Pension & Benefits Reporter Index-Summary

CAFETERIA PLANS

– CRS reports, 1815
– Long-term care

See LEGISLATION, FEDERAL, S 702

– Puerto Rico

See LEGISLATION, FEDERAL, HR 1025

CALCULATION OF BENEFITS

– Bonuses properly excluded (W.D. Ky.), 1614
– DuPont workers sue over calculation (E.D. Va.), 1831
– Executive compensation, interest rate used to calculate retirement benefits, firm estopped from lowering (N.D. Ga.), 143
– Fleet Reserve plan cannot alter formula (4th Cir.), 1772
– Jurisdiction, court may enforce arbitration order (N.D.N.Y.), 1240
– Konica worker denied credit for pre-plan service (D.N.J.), 1461
– Motion Control, use of 2002 multiplier upheld (3rd Cir.), 1451
– Surviving spouse, use of 1976 salary to calculate benefits upheld (6th Cir.), 1449

CALIFORNIA

– CalPERS

See State and local government plans, this heading

– Conformity bill, In Brief, 2093
– Fake union, agency shuts down health coverage scheme, 1654
– Health care reform

– – Cal-COBRA subsidy approved, 1232
– – Experience of Cal. called corollary for federal efforts, 965
– – S.F., employer insurance contribution mandate

– – – ERISA does not preempt, en banc review sought (9th Cir.), 94; rehearing denied, 640; restaurants seek stay (U.S., rev sought), 706; response filed, 783; stay den, 851; discussed at conference, 1136; (U.S., rev sought), 1438; employer groups urge review, 1714; brief filed, 2009; Solicitor Gen. brief filed, 2349
– – – Play-or-pay, employers adjusting, 1213

– Health insurance

– – Claims denials, Atty. Gen. probes, 2100
– – Mandates passed, veto likely, 2198

– Living wage, L.A. raises health coverage portion, 2108
– State and local government plans

– – Asset allocation, top-to-bottom review planned by CalPERS, 400
– – Budget lacks proposal on administering coverage, 495
– – Credit rating firms sued by CalPERS (Cal. Super. Ct.), 1728
– – Cuts proposed by governor, 1374
– – Falsified foreign currency exchange prices, State Street Bank defrauded pension funds, 2452
– – Furloughs called threat to CalPERS, 2022
– – Hedge funds, CalPERS plans to restructure existing relationships, 833
– – Imperial County sues JP Morgan over risky investments (S.D.N.Y.), 857
– – Los Angeles

– – – Early retirement incentive program, contract extension delayed, 1997
– – – School district reaches pact with union, 561

– – Orange County seeks to void retroactive retirement benefits for deputy sheriffs, suit dismissed (Cal. Super. Ct.), 513
– – Placement agents, fees under review at CalPERS, 2380
– – Premium hikes estimated for 2010 for CalPERS, 1504
– – Reduced payments adopted by CalPERS, 1487
– – Risk sharing pilot program planned, 1083
– – San Diego, deferred retirement option program reductions no constitutional violations (9th Cir.), 1443
– – Soliciting bids for lower cost health plans, governor proposes, 78
– – Unfunded retiree health and dental liabilities up, 494

CANADA

– Air Canada

See AIR TRANSPORTATION

– Automobile industry

– – Bombardier, Canadian Auto Workers ratify pact, 1592
– – Chrysler, union ratifies restructuring of agreement, 1072
– – GM, Canadian Auto Workers agree to cuts, 622; unable to accept concessions, 1209; amended pact ratified, 1262

– Corporate holdings of pension funds, lifting limits urged, 468
– Defined contribution plans, improved regulatory climate urged, 2278
– Employee taxable benefits, revenue rules changed, 1489
– Federally-regulated pensions, changes considered, 119
– Goods and Services Tax rebates for pension trust considered, 2230
– Insufficient contacts to U.S., pension fund cannot sue Canadian firm (7th Cir.), 1238
– Phase retirement rules issued, 953
– Provinces urged to harmonize pension plans, 2184
– Solvency

– – Assets down in first quarter of 2009, 1017
– – Defined benefit plans, feds to issue draft rules, 834
– – Down in 2008, 62; declined in first quarter of 2009, 1017
– – Market value of employer funds down in fourth quarter 2008, 1485; value of pension plans drops for first quarter of 2009, 2184
– – Steep decline in pension fund values reported for 2008, 227
– – Temporary funding implement by federal government, 1488

– Trends

See Solvency, this heading

CASH BALANCE PLANS

– Age bias

– – El Paso Corp., ADEA and ERISA claims against time-barred (D. Colo.), 181; worker seeks to alter or amend judgment dismissing ADEA claims, 360
– – Exelon suit, amicus request rejected (7th Cir.), 1927
– – Ledbetter Act applied to reinstated age bias claims (D. Colo.), 2057
– – Monsanto plan interest credits end at 55, not discrimination (S.D. Ill.), 1436

