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Plan Administrators Fiduciary Duty Employee Benefits

Williams Mullen

[Hybrid Event] 2024 Benefits Forum: Celebrating 50 Years of ERISA - September 12th, Richmond, VA

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Join us as we commemorate ERISA’s 50th anniversary and review the past, present and future of this pivotal legislation. This hybrid event offers two options for attendance: in-person or webinar. Both options will have an...more

Robinson Bradshaw

Fiduciary Fundamentals: The Basics

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The Employee Retirement Income Security Act of 1974 (ERISA) is a body of federal laws and regulations that govern the provision and operation of certain employer-sponsored benefit plans. While its structure and requirements...more

Verrill

Establish an Administrative Committee for Your ERISA Health and Welfare Benefit Plans

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The fiduciary standards of ERISA apply to all employee benefit plans that are subject to Title I of ERISA. The duty of loyalty, the duty of prudence, and the duty to administer a plan in accordance with its written terms...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor - October 2020: Second Circuit Allows Breach of Fiduciary Duty Claim to Proceed Based on Misrepresentation...

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In Sullivan-Mestecky v. Verizon Communs. Inc., 961 F.3d 91 (2d Cir. 2020), the Second Circuit held that a claim under Section 502(a)(3) of ERISA could proceed, where the beneficiary pled that the plan and its agents...more

Akerman LLP

United States Department of Labor Expands Electronic Delivery Rules for Retirement Plans

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The United States Department of Labor (DOL) finalized a new safe harbor rule for the use of electronic media to furnish information to participants and beneficiaries of employee retirement plans subject to the Employee...more

Best Best & Krieger LLP

Using a Plan Administration Expense Account as Part of An Agency’s 457(b) or 401(a) Plan

Not surprisingly, many cities and special districts no longer have monies available in their budgets to spend on things such as legal fees to analyze and correct plan administration problems and compliance issues. When it is...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Vantage Benefits Owners Plead Guilty

I knew Jeff Richie from Vantage Benefits, spoke to him a couple of times ago, and wrote an article for his company regarding fiduciary services. Like with Matt Hutcheson, Jeff Richie was embezzling the money clients entrusted...more

Rivkin Radler LLP

Employee Benefit Plan Review – From the Courts

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The U.S. Supreme Court, in a unanimous decision, has ruled that a plaintiff in a lawsuit alleging a fiduciary breach under the Employee Retirement Income Security Act of 1974 (“ERISA”) did not have “actual knowledge” of the...more

Perkins Coie

COVID-19: Employee Health Plan Administration Considerations

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As federal and state governments respond to COVID-19, employers and plan fiduciaries must also address the evolving issues arising under employer-sponsored health plans. The specific considerations covered in this update are...more

Seyfarth Shaw LLP

Beware of the “Overshare”: Construe Requests for ERISA Plan Documents Narrowly!

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Seyfarth Synopsis: Administrators of ERISA plans frequently receive requests from participants, beneficiaries, and their representatives for plan-related documents. A recent decision from the Court of Appeals for the Fifth...more

Carlton Fields

Court Sheds Light on ERISA’s Fiduciary Exception to Attorney-Client Privilege

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A federal district court in Ohio recently attempted to shed some light on when internal communications between an ERISA plan administrator and its in-house counsel are discoverable and when they are protected by the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Contractor pleads guilty to TPA skimming operation

I always say that you have better chances not getting caught by robbing a bank than you do by stealing money as a plan fiduciary. Yet, people still do it and come up with some amazing ways to get away with it. This new story...more

Seyfarth Shaw LLP

When An Innocent ERISA Administrator Mistake Can Lead To Money Damages

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Synopsis: A recent decision of the federal district court for the Southern District of New York warns ERISA fiduciaries that even innocent mistakes that do not misuse plan assets or unjustly enrich the fiduciaries can cause...more

BakerHostetler

Ohio Federal Court Rejects Attempt to Certify Class Against Third-Party Plan Administrator Under ERISA § 502(a)(3)

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Employee Retirement Income Security Act (ERISA) claims can potentially involve significant amounts in controversy, and in an effort to broaden the pool of potential defendants, ERISA plaintiffs are often fond of arguing that...more

Fisher Phillips

Lessons For Employers From Recent Fiduciary Litigation

Fisher Phillips on

There has been a surge of court decisions over the last year addressing fiduciary liability for welfare benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA). These lawsuits should prompt you to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Duke University settles their 403(b) lawsuit

Over the last 35 years, Duke University has had a championship basketball team on the court. In another court, Duke didn’t do too well....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - December 2018

New Year's Resolutions For 401(k) Plan Sponsors. Get off on the right foot for 2019. A New Year's resolution is a tradition in which a person resolves to change and undesired trait or behavior to either improve their...more

Robinson & Cole LLP

Connecticut Focuses on Fiduciary Standards for Municipal Plans

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Connecticut has been focused on the fiduciary standards of financial planners and retirement plan administrators in the wake of the now-defunct Department of Labor "fiduciary rule." With the goals of creating both...more

Proskauer Rose LLP

ERISA Newsletter - Second Quarter 2018

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As we head into the thick of summer, all eyes are on President Trump's nomination to the U.S. Supreme Court to replace retiring Justice Anthony Kennedy and the impact the new Justice will have on shaping the law for...more

King & Spalding

Fifth Circuit Reverses District Court’s Ruling that Required Hospital to Plead Specific Plan Language to State a Claim For ERISA...

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On June 12, 2018, the United States Court of Appeals for the Fifth Circuit issued a ruling in Innova Hospital San Antonio, L.P. v. Blue Cross and Blue Shield of Georgia, Inc., et al. that clarified the scope of what a...more

Stinson - Benefits Notes Blog

Too Much of a Good Thing? Environmental, Social and Governance Investment Considerations for Plan Fiduciaries FAB 2018-01 Part 1

On April 23, 2018, the DOL released Field Assistance Bulletin (FAB) 2018-01 relating to (1) plan investment in “economically targeted investments (“ETIs”), (2) the exercise of shareholder rights and (3) investment policy...more

Seyfarth Shaw LLP

Vindication! Fifth Circuit Reverses Notorious District Court Health Care Fraud Decision

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Seyfarth Synopsis: In a major victory for ERISA plans and other payors, the Fifth Circuit recently overturned a district court’s notorious decision in favor of a healthcare provider and reinstated a plan administrator’s...more

Jackson Walker

Case Note: Court Rules In Favor Of Fidelity And Holds That Float Income Is Not A Plan Asset

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The First Circuit Court of Appeals has ruled that float income is not a plan asset and therefore is not subject to fiduciary and prohibited transaction provisions of ERISA. The decision was written by former Justice Souter...more

Laner Muchin, Ltd.

Department Of Labor Audits Are Focusing On Plan Procedures For Locating Missing Vested Participants

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The U.S. Department of Labor (DOL) has increased its examinations of the procedures of defined benefit and defined contribution retirement plans for locating and paying out benefits to terminated vested participants whom the...more

Gray Reed

Employee Benefits – Do Employers Owe a 401(k) Fiduciary Duty?

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Back in July, we discussed how Jed Clampett of Mama’s Fried Pies caused his VP of marketing Elly May to suffer exorbitant taxes due to a deferred bonus that he offered.  This month, Jed finds himself again in the grease with...more

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