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Home > Federal Law Articles > Employee Benefits > ERISA

Articles Discussing ERISA.

Novel ERISA Preemption Questions Presented by U.S. Supreme Court’s Dobbs Decision

June 30, 2022 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

The U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v. Wade and Planned Parenthood v. Casey, has far-reaching consequences across many areas. This special report examines the potential impact Dobbs will have on employee benefits litigation.

Congress Considers Banning Discretionary Clauses in ERISA Plans

May 20, 2022 | Littler Filed Under: ERISA

Littler

On May 12, 2022, the “Employee and Retiree Access to Justice Act” was introduced in the House of Representatives by Mark DeSaulnier (D-CA).  Senator Tina Smith (D-MN) introduced a companion bill in the Senate. The bill seeks to ban arbitration and discretionary clauses in employer-sponsored benefit plans governed by

Supreme Court to Consider Interplay of ERISA and Local “Play-or-Pay” Laws

May 13, 2022 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

The Employee Retirement Income Security Act of 1974 (“ERISA”) aims to balance the dual policies of (1) ensuring fair and prompt enforcement of rights under employee benefit plans, and (2) encouraging the creation of such plans. To strike this balance, ERISA pairs comprehensive rules regarding fiduciary responsibility with federal causes

Dealing With Undocumented Workers In ERISA Plans

May 13, 2022 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

Whether because of the tight U.S. labor market or flawed onboarding processes, many undocumented workers are becoming participants and accruing benefits in ERISA-governed employee benefit plans. Dealing with such plan participation adds yet another layer of administrative difficulty and legal exposure for employers who hire employees not authorized to work

Do Employers Need a CISO for ERISA Compliance?

March 11, 2022 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

According to a recent survey, about 45% of companies do not have a Chief Information Security Officer (CISO). As West Monroe’s “The Importance of a CISO” observes, it would be terrific for all organizations to have a CISO, but that simply may not be practical for some, particularly smaller organizations.

Second Circuit Finds No Successor Liability for ERISA Withdrawal Where Employer Did Not Acquire Unionized Facility or Employees

February 9, 2022 | Littler Filed Under: ERISA

Littler

On January 27, 2022, in New York State Teamsters Conference Pension and Retirement Fund v. C&S Wholesale Grocers, Inc., the Second Circuit joined the Third, Seventh, and Ninth Circuits in applying the doctrine of successor liability to claims for withdrawal liability under the Employee Retirement Income Security Act (ERISA).

Supreme Court Sends Case Involving ERISA Breach of Fiduciary Duty Pleading Standard Back to Seventh Circuit for Revised Analysis

January 27, 2022 | Littler Filed Under: ERISA

Littler

On Monday, January 24, 2022, the U.S. Supreme Court issued an opinion in a case of critical interest to employers offering 401(k) or other defined-contribution retirement plans.  In Hughes v. Northwestern University, Case No. 19-1401, the Court voted unanimously to vacate a decision from the U.S. Court of Appeals

Fifth Circuit ERISA Decision Denies Widow Paid-For Life Insurance Benefits

November 12, 2021 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

On October 19, 2021, the Fifth Circuit Court of Appeals denied a widow supplemental group life insurance benefits of $300,000 upon her husband’s death even though he had paid the premiums for the coverage for four years through payroll deductions by his employer, National Oilwell Varco.  The case, Talasek v.


‘Segal Blend’ Withdrawal Liability Calculation Violates ERISA, Court Holds in Milestone Decision

October 8, 2021 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

The use of the “Segal Blend” to calculate a company’s withdrawal liability when it withdrew from a multiemployer pension plan violated the Employee Retirement Income Security Act (ERISA), as amended by the Multiemployer Pension Plan Amendments Act (MPPAA), because it was not the actuary’s best estimate, the federal appeals court

Pension Plan Withdrawal Liability Calculation Violates ERISA, Court Holds in Milestone Decision

October 8, 2021 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

The use of the “Segal Blend” to calculate a company’s withdrawal liability when it withdrew from a multiemployer pension plan violated the Employee Retirement Income Security Act, as amended by the Multiemployer Pension Plan Amendments Act, because it was not the actuary’s best estimate, the federal appeals court in Cincinnati

Sixth Circuit Rules Interest Rate Methodology Selected by Plan Actuary in Withdrawal Liability Calculation Violates ERISA

October 6, 2021 | Ogletree Deakins Filed Under: ERISA

In a rare victory for employers that participate in multiemployer pension plans, the Sixth Circuit Court of Appeals held that the interest rate memorialized in the Segal Blend actuarial assumption was inappropriate to use in a withdrawal liability calculation because it is not based on “anticipated experience under the plan.”

It’s Time to Dust Off Your ERISA Fiduciary Liability Insurance Policy

September 7, 2021 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

With the end-of-the-year hustle already around the corner, now is a great time to dust off your company’s ERISA fiduciary liability policy to ensure your plan fiduciaries have robust, comprehensive coverage.  Fiduciary liability policies provide coverage for claims related to the administration and operation of retirement and health and welfare

Supreme Court Declines to Hear Appeal in ERISA Class Action Permitting Recalculation of Benefits as Available Relief

July 1, 2021 | Littler Filed Under: ERISA

Littler

The U.S. Supreme Court declined to review the Second Circuit’s decision in Laurent v. PricewaterhouseCoopers LLP, which held that retirees could receive money damages in the form of recalculated benefits in a class action over how the company’s cash balance pension plan calculated lump-sum benefits.

Are ERISA Breach of Fiduciary Duty Claims Arbitrable?

June 3, 2021 | Littler Filed Under: ERISA

Littler

Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.1  One court recently recognized that “whether any benefits plan may agree to submit to arbitration and/or whether an individual employment agreement may compel claims

ERISA Cybersecurity Lessons for Employers

May 18, 2021 | Ogletree Deakins Filed Under: ERISA

Retirement plans are increasingly subject to cybersecurity issues, and the U.S. Department of Labor (DOL) is taking notice. On April 14, 2021, the DOL published cybersecurity guidance “for plan sponsors, plan fiduciaries, record keepers and plan participants on best practices for maintaining cybersecurity, including tips” for hiring service providers and

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