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Tag Archives: retirement benefits

ERISA plaintiff need not exhaust remedies

An ERISA plaintiff was not required to exhaust her administrative remedies in order to pursue a lawsuit for the alleged wrongful reduction of her future early retirement benefits, the 2nd Circuit has ruled in reversing a dismissal.

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Military retiree must compensate ex-wife

A military retiree was required to make his ex-wife whole to the extent his decision to receive a tax benefit for disabled veterans effectively eliminated her share of his retirement benefits, the Arizona Court of Appeals has ruled in reversing ...

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ERISA

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?

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Justices to hear ERISA case

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.

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