employee benefits-related case summaries. Below is a summary we thought you’d be interested in. Content provided by Morgan, Lewis & Bockius LLP. The U.S. Court of Appeals for […]

Legal & Legislative Reporter: Medical Provider May Not Bring Claim on Behalf of Participants and Beneficiaries

Guest Contributor
 

Every month, the International Foundation releases the Legal and Legislative Reporter, a compilation of new employee benefits–related case summaries. Below is a summary we thought you’d be interested in. Content provided by Morgan, Lewis & Bockius LLP. The U.S. District Court for the […]

Legal & Legislative Reporter: Failure to Satisfy ERISA Requirements Dismisses Future Disability Benefits

Guest Contributor
 

Every month, the International Foundation releases the Legal and Legislative Reporter, a compilation of new employee benefits-related case summaries. Below is a summary we thought you’d be interested in. Content provided by Morgan, Lewis & Bockius LLP. The U.S. District Court for the […]

Legal & Legislative Reporter: Outcome of Farming Accident and Claim Denial Under the Occupational Exclusion 

Guest Contributor
 

Every month, the International Foundation releases the Legal and Legislative Reporter, a compilation of new employee benefits-related case summaries. Below is a summary we thought you’d be interested in. Content provided by Morgan, Lewis & Bockius LLP. The U.S. District Court for the […]

How SFA Rules Impact Annual Funding Notice Requirements

Jenny Gartman, CEBS
 

The American Rescue Plan Act (ARPA) of 2021 authorized special financial assistance (SFA) through the Pension Benefit Guaranty Corporation (PBGC) to eligible severely underfunded multiemployer plans. ARPA added section 4262 to Title IV of the Employee Retirement Income Security Act (ERISA). The multiemployer plans […]

Legal and Legislative Reporter: Defendant Administrator Erroneously Denied Plaintiff’s LTD Benefits Claims

Guest Contributor
 

Every month, the International Foundation releases the Legal and Legislative Reporter, a compilation of new employee benefits–related case summaries. Below is a summary we thought you’d be interested in. Content provided by Morgan, Lewis & Bockius LLP. The U.S. District Court for the […]

Where We Are Now: Special Financial Assistance Under the American Rescue Plan Act

Kathy Bergstrom, CEBS
 

From capital market return expectations to the rules that cover the program, a lot has changed in the two years since the American Rescue Plan Act was signed into law and created the Special Financial Assistance (SFA) program for struggling multiemployer pension […]

Proposed Interest Rate Assumptions for Determining Employer Withdrawal Liability (Part Two)

Jenny Gartman, CEBS
 

A new rule proposed by the Pension Benefit Guaranty Corporation (PBGC) would increase the certainty of withdrawal liability determinations for multiemployer benefit plans and likely help prevent withdrawal liability disputes from going to arbitration and litigation, PBGC officials say. The proposed permissible […]