Lawyers USA Your Business Partner

ERISA 

By: Correy Stephenson
Published: June 28, 2010

Tags: cash balance pension plan, ERISA, retirement benefits

Does a U.S. District Court have the authority to require employees’ prior benefit provisions to be reinstated after finding that the employer violated the advance notice of reduction requirement of ERISA? Does the court have the authority to require at least “comparable” future benefits to be provided based on a finding that participants were promised “comparable” or “larger” future retirement benefits?

Justices to hear ERISA case 

By: Correy Stephenson
Published: June 28, 2010

Tags: cash balance pension plan, ERISA, retirement benefits

Does a U.S. District Court have the authority to require employees’ prior benefit provisions to be reinstated after finding that the employer violated the advance notice of reduction requirement of ERISA? And does the court have the authority to require at least “comparable” future benefits to be provided based on a finding that participants were promised “comparable” or “larger” future retirement benefits?

The U.S. Supreme Court has agreed to answer these questions.

Cash balance plan doesn’t violate ERISA 

By: Pat Murphy
Published: October 21, 2009

Tags: cash balance pension plan, ERISA

A cash balance pension plan did not violate ERISA’s minimum benefit accrual rules by employing a “fractional” test method of computing accrued benefits, the 2nd Circuit has ruled in reversing judgment.