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New Developments >>> revised 2015.Jan.28

Updates? contact Mark Poerio @ LinkedIn.  Executive Compensation Alerts here.

2015.Jan.26  No Thumb on Scales favoring Retirees for Welfare Benefits . . .  Nor for Employees
The Supreme Court's decision in M&G Polymers v. Tackett reflects a continuing theme in ERISA litigation: employers will be held to their contractual promises, but ordinary principles of contract law will generally control.  In rejecting what is known as "the Yard-Man inference" based on a 1983 Sixth Circuit decision, the Supreme Court stated "Yard-Man violates ordinary contract principles by placing a thumb on the scale in favor of vested retiree benefits in all collective-bargaining agreements" (slip opinion, page 10).  Smart employers will take this as another reason to . . . continued at ERISA Litigation.

2014.Oct.30  Employer Stock Drop: ERISA Fiduciary Breach Claims Viable re SEC Filings (9th Cir.)
If a plan administrator chooses to incorporate SEC filings into a plan's summary plan description (SPD), that is a fiduciary act, and may support ERISA misrepresentation claims based on the detrimental reliance by plan participants on fiduciary statements made in the employer's SEC filings . . . continued at Employer Stock Drop Litigation.

2014.Oct.06 Plan Claims - Limitations Period Enforced (Object Lesson)
Suppose an SPD sets forth a limitations period within which participants must bring claims for benefits. Whether or not that gets enforced mainly depends on (1) incorporating it into the plan document, and (2) not . . . continued at Internal Statutes of Limitations.

Other Notable Updates:

2013.Dec.26  HIPAA Settlement Agreement - see HIPAA Litigation.

2013.Dec.13
  Employer "Stock Drop" Litigation - Supreme Court to Address: see Stock Drop Litigation; see also Stock Drop Litigation Results (for Judgments and Settlements).

2013.Nov.20  Coverage for Defense Costs during DOL Investigations? See Fiduciary Defense and Indemnification.

2013.Nov.01  IRS COLA $$$for 2014: see Plan Limits.

2013.July.6  COBRA Procedural System Insights . . . for less than $1.85 Million: see COBRA Litigation.

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