Pension & Benefits Reporter Index-Summary

BACKDATING

BANKRUPTCY

– Dana Corp. keeps pension plan, In Brief, 292
– Delinquent contributions

– – Firm owners not personally liable (8th Cir.), 476
– – Health and pension funds may not recover (D. Neb.), 50

– Delphi

– Disposable income, debtor can only deduct balance owed on 2 401(k) loans (8th Cir.), 785
– ERISA, status of plan at issue (D. Del.), 1041
– ESOPs

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Floors by Bucci president's personal bankruptcy, can discharge debts firm owes to pension fund (U.S., rev den), 1413
– Individual retiree arrangement qualifies as plan under Bankruptcy Code (N.D. Ohio), 424
– IRAs

– – Contributions wrongfully withheld, no discharge (S.D. Iowa), 994
– – Debtor's right to receive payment may be exempt (3rd Cir.), 1246
– – Rollover from ESOP, not part of bankruptcy estate (10th Cir.), 1148

– Jurisdiction lacking to review denial of show cause motion by multiemployer plan (8th Cir.), 1154
– Ohio Health funds held in 403(b) plan not subject to turnover during debtor's proceeding (Bankr. S.D. Ohio), 310
– Oneida Ltd. PBGC premiums are discharged pre-petition claims (S.D.N.Y.), 577
– Protection of benefits

See LEGISLATION, FEDERAL, HR 3652

– Severance benefits, successor to bankrupt firm, former employees may be entitled to benefits if they substantially performed employment contracts before plan amended (D. Del.), 47
– Solutia keeps pension plan, In Brief, 512
– Unfunded benefit liabilities, PBGC claim cannot be recomputed by court (Bankr. N.D. Ga.), 365
– Unpaid contributions not plan asset, bankruptcy own can discharge (Bankr. N.D.N.Y.), 1250
– Withdrawal liability, individual owners of 5 firms not liable for bankrupt company's debt (E.D. Pa.), 582

BCBS

See BLUE CROSS AND BLUE SHIELD PLANS (BCBS)

BENEFITS INTERFERENCE

– Displacement benefits owed to RIFed worker (D.N.J.), 315
– ERISA

– – Comcast did not violate ERISA when it fired worker for unexcused absences after short-term disability benefits had run out (6th Cir.), 583
– – Disability lawsuit over breast disease, subsequent firing no interference (6th Cir.), 869
– – Independent contractor classification not interference (7th Cir.), 418
– – Longer working hours not interference (N.D. Ill.), 1239
– – No-smoking policy, fired employee's claim may proceed (D. Mass.), 318
– – State Street Corp. did not violate ERISA by proposing that employee sell stock (D. Mass.), 483
– – TRW closure of Mich. facility no ERISA violation (E.D. Mich.), 89

– ESOP, firing before merger no violation (M.D. Pa.), 789
– Expense policy violations, firing not interference (E.D. Pa.), 86
– Jury trial denied for claim of termination to avoid severance pay (N.D. Ohio), 532
– Railway car maker accused of laying off workers to block pension benefits (W.D. Pa.), 203
– Raytheon modifications to retiree health benefits challenged (D. Ariz.), 134
– Shoulder surgery plans and fired worker, claim against firm may proceed (8th Cir.), 804

BLUE CROSS AND BLUE SHIELD PLANS (BCBS)

– Hospital rate negotiation not fiduciary duty (E.D. Mich.), 88
– Investigational surgery coverage denial (6th Cir.), In Brief, 145
– Reform proposal includes tax credits, health information technology, independent national research institution, 235
– Residency requirement for continuation coverage after pharmacy plan terminated, no fiduciary breach (M.D. Pa.), 486
– Residential treatment denial upheld (D. Mass.), 90
– Self-pay requests denied by HMOs, employer lacks standing to sue (E.D. Pa.), 1043

BUDGET, U.S.

– E-budget planned, In Brief, 114
– FY2009

– – House resolution markup begins, 570; House bill, see LEGISLATION, FEDERAL, HConRes 312
– – Senate resolution

See LEGISLATION, FEDERAL, SConRes 70

– Medicaid, White House to propose cuts, 298
– Medicare, White House to propose cuts, 298