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Snell & Wilmer

Ninth Circuit Weighs Employer’s Use of Non‑Vested 401(k) Funds

Snell & Wilmer on

What can employers do with non-vested employer contributions? Under the Employee Retirement Income Security Act of 1974 (“ERISA”), employers may require an employee to work for a set number of years before any company...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In a Rare Move, the DOL Backs the Employer in a Forfeiture Allocation Case—But Don’t Pop the Champagne Just Yet

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

Sometimes, in the strange world of ERISA litigation, you get a surprise. And in Hutchins v. Hewlett Packard, we got one: the Department of Labor, yes, that DOL, the one whose name alone strikes fear into the heart of many...more

Haynes Boone

DOL Approves the Use of Forfeitures to Offset Employer Contributions

Haynes Boone on

In a lawsuit currently under appeal at the U.S. Court of Appeals for the Ninth Circuit, the court has been asked to decide whether the plan administrator violated its fiduciary duties of prudence and loyalty under ERISA when...more

Mintz - Employment Viewpoints

The Ninth Circuit Weighs in on ERISA’s Plan Document and Summary Plan Description Requirements: Mull v. Motion Picture Ind. Health...

Mintz - Employment Viewpoints on

Mull v. Motion Picture Ind. Health Plan educates employers on the basics of the requirements of the Employee Retirement Income Security Act (ERISA) governing plan documents and summary plan descriptions. The lessons are...more

Goodwin

Second Circuit Revisits Remedies In Amara v. Cigna

Goodwin on

The Second Circuit court of appeals held that a court can exercise its equitable powers to reform the terms of a cash balance retirement plan to provide greater benefits than stated in response to material misstatements made...more

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