The U.S. Court of Appeals for the Seventh Circuit has ruled, in Carlson v. Northrop Grumman Severance Plan, that an employer can use its discretion to individually select which terminated employees will receive severance benefits if it reserves the right to do so in...
Sophisticated Legal Solutions Boutique-Style Service
ERISA & Employee Benefits
The DOL Accepts a FAQ-Out and Rolls Over . . . for Now – Appeal of ASA v. DOL Is Abandoned
By Andrew Oringer It was reported yesterday, on May 15, 2023, that the U.S. Department of Labor (the “DOL”) has abandoned its appeal in American Securities Association [“ASA”] v. U.S. Department of Labor, No. 8:22-cv-00330 (M.D. Fla. Feb. 13, 2023). ASA (along with...
Claims Appeals Procedures Must be in Formal Plan Documents
In Yates v. Symetra Life Insurance, the U.S. Court of Appeals for the Eighth Circuit has ruled that a life insurance beneficiary need not exhaust a plan’s claims appeals procedures when the plan documents do not specify these procedures. Law. ERISA authorizes a plan...
What Regulations and the Law Say About Retirement Income
What Regulations and the Law Say About Retirement Income - Marcia Wagner, 2023 PLANSPONSOR National Conference, Orlando, FL, June 21 - 23, 2023 - Click here for details
Richter-Gordon, Chamberlain Launch Firm to Vet Lifetime Income Options in 401(k)s
Richter-Gordon, Chamberlain Launch Firm to Vet Lifetime Income Options in 401(k)s - The Wagner Law Group, 401(k) Specialist, May 9, 2023 (PDF)
Aon, Astellas Pay to Settle CIT Conflict of Interest Litigation
Aon, Astellas Pay to Settle CIT Conflict of Interest Litigation - Andrew Oringer, PLANSPONSOR, May 9, 2023 (PDF)
IRS Chief Counsel Discusses Cafeteria Plan Substantiation Rules
The IRS Office of Chief Counsel has issued Memorandum Number 202317020 (the “Memorandum”) to explain the substantiation rules for claims made under health and dependent care FSAs by means of six commonly encountered factual situations, in five of which it concludes...
Court Ruling Vacating DOL Rollover Guidance isn’t End of Fiduciary Saga
Court Ruling Vacating DOL Rollover Guidance isn't End of Fiduciary Saga - Andrew Oringer, Pensions & Investments, May 1, 2023 (PDF)
3 May Argument Sessions Benefits Attorneys Should Watch
3 May Argument Sessions Benefits Attorneys Should Watch - Andrew Oringer, Law360, April 28, 2023 (PDF)
ERISA Lawsuit Against NJ Transit Authority Dismissed
ERISA Lawsuit Against NJ Transit Authority Dismissed - WLG Law Alert, PLANSPONSOR, April 28, 2023 (PDF)