– CIGNA failure to provide accurate information, substantive remedies rejected (2nd Cir.), 2352
– Duke Energy accused of miscalculating opening balances after plan conversion (D.S.C.), 861
– ERISA

– – BP worker claims excessive interest rates, no need to exhaust administrative remedies (E.D. Ky.), 2442
– – Citigroup “fractional test” no violation of minimum benefit accrual rules, 2440
– – Exxon “normal retirement age” based on years of service, no violation (7th Cir.), 1607
– – J.P. Morgan

– – – Full distribution, worker who accepted has standing to sue for notice violations (S.D.N.Y.), 80; petition for immediate appeal denied, 653; time-barred from challenging notice of conversion from defined benefit plan to cash balance plan, 969; failure to specify projection method no violation, 1086
– – – Misleading workers about effect of plan conversion, fiduciary breach claim may proceed (S.D.N.Y.), 1917
– – – Notice violations, worker who took full distribution has standing to sue (S.D.N.Y.), 80

– – S.C. Johnson did not violate anti-cutback rule (E.D. Wis.), 2346

– Foot Locker worker's challenge to conversion to cash balance plan may proceed (S.D.N.Y.), 2200
– Whipsaw calculation

– – AK Steel

See STEEL INDUSTRY

– – Alliant, class action challenging failure to use whipsaw calculation in distribution certified (W.D. Wis.), 423
– – Avent plan participants claim that failure to use whipsaw calculation was ERISA violation may proceed (D. Ariz), 419; class certified, 1303
– – Duke Energy workers' claim certified (D.S.C.), 2117
– – Exhaustion of plan remedies not required for participant challenging calculation method (6th Cir.), 707

– Year-end guidance sought from IRS, 2272; final rules in clearance, 2372

CERTIFICATION

– Enrolled retirement plan agents, 500 take exam, 396
– §403(b) plans, certification program planned by pension professionals, 395

CHILDREN

– Breast feeding

See LEGISLATION, FEDERAL, HR 2819

– State developments

– – Delaware

– – – Developmental delay screening mandate signed, 2005

– – New Jersey

– – – Autism screening mandate signed, 2004

– – N.J. hearing aid mandate signed, 78
– – SCHIP

See STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

CHINA

– Executive pay cap considered, 345
– Funding challenges outlined in report, 1355

CHRYSLER

See AUTOMOBILE INDUSTRY

CIRCULAR 230

– Maximum monetary sanctions will not be sought by IRS, 1683
– Sanctions guide posted by IRS, 1115

CLASS ACTIONS

– Acument Global retirees seek lifetime health benefits (E.D. Mich.), 312
– Anti-cutback rule breach alleged, settlement approved (N.D. Iowa), 509
– Autism therapy coverage denial, class certification denied (E.D. Mich.), 866
– BorgWarner retirees seek to block benefit changes (E.D. Mich.), 719; transfer denied, 1515
– ERISA

See ERISA

– Fees for plan service providers

See FIDUCIARY DUTY

– Fiduciary duty

See FIDUCIARY DUTY

– §401(k) plan, asset freeze, fiduciary breach alleged, class certification denied (M.D La.), 1516
– Hartford accused of payment delays, certification denied (2nd Cir.), 1973
– Life insurance, Wal-Mart corporate-owned policies challenged, dismissed (M.D. Fla.), 1388
– Merrill Lynch settles accusations over investment losses (S.D.N.Y.), 183; preliminary approval, 911
– Plant closing agreement violated by benefit changes, retirees allege (E.D. Wis.), 1386
– Stock drop claims

See FIDUCIARY DUTY

– Tax avoidance scheme, some class action claims against promoters dismissed (N.D. Tex.), 978
– Whirlpool retiree health benefit modifications challenged (W.D. Mich.), 312
– Windstream benefit changes, retirees class action certified (D. Neb.), 93

COBRA

– Appeals, Labor Dep't issues guidelines, 1276; expedited appeals planned, 1286
– Credits claimed, IRS to examine if reporting criteria met, 892
– Enrollment up, premium assistance cited, 1959
– ERISA

– – Insufficient notice, statutory damages awarded (W.D. Tenn.), 2450
– – Untimely notice, employer liable (E.D. Ky.), 374

