Pension & Benefits Reporter Index-Summary

ACCIDENT BENEFITS

– Antifreeze ingestion death, benefits for self-inflicted injury improperly denied (D.S.C.), 194
– Blot clots from long plane trip, death not accidental (E.D. Mo.), 868
– Current value method proffered as alternative to fair value and amortized cost-plus-impairment approaches, 1115
– Definition of “accidental” (E.D. Mo.), In Brief, 802
– Equitable relief denied to widower for alleged fiduciary breach (S.D. Tex.), 2125
– ERISA does not govern policy not endorsed by employer (E.D. Ky.), 801
– Heart attack as cause of auto accident, benefits denied (N.D. Iowa), 96
– Intoxication

– – Ford failure to disclose alcohol-related death exclusion, benefits denied to widow (E.D. Mich.), 317
– – Twice legal limit, benefits denied to widow (E.D. Mich.), 2021
– – Unlicensed driver in stolen vehicle, benefit denial upheld (6th Cir.), 657

– Private plane crash (5th Cir.), In Brief, 1579
– Slayer rule, new administrator's breach of contract claim rejected (E.D. Va.), 371
– Suicide by drug overdose, benefits denied (W.D. Mo.), 2209
– Unused time off, paycheck after resignation no basis for employee status (M.D.N.C.), 2125

ACCOUNTABLE CARE ORGANIZATIONS (ACOs)

See MEDICARE

ACCOUNTING

– Alternative investment valuation, AICPA drafts guidance, 115
– Asset ceiling interpretation, IASB seeks fix, 224
– Bankruptcy, GASB seeks comments, 1545
– Clearly communicating decision-useful information, IASB working group discusses, 294
– Crisis resource center, In Brief, 295
– Defined benefit asset, minimum funding requirements, comments sought by IASB, 1270; correction finalized, 2425
– Disaggregation of pension costs, tentative agreement at IASB, 398; sets out proposal, 680; will examine discount rate, 1270
– Discount rates

– – Fix of discount rate, amendment dropped by IASB, 2426
– – Selection, reconsideration by FASB sought, 752

– Eliminating deferred recognition of pension plan remeasurements, IASB considers, 165
– Employee benefits standard revisions delayed by IASB, 2179
– Europe, IASB delegates discuss prospect of substantial upheaval in pensions, 1063
– Fair value

– – Alternative investments, FASB plans guidance, 1117; progress toward issuing guidance, 1852
– – Bankers says FASB definition misleads users of financial statements, 1208
– – Improvement urged by SEC, 54; considers new proxy disclosure rules, 1544
– – Measurements and disclosure, FASB plans guidance, 397; issues draft guidance, 674; FASB chairman defends process, 1062; improvement urged, 1264
– – Obama administration seeks clarification from FASB, 1487
– – SPARK reports, 1897

– Financial instrument accounting, FASB to consider scope of proposal, 1899
– Government bond rate, IASB approves easing requirement for corporate bonds, 1747
– Grant Thornton, oversight board finds deficiencies, 1683
– Independence of auditors, CPA group proposes tighter rules, 2086
– International financial reporting standard

– – Adoption for stock-based compensation would require system changes, 343
– – Roadmap, SEC considering mandate, 341

– Limited-scope amendment accounting standard, In Brief, 1950
– Other comprehensive income, FASB considers single statement, 1747
– Prefunding retiree benefits, issue brief published, 2296
– Project Scope, In Brief, 1949
– Reexamining reporting standards, GASB seeks comments, 889; actuaries want more details, 1900
– Scrutiny of method changes, SEC plans, 1350
– Stock options, international panel researching guidance, 1687
– Tax loopholes targeted by White House, 1196
– Transparency by employers, FASB pushes, 55
– Underfunded liabilities of multiemployer plans, FASB panel seeks action, 1411

ACOs (ACCOUNTABLE CARE ORGANIZATIONS)

See MEDICARE

ACTUARIES

– Annual reporting, PBGC releases proposed rule, 609; e-file application available, 689
– Certification, enrolled actuary does not have duty to go against administrator's timing direction, 2037
– Combining pensions professionals groups suggested, 2269
– Consulting firms accused of actuarial negligence, claims time-barred (6th Cir.), 432
– Eligibility and standards for enrolled actuaries, update proposed, 2178
– IRS panel to meet, In Brief, 1418

ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

AGE DISCRIMINATION

– ADEA claims

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Cash balance plans

See CASH BALANCE PLANS

– EU, bias ban allows mandatory retirement for legitimate social policy (E.C.J.), 662
– Jurisdiction, suit untimely removed (E.D.N.Y.), 260
– Severance benefits, EEOC issues claim waivers guidance, 1678

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Baltimore County, higher contributions from older new hires no violation (D. Md.), 249
– Cash balance plans

See CASH BALANCE PLANS

– Ft. Lauderdale police early retirement plan no ADEA violation (S.D. Fla.), 14
– Niagara Mohawk requiring Medicare-eligible retirees to pay higher premium no violation (N.D.N.Y.), 1038
– Northwest Airlines “target date” pension plan no age bias violation (D. Minn.), 247

AGING ISSUES

– Economic downturn, older workers seek jobs, 467
– Health issues raised, 1601
– Longer working lives, employers not prepared, 1539
– Uninsured persons, coverage reported for those over 65, 556

AICPA (AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS)

See ACCOUNTING

AIR TRANSPORTATION

– Air Canada

– – Auto workers ratify pact, 1549
– – Machinists ratify pact, 1685
– – Moratorium on contributions cleared, 1809

– AirTran pact ratified by Teamsters, 2427
– Aloha Airlines pension plan settlement announced by Labor Dep't, 1464
– American Airlines

– – Anti-cutback rule, pilot sues airline (M.D. Tenn.), 1773
– – Flight attendant, union not fiduciary liable for premium lapse (E.D. Cal.), 1097

– Bankruptcy, Air Line Pilots Ass'n, In Brief, 2023
– Continental accuses pilots of using fake divorces to get benefits (S.D. Tex.), 1306; dismissed, 2441
– Corporate aircraft

See TRANSPORTATION EXPENSES

– Delta

– – Amendment cutting benefits alleged (N.D. Ga.), 1611
– – Voluntary buyout accepted, 396

– Flight attendants

See LEGISLATION, FEDERAL, S 1422

– Frontier pilots pact, In Brief, 66
– JAL urged to cut pensions, 2279; government panel supports cuts, 2383
– Mandatory retirement age for pilots, FAA raises to 65, 1684
– Northwest Airlines

– – Age discrimination, pilots challenge pension plan (D. Minn.), 1968
– – Fair representation, pilots claim against union may proceed (D. Minn.), 1150
– – Natl. Railway Act no bar to pilot's suit over interference with disability retirement benefits (D. Minn.), 581
– – “Target date” pension plan no age bias violation (D. Minn.), 247
– – Underfunding, fiduciary breach claim by plan participants rejected (S.D.N.Y.), 12

– U.S. Airways pilots seek to block PBGC recoupment of overpaid benefits, injunction denied (D.C. Cir.), 1711; removal of PBGC as trustee sought, 2063

ALIENS

– H-1B visa holders, Sanders (I-Vt) offers amendment to block hiring by TARP recipients, 277

AMERICAN BAR ASSOCIATION (ABA)

– Tax chair, In Brief, 1854

AMERICANS WITH DISABILITIES ACT (ADA)

– County health risk assessment, In Brief, 1147
– GM, challenge to benefit reduction, no standing (U.S., rev den), 1613
– Jurisdiction lacking to consider bias claim pending before Mass. agency (1st Cir.), 1657
– Police officer mandatory retirement law no violation (1st Cir.), 1663
– Risk assessment may violate ADA, EEOC opinion, 2343

ANALYSIS & PERSPECTIVE

– Alternative minimum tax reduction options, 265
– Bankruptcy and termination of plans, 1163
– COBRA and employer responsibility, 1045
– Contingent employees, top 10 concerns listed by IRS, 1931
– Defined benefits plans, failure to pay lump sums as basis for litigation, 808
– ERISA and fiduciaries

– – Investment losses, 516
– – Rule 23(b)(1), 2024

– Executive compensation

– – Disclosure, proposed SEC amendments, 1836

– Foreign partnership interests and ERISA fiduciaries, 1875
– §401(k) plans

– – Deare ruling and plan fees, 589
– – Recession causes firms to pull back matches, 1100

