Tag: ERISA
DOL Publishes Fiduciary Rule Hearing Schedule
The Department of Labor has released its agenda for next week’s public hearings to discuss the department’s proposed fiduciary rule changes.
11th Circuit Reaffirms Delta Air Lines Stock Drop Victory
Circuit court sees no need to change a previous ruling in a stock drop case, reconsidered in light of the Supreme Court’s recent Fifth Third Bancorp v. Dudenhoeffer...
Terminated Participants Require Fiduciary Care
ERISA dictates a list of best-interest requirements when managing terminated plan participants.
SEC Faces Its Own Debate on Fiduciary Advice Standards
Transcripts from a tough SEC hearing called earlier this month show it's not just the Department of Labor considering changes to the application of the fiduciary standard.
No Individual Harm Means No Claim Against Pension Plan
A federal appellate court says a defined benefit plan beneficiary has no standing to sue the plan if he cannot prove individual harm.
ERISA Plans Not Safe from Government-Owed Restitution
A federal court has found a retirement plan participant’s plan balance can be garnished for money owed to the U.S. government.
Indemnification Clauses and Provider Contracts
These clauses can cover costs when being sued—but they don’t eliminate fiduciary responsibilities.
Appellate Court Weighs In on Posthumous QDRO
Appeals court rules on the validity of certain posthumous qualified domestic relations orders, and whether divorce settlement agreements qualify as or supersede QDROs.
FSI Tool Connects Advisers to Congress
The Financial Services Institute wants to help advisers contact the legislators most likely to respond to their appeals.
DOL Reiterates Its Stance on ‘Top Hat’ Plans
The Department of Labor has filed an amicus brief weighing in on a court case regarding a plan’s ‘top hat’ status.
SCOTUS Won't Hear Reverse Stock Drop Case
The reverse stock drop case Tatum v. RJR Pension Committee has been turned down by the Supreme Court.
Liability Protection for Plan Sponsors
There are a number of steps advisers should take to ensure that their plan sponsors are protected from substantial personal liability.
Fiduciary Rule Grilled on Capitol Hill
Labor Secretary Perez was just about the only witness called to a recent Congressional hearing to actually defend the DOL’s fiduciary redefinition effort.
World’s Largest Coal Company Faces ERISA Suit
A former employee of Peabody Energy is suing the coal producer over company stock investments in its DC plans.
Financial Planning Coalition Applauds Fiduciary Rule
Calls update to a 40-year-old rule “long overdue.”
House Committee Moves to Defund Fiduciary Rule Effort
In a section called “Reducing Harmful Red Tape,” the committee proposes a “provision prohibiting regulatory changes to the definition of the term ‘Fiduciary.’”
DOL Announces Hearing About Fiduciary Rule
The announcement also includes the official notice of an extended comment period.
Court Orders Trial to Determine Plan's Top Hat Status
Unresolved issues remain around the selectivity requirement for top hat plans.