Section Newsletters

Articles on ERISA

ERISA withdrawal liability—The labor dispute exemption By Douglas A. Darch Employee Benefits, June 2010 What happens if an employer ceases making payments to its multi-employer pension plan because its employees are on strike?
ERISA update By Amy L. Blaisdell & Wendy S. Menghini Business Advice and Financial Planning, December 2009 During the economic downturn, it has become commonplace for putative class action lawsuits to be filed under the Employee Retirement Income Security Act of 1974 (“ERISA”) on the heels of federal securities cases against publicly traded companies and the directors and officers at their helm.
The Efficient Market Hypothesis and ERISA Employee Benefits, September 2009 EMH holds that the price of a stock incorporates all publicly available information about the company; it follows that plan fiduciaries are entitled to rely on that valuation and are not required to second-guess the market.
Privacy: Social Security numbers Employee Benefits, September 2009 ERISA has a little-known privacy provision in Section 106(b) which restricts the disclosure of certain information about participants.
401(k) Fiduciary Duties: Continuum of Ambiguities By Melissa Caldwell Employee Benefits, June 2009 401(k) revenue sharing and plan fiduciary duty litigation is becoming a complex area of law. With an increasing number of claims alleging breach of fiduciary duties and fee disclosure, employers and plan sponsors are looking for direction in this confusing area of ERISA law.
Enforceability of ERISA waiver provisions in antenuptial agreements By Michael DiDomenico Family Law, March 2009 It is appropriate to recognize an action in breach of contract against spouses for failure to waive their ERISA benefits as promised in a prenuptial agreement.
Section 502(a)(1)(B) claims—Proper defendants Employee Benefits, March 2009 There are numerous, contradictory decisions within the Ninth Circuit concerning the proper defendant in a suit for benefits under section 502(a)(1)(D).
ERISA and the Common Fund Doctrine: A precept By D.J. Evans Civil Practice and Procedure, October 2008   If you have dealt with a so-called ERISA lien before, you are trained to spot these liens from a mile away and already know the consequences. However, if this is your first heavyweight bout with the albatross which is referred to as the ERISA lien, you simply have no idea what you are about to encounter.
Employer’s test for tobacco use might violate ERISA By Michael R. Lied Labor and Employment Law, June 2008 A summary of Rodrigues v. The Scotts Co., LLC and EG Sys., Inc., d/b/a Scotts Lawnservice.
ERISA fiduciaries may be sued for losses to individual accounts By David Olson Corporate Law Departments, April 2008 The U.S. Supreme Court has clarified that individual participants in defined contribution plans can sue under ERISA for losses to their individual accounts, caused by an alleged fiduciary breach.
ERISA: Pleading a claim Employee Benefits, March 2008 Fed. R. Civ. P. 8 applies to ERISA claims and requires “a short and plain statement of the claim showing that the pleader is entitled to relief.”
Federal caselaw update Employee Benefits, December 2007 Recent cases of interest to employee benefits practitioners.
Books Employee Benefits, October 2007 In Mertens v. Hewitt Assocs., the Supreme Court stated the obvious: ERISA is “enormously complex.”
Examination of the recent class action lawsuits filed against large companies alleging improper fee structures concerning the management of plan participants’401(k) plans By Wes Covert Employee Benefits, October 2007 Beginning September 11, 2006, a series of lawsuits were filed against a number of large companies and their third-party administrators, charging that the plan fiduciaries breached their duties under the Employee Retirement Income Security Act of 1974, as amended, (ERISA) by subjecting plan participants to excess fees and expenses, thereby reducing the value of their investments.
Chronological summary of major post-ERISA benefit legislation Employee Benefits, March 2007 Punctilious citation form may call for the use of “as amended” when citing ERISA. What does that mean? The following summary was prepared by Hewitt Associates, LLC.
Major Post-ERISA Benefit Legislation Employee Benefits, March 2007 Major Post-ERISA Benefit Legislation.
