Tag: ERISA

Among other elements, Title IV of ERISA is used to determine liability for PBGC termination premiums.

The Supreme Court will weigh in on the question of whether an adequately funded pension that is not in immediate danger of insolvency could have wronged participants and...

As the complaint points out, the Society of Actuaries has published some five updates to its mortality assumptions since the mortality table used by defendants was published way...

The affirmation once again shows how influential has been the Supreme Court’s 2014 decision known as Fifth Third v. Dudenhoeffer. It also presents an interpretation of how Fifth...

The ERISA fiduciary duty requires fiduciaries to act with prudence, not prescience, a court said.

Crucial to the case is the fact that the pension plan is not facing insolvency, raising the question of whether retirees can prove concrete harms occurred which are...

In addition to a multi-million dollar monetary settlement, MFS has agreed to certain plan design changes moving forward.

The Employee Retirement Income Security Act (ERISA) does not actually define "actual knowledge" required by participants who file fiduciary breach cases, and U.S. Circuit Courts are split on...

Experts say the new SEC rules could allow brokers to encroach into the traditional territory of advisers without having to meet the same fiduciary standard of care.

IBM asks the court to hear the case after an appeals court reverses the company’s district court win.

The appellate court found that the facts alleged are insufficient to support a plausible inference of breach of fiduciary duty, and the Supreme Court seemingly agrees.

Schlichter says many participants in retirement plans pay lower fees for investments and recordkeeping as a result of ERISA litigation; others ask whether plan sponsors’ fear of lawsuits...

In recent months, writs of certiorari have been filed with the Supreme Court in four cases involving tax qualified defined contribution plans.

The text of the decision highlights that Federal Rule of Civil Procedure 15 provides that a court may permit a party to amend its pleadings “when justice so...

During an exchange on Capitol Hill on Wednesday, the Democratic representative from Ohio pressed DOL Secretary Alexander Acosta for details on how the regulator is addressing advisory industry...

Plan fiduciaries have agreed to prohibit service providers from using data generated in serving the plan to market or sell unrelated products to Vanderbilt 403(b) plan participants.