– Ex-wife denied coverage (E.D. Pa.), 2252
– FAQ from Labor Dep't, In Brief, 563
– Fiduciary liability policy not obligated to defend COBRA violation claims (5th Cir.), 365
– Guidance offered at BNA audioconference, 956
– Late premium payment, participant cannot use Treasury rule to reinstate coverage (11th Cir.), 1972
– Model notices and FAQ released by Labor Dep't, 690; criticized, 763; Labor Dep't expands guidance, 837; comments sought, In Brief, 1961
– Notification requirements, Labor Dep't seeks comments, 1276
– Outreach planned by Labor Dep't, 1286
– Recession causes benefit restrictions, 1197
– Resigning Travelers worker denied COBRA coverage (W.D.N.Y), 1576
– Severance and COBRA subsidies, advice offered, 892
– Sham termination alleged, not qualifying event under COBRA (S.D. Tex.), 793
– State developments

– – Cal-COBRA subsidy approved, 1232
– – D.C council approves mini-COBRA benefits, 562
– – Kan. continuation of coverage law signed, 1031
– – New York

– – – Coverage subsidy bill signed, 699
– – – Expansion bill, Special Report, 2030

– – Utah COBRA alternative bill signed, 698

– Stimulus

– – Legislation

See LEGISLATION, FEDERAL, HR 1, HR 598, S 1

– – Plan to maintain COBRA possible, 73
– – Swift action by Labor Dep't expected on relief, 407

– Subsidies

– – Comments sought by Labor Dep't, 1434
– – Effect on employers, agency officials offer guidance, 838
– – Eligibility surveyed, 1022; IRS reminder, In Brief, 2005
– – Expected by employers, 300
– – Guidance issued by IRS, 481; Treasury and Labor officials offer details, 625; IRS issues guidance, 837
– – Information return not required by IRS, 1022
– – Involuntary termination, Treasury to define, 547
– – Practitioners address at conference, 486
– – Questions raised for insurers and employers, 482
– – State subsidies

See State developments, this heading

– – Upfront costs, IRS and Treasury may provide relief, 1079

– Subsidy form in Spanish, In Brief, 1374
– W-2, COBRA payment reporting not required, 699
– Web page at Labor Dep't, In Brief, 472
– Website and helpline announced by CMS, 1758

COLLECTIVE BARGAINING

– Ed. Note: This heading covers bargaining process issues. For contracts reached through negotiations, see COLLECTIVE BARGAINING AGREEMENTS.
– Airlines

See AIR TRANSPORTATION

– Automobile industry

See AUTOMOBILE INDUSTRY

– Cost controls, employers surveyed, Special Report, 726
– Public employees

See STATE AND LOCAL GOVERNMENT PLANS

COLLECTIVE BARGAINING AGREEMENTS

– Ed. Note: This heading is used for contract negotiations, ratifications, and strike actions.
– Airlines

See AIR TRANSPORTATION

– Automobile workers

See AUTOMOBILE INDUSTRY

– Avaya pact ratified, 1748
– BART operators approve pact, 1997
– Bell Helicopter pact ratified, 1748
– Boeing

– – Aerospace workers ratify pact, 2428
– – Machinists agree to voluntary layoffs, 1807

– Boston-Globe pact ratified, 1748
– Bridgestone reaches tentative pact, 2231
– Cal. construction pact, In Brief, 65
– Communications industry

See COMMUNICATIONS INDUSTRY

– Disney pact rejected, 297
– Duke Energy pact ratified, 1072
– Goodyear pact ratified, 2231
– Grocery workers

– – Conn. A&P workers, In Brief, 1132
– – N.M., Smith's Food and Drug pact ratified, 1547
– – N.Y., N.J. supermarkets, In Brief, 1132
– – Pa., Acme Markets pact ratified, 1685

– Harrah's pact ratified, 2280
– Hospitals

– – N.Y.C. hospitals seek to renegotiate union pacts, 1066; reach agreement with SEIU, 1762
– – Stanford Hosp. reaches agreement with SEIU, 2053

– IAM-Vought pact, In Brief, 172
– Kellogg pact ratified, 2384
– Lockheed Martin

– – Electrical workers and office and professional workers ratify pact, 1269
– – Machinists, In Brief, 1020

– Meat cutters pension improperly suspended (8th Cir.), 1833
– Non-union members improperly excluded by arbitrator (D.N.J.), 583
– Providence, R.I., mayor seeks concessions, 1070
– Smithfield meatpacking, In Brief, 296
– SoCal Gas pact ratified, In Brief, 544
– Teamsters

See UNIONS

– UPS machinists pact ratified, 1852
– Washington Post pact ratified, 1486

COLORADO

– Domestic partners

– – Designated beneficiary assignment law signed, 953
– – State workers law signed, 1269

– Improper employee classification, bill signed, 1353
– Restaurant workers, In Brief, 1550
– State and local government employees