– Furloughs due to economy may affect benefits, 1392
– Health care reform

– – Business opposition to health reform may lack unity, 1580
– – Optimism and obstacles, 146
– – Tax exclusion for health benefits, employers reluctant to lose, 196; Baucus (D-Mont) opposes repeal, 1216; business group opposes repeal, 1217

– Health care reform and budget reconciliation, 2211
– Individual insurance mandate, 2313
– Patents on employee benefit strategies, 1520
– PBGC investment policy, 100
– Performance risk and executive compensation, 2132
– Retiree health insurance funding challenge, 1320
– State income tax withholding and nonresidents stock options, 803
– Stock options. “covered writing,”, 1666

ANNUITIES

– Auto annuitization, Treasury rules considered, 2085
– CRS updates report, In Brief, 296
– Federal employees

See LEGISLATION, FEDERAL, S 1390

– Federal employees survivor annuity limits, OPM urged to publicize, 340
– §401(k) plan option, Labor Dep't to request information, 2170
– §403(b) plans

– – Assets, Labor Dep't guidance sought, 1202
– – Revised guidance offered by IRS, 1539
– – Teachers allege NEA improperly paid undisclosed commission for annuity insurers (9th Cir.), 2114

– §417(a)(7), In Brief, 2428
– Letter carriers trust fund must provide benefits to surviving spouse (D.D.C.), 577
– Overpayments, former worker erroneously placed in FERS may keep (Fed. Cir.), 514
– Publications updated by IRS, 1744
– Qualified joint and survivor annuity denied to widow whose husband elected straight life annuity (W.D.N.Y.), 788
– Readiness of §401(k) sponsors at issue, 1128
– Request for information, Labor Dep't to issue, 2085
– Streamlined compliance guidelines urged, 463
– Thrift savings plan calculations

See LEGISLATION, FEDERAL, HR 1198, HR 1263, HR 1804

– Valuation of partial interests, IRS proposes rules, 1113

ARBITRATION

– Continental Tire plant closing, must arbitrate denial of benefits (4th Cir.), 1448
– DuPont

– – Amendments, firm must arbitrate with union (U.S., rev den), 259
– – Collectively bargained benefit plans, changes require arbitration (2nd Cir.), 1090
– – Cuts to benefit plans, firm must arbitrate (3rd Cir.), 1658

– ERISA violated by agreement, arbitration still required (8th Cir.), 313; (U.S., rev den), 2353
– Limits on mandatory arbitration

See LEGISLATION, FEDERAL, S 931

– Penske Logistics must arbitrate withdrawal liability, with pension fund (E.D. Pa.), 1317
– Recalculation of benefits order, court may enforce (N.D.N.Y.), 1240
– Transit workers, benefit funds not required to arbitrate with firms over contributions (E.D.N.Y.), 659
– Welding firm not required to arbitrate with fund over withdrawal liability (N.D. Cal.), 1244
– WRERA zone status freeze denied by arbitrator, 1765

ARGENTINA

– IRA reforms reviewed, 1640

ARMED SERVICES

– FMLA, OPM proposes rule for families of service members, 2002
– Retirement pay, In Brief, 1132

ATTORNEYS

– Auditor letters, attorneys warned to avoid privilege violations, 1308
– Chicago law firm not fiduciary of D.C. firm (D.D.C.), 1716
– ESOP attorney accused of fiduciary breach for failing to properly value executive compensation (E.D. Cal.), 1570
– Fees

See ATTORNEYS' FEES

– Lockheed Martin bid to disqualify attorneys in challenge to plan fees denied (S.D. Ill.), 1780
– N.Y. Atty. Gen. says lawyer held improper employment arrangements with 6 districts, 1548
– Prevailing wages, attorney who sought to avoid paying pleads guilty to mail fraud, money laundering, obstruction (E.D.N.Y.), 873
– Prohibited transactions alleged, defendant denied defense costs (N.D. Ill.), 1450
– Prototype plans, Pa. firm accused of ERISA violation (E.D. Pa.), 2067

ATTORNEYS' FEES

– AK Steel whipsaw calculation not used, fees awarded (S.D. Ohio), 2067
– Disability benefits

