BENEFITS DIGEST

Kevin Flowers participates in an employee benefits plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”).

A biweekly ERISA roundup covering the latest retirement- and health-plan circuit rulings and new DOL guidance.

the case in which the Supreme Court held in May that a plan’s actuary may calculate an employer’s withdrawal liability using actuarial assumptions adopted after the measurement date.

The United States Supreme Court recently held in M&K Employee Solutions, LLC et al. v. Trustees of the IAM National Pension Fund that the Employee Retirement Income Security Act of 1974 (“ERISA”)

The Third Circuit affirmed summary judgment for a 401(k) plan sponsor in In re Quest Diagnostics ERISA Litigation, holding that ERISA's duty of prudence is a process-based inquiry. A sound fiduciary process, not investment results, defeats a breach claim, and permissive investment-policy-statement language preserved the committee's discretion to retain underperforming funds.

“If at first you don’t succeed, try, try again” is a famous quote with unclear origins dating back over 200 years. It is a saying that plaintiff firms appear to have used as inspiration for their

Court of Appeals for the Third Circuit ·

The Third Circuit affirmed summary judgment for a 401(k) plan sponsor in In re Quest Diagnostics ERISA Litigation, holding that ERISA's duty of prudence is a process-based inquiry. A sound fiduciary process, not investment results, defeats a breach claim, and permissive investment-policy-statement language preserved the committee's discretion to retain underperforming funds.

In the past few years, several cases have been filed against ESOP fiduciaries who allegedly invested employer contributions in an ESOP’s other investment account (“OIA”) too conservatively. These

Salek-Raham said, “I think after these cases came out, a lot of employers took a good look at their forfeiture language and their plan documents,” noting that courts are increasingly focused on plan

The court’s analysis involved determining whether the Chicago Transit Authority’s request for a third opinion on his leave certification comported with the law.

Salek-Raham observed that the decision “does create a disincentive to bringing class actions in the Fourth Circuit involving defined-contribution plans.” His comments highlighted the growing divide

Employers are now beginning to receive settlement proceeds from the $2.67 billion class action settlement reached by the Blue Cross Blue Shield Association (BCBSA) and the class plaintiffs. This

Bermuda has introduced a new right for employees to take 'parental leave' when they adopt or become the legal guardian of a young child who lives in their household. The new right broadly aligns with