Seventh Circuit rules that Cash Balance Plans are not age discriminatory; Second, Third, and Ninth Circuits could follow By Peter M. Varney & David R. Godofsky Employee Benefits, September 2006 Rejecting resoundingly a theory that has spawned lawsuits in federal district courts from coast to coast, the Seventh Circuit held that defined benefit plans employing a “cash balance” formula do not violate ERISA’s prohibition on age discrimination.
Federal caselaw update Employee Benefits, June 2006 In re Fruehauf Trailer Corp., 444 F.3d 203 (3d Cir. 2006). Entity formed to succeed Chapter 11 debtor as sponsor and administrator of pension plan sued to set aside prepetition plan amendment as fraudulent transfer.
Letter to the Editors regarding “How to Handle an Employer’s Group Health Plan Lien” (January, 2006, Vol. 51, No. 4) By Craig S. Mielke Civil Practice and Procedure, April 2006 I read with interest the above article. Having learned some of these lessons the hard way (I was on the losing end of Administrative Committee of Wal-Mart Stores, Inc. Associates Health and Welfare Plan v. Hummel, 777 Fed. Appx. 891 (7th Cir., 2003)), I must caution Trial Briefs readers that an extremely critical practice pointer was left out of this article.
How to handle an employer’s group health plan lien By Robert T. Park Civil Practice and Procedure, January 2006 As a result of an accident, the plaintiff was injured. He brings a suit in circuit court for negligence. His damages include medical bills that were paid for by his employer’s group health insurance plan. After pursuing discovery, including depositions, the case settles. The health plan asserts a lien for the amount it paid. How should the lawyer handle the employer’s group health plan lien?
Union decertification held not to trigger complete ERISA withdrawal liability By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2004 In Central States, Southeast and Southwest Area Pension Fund v. Schilli Corporation, Case No. 03-8880 (11/15/04), Judge John Darrah of the U.S. District Court for the Northern District of Illinois rejected Central States' assertion that an employee vote to decertify a union created a complete ERISA withdrawal liability for their employer.
U.S. Supreme Court finds change in early retirement entitlement under pension plan violated ERISA’s “Anti-Cutback” rule By Andrew B. Cripe Young Lawyers Division, August 2004 In Central Laborers' Pension Fund v. Heinz, the U.S. Supreme Court found that a multi-employer pension fund violated the Employee Retirement Income Security Act of 1974 (ERISA) by changing the rules for when employees would be eligible for early retirement benefits.
Health Savings Accounts: Are they ERISA-covered plans? By Raelene LaPlante Employee Benefits, June 2004 New federal legislation offers potential benefits to both individuals and employers in the form of health savings accounts ("HSAs").
Great-West Life v. Knudson: A prescription for subrogation recovery under ERISA §502(a)(3)? By Rod Driscoll Employee Benefits, December 2003 On January 8, 2002, the United States Supreme Court issued its decision in Great-West Life & Annuity Insurance Co. v. Knudson,1 in which the Court addressed whether a reimbursement provision contained as part of an ERISA-governed health plan was enforceable by the insurer against a plan beneficiary.
Seventh Circuit narrows application of Illinois common fund doctrine in ERISA subrogation claims By Frank A. Perrecone Tort Law, October 2003 No situation in recent memory has perplexed plaintiff personal injury lawyers more than ERISA subrogation claims
Prenuptial agreements / retirement waivers/ERISA By Barbara E. Hardin Family Law, August 2002 Prenuptial agreements that include waivers of retirement benefits can create serious issues, including potential malpractice claims for those uninformed of the Employee Retirement Income Security Act (ERISA) and Retirement Equity Act (REA ), 29 U.S.C. Section 1055.
ERISA “safe harbor” language may provide protection By Michael R. Lied Labor and Employment Law, June 2000 In late February, the Seventh Circuit issued an important decision relating to employee benefit plans.
The fate of summary judgment and discovery in ERISA benefit-claim litigation: Wilkins v. Baptist Healthcare Systems, Inc., 150 F.3d 609 (6th Cir. 1998) By Mark A. Casciari & Ian H. Morrison Employee Benefits, September 1999 Departing from years of accepted practice, the United States Court of Appeals for the Sixth Circuit in Wilkins v. Baptist Healthcare Systems, Inc., 150 F.3d 609 (6th Cir. 1998), rejected summary judgment as a procedural device for adjudicating ERISA § 502(a)(1)(B) claims for benefits.

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