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Report Link Supreme Court Permits Employees to Sue Retirement Plan Fiduciaries for Losses to Individual Account Balances.Buchanan Ingersoll & Rooney PC - February 27, 2008 In a decision on February 20, 2008, the Supreme Court effectively removed a major defense that had, until now, been routinely used to overcome claims by retirement plan participants seeking to recover for losses to their individual account balances allegedly caused by the actions or inactions of plan fiduciaries. In doing so, however, the Supreme Court may have created some new questions and more uncertainties. Report Link Supreme Court Allows Individual Fiduciary Claim for 401(k) Losses.Vedder Price - February 27, 2008 The Supreme Court has unanimously ruled (although in three separate opinions) that a participant in a 401(k) plan may sue for recovery arising from a breach of fi duciary duty, reversing lower court rulings that dismissed the participant’s lawsuit. Report Link Reducing Fiduciary Exposure Under 401(k) Plans.Jackson Lewis LLP - January 23, 2007 The 401(k) plan has become the primary retirement funding vehicle for the vast majority of employers. 401(k) plans are not only popular with employees, but also can provide employers with reduced exposure to liability under ERISA. However, such plans require ongoing fiduciary attention, and employers often do not take full advantage of the opportunities to reduce ERISA fiduciary liability. The recently enacted Pension Protection Act of 2006 ("PPA") provides employers sponsoring 401(k) plans with new tools that may prove useful in to reducing fiduciary exposure. Retail Industry Leaders Ass'n v. Fielder, 4th Cir., No. 06-1840 (January 17, 2007).Report Link Recent Court Decisions Examine Scope of Fiduciary Liability under ERISA.Jackson Lewis LLP - May 23, 2006 An area of ongoing concern for employers with employee benefit plans is fiduciary duty liability and the defense of litigation that can result. Three recent federal court decisions illustrate some of the legal issues that arise regarding the scope of fiduciary duty liability under the Employee Retirement Income Security Act, or ERISA.
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November 12, 2009 Fisher & Phillips |
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