– – Administrator liable after benefits wrongly terminated (2nd Cir.), 186
– – Voluntary stay to allow re-review of claim denial, fees denied (11th Cir.), 855

– ERISA

– – Anti-alienation clause violated by attorneys' fees awarded from undistributed vested benefits (2nd Cir.), 496
– – Honeywell sued over retire health benefits, fee award vacated (2nd Cir.), 1509
– – Prevailing party status not required (E.D. Tenn.), 580
– – Proportionality to damage award not required (7th Cir.), 1967

– ESOP fiduciary's attempt to arbitrate legal fees blocked (E.D. Cal.), 2400
– Kodak retirement plan, law firm that sued not sanctioned (W.D.N.Y.), 2447

AUDITS

– Random audits expected from IRS, 2417

AUTOMOBILE INDUSTRY

– Bailout by government debated at conference, 538
– Chrysler

– – Bankruptcy

– – – Ch. 11 filed (Bankr. S.D.N.Y.), 1085; challenge by pension funds rejected (S.D.N.Y.), 1302; stay lifted (U.S.), 1436
– – – Fiat partnership planned, 1085; sale blocked (2nd Cir.), 1379; sale authorized, 1865
– – – Union ratifies concessions, 1057

– – Buyouts announced, 290; expanded buyouts announced, 1261
– – Canadian workers ratify restructuring of agreement, 1072
– – Daimler reaches agreement with PBGC on Chrysler pensions, 1061
– – Defined pension plans, In Brief, 1418
– – Exec pay issue block financial bid, 1004
– – Restructuring plan analyzed, 412; White House sets conditions, 832; VEBA at issue, 1003; will get more funds, 1004; Labor Dep't proposes exemption for VEBA, 2268

– Deere pact ratified, In Brief, 2334
– Delphi

– – Defined benefit plans, firm to end, 1345
– – Retiree health insurance, cuts planned (S.D.N.Y.), 319

– Ford

– – Change in ownership, former worker says firm broke rehire promise (E.D. Mich.), 2446
– – Failure to disclose alcohol-related death exclusion, benefits denied to widow (E.D. Mich.), 317
– – “Plan documents” rule, beneficiary designation upheld (E.D. Mich.), 1098
– – Savings predicted due to UAW contract modifications, 616
– – VEBA funding pact reached with union, 487; retiree health benefits, agreement reached on funding stock contributions to VEBA, 1758
– – Visteon ex-workers benefits interference claim dismissed (E.D. Mich.), 1089

– GM

– – ADA, challenge to benefit reduction, no standing (U.S., rev den), 1613
– – Bankruptcy seen as likely, 1123; Ch. 11 filing, 1346; Defined benefit plan unaffected, PBGC says, 1347; expects to emerge in 60-90 days, 1377; Union files petition, 1378
– – Buyouts announced, 290; 7,500 accept, 754
– – Canadian Auto Workers agree to cuts, 622; unable to accept concessions, 1209; amended pact ratified, 1262
– – Consumer-driven health plans expected for white collar workers, 2439
– – Employer stock, State Street sells off GM stock, 1067; workers claim fiduciary breach (E.D. Mich.), 1440
– – Fiduciary duty

– – – Health plan trustee breach alleged (E.D. Mich.), 863
– – – Investment in single equity funds, no breach (2nd Cir.), 1150

– – Independent VEBA planned for retirees, 1347
– – Negotiation of benefits, retirees want panel appointed (S.D.N.Y.), 1441
– – Restructuring plan analyzed, 412; White House sets conditions, 832; VEBA at issue, 1003; will get more funds, 1004
– – Retiree health benefits, deal reached with union, 2045
– – Severance benefits, service credits reduced, claim preempted (W.D. Okla.), 917
– – Treasury loan, GM in talks with union over “no strike” rules, 53; no longer needs $2B, 617

– Honda offers voluntary separation incentive packages, 1071
– Job bank ends, In Brief, 230
– Mack Trucks tentative pack reached with union, 1269; ratified, 1269
– Trends, unfunded liabilities reported for pension plans, 615
– Volvo

– – Approval of changes sought (M.D.N.C.), 91
– – Injunction denied to retirees seeking to block changes (W.D. Va.), 784