– – Annual leave transfer program expansion bill signed, 890
– – Domestic partners law signed, 1269
– – Fire and police pensions, state contribution suspended, 1016

COMMUNICATIONS INDUSTRY

– AT&T

– – Electrical Workers ratify pact, 2280
– – ERISA, workers transferred post-retirement to Lucent lack standing to sue (10th Cir.), 643
– – Fiduciary liability insurer not bound to defend firm for contract breach (N.J. Super. Ct.), 1870
– – Legacy unit reaches pact with union, 2046
– – Midwest region pact ratified, 1903
– – Personal injury reimbursement (5th Cir.), In Brief, 1044
– – Pregnancy discrimination, retirement benefits improperly calculated (U.S., brief filed), 433; calculation of retirement benefits upheld (dec), 1299
– – QDRO, administrator properly denied immediate lump-sum payment to ex-wife (E.D. Mo.), 1092
– – Rule of 65, retirement benefits denial upheld (D.N.J.), 864

– Nortel stock drop claim, certification recommend (M.D. Tenn.), 2118
– Qwest

– – Death benefit dropped from pension plan, no ERISA violation (10th Cir.), 1706
– – ERISA, firm did not violate law by including amendment language (D. Colo.), 781
– – Life insurance changes, no fiduciary breach (D. Colo.), 2006
– – Retiree health insurance plan amendment capping benefits upheld (D. Colo.), 870

– TV network agreement with single worker to pay life insurance premiums not ERISA plan (E.D. La.), 1043
– Verizon

– – Negligence claim preempted by ERISA (E.D. Pa.), 1874
– – Retirement benefits, widow's claim preempted by ERISA (E.D.N.Y.), 919

– Western Union reaches agreement with PBGC, 1946
– Windstream Communications

– – Fiduciary duty, not breached by amendments blocking 4 workers from full early retirement benefits (D. Neb.), 974
– – Group insurance plan benefit reduction upheld (D. Neb.), 2014

COMPENSATION

– Executive compensation

See EXECUTIVE COMPENSATION

– Large metro areas surveyed, 2277
– Nationwide suspends bonuses, 1014
– Nonqualified compensation, 65
– Salary budgets for 2010, In Brief, 2048
– Slow private sector compensation reported for 2008 by BLS, 215; fourth quarter wages reported, 620; first quarter 2009 numbers, 1415; numbers for year ending Jun. reported, 1799; benefits down for year ending Jun., 2090
– 2009 covered compensation tables, In Brief, 8

CONFERENCES AND MEETINGS

– AARP forum, 2422
– AFL-CIO Executive Council, 537
– American Ass'n for the Homecare Washington Legislative Conf., 1367
– American Bankruptcy Institute, 1346
– American Bar Ass'n (ABA)

– – Audioconference, 219
– – Health and welfare conference, 2430; 2431
– – Health Law Section, 902
– – Joint Comm. on Employee Benefits, 215; 906
– – Labor and Employment Law Midwinter Meeting, 418
– – Taxation Section, 115; 1113; 1119; 1125; 1136; 1194; 1201; 2270
– – Teleconference, 123
– – White collar crime national institute, 554

– American Law Inst.-Am. Bar Ass'n (ALI-ABA), 283; 486; 573; 611; 676; 685; 685; 1481; 1541; 2083; 2085; 2170; 2176; 2323; 2325; 2340; 2370; 2372; 2373; 2376
– American Payroll Ass'n 2009 Capital Summit, 682
– American Society of Pension Professionals and Actuaries, 2171; 2181; 2185
– ASPPA 401(k) Summit 2009, 748; 748; 758
– Autorite des Marches Financieres, 1210
– Bipartisan tax forum, 389
– Compliance Week, 1343
– D.C. Bar, 838; 2430
– D.C. Bar Ass'n, 220
– Divided We Fall, 1540
– 8th Annual Financial Reporting Conf., 1062
– Employers' Council on Flexible Compensation, 538; 551
– Families USA, 237
– Financial Services Roundtable, 2275
– Groom Law Group, Employee Benefits Seminar, 2378; 2392
– Guaranteeing Savings to Last a Lifetime, 2085
– Hofstra Labor & Employment Law Journal, 709
– IASB pensions working group, 1063
– Intl. Found. of Employee Benefit Plans, Washington Legislative Update, 1258
– IRS Mid-Atlantic Pension Liaison Group, 1401
– Labor for Single-Payer Healthcare, 130
– Lorman Education Services, 2087
– Mid-Atlantic Area Pension Liaison Group, 2414
– Natl. Academy of Social Insurance, 1205
– Natl. Pharmaceutical Council, 1505
– New America Foundation, 1484
– Profit Sharing 401k Council of America, 1482
– Retirement USA Conf., 2419
– SPARK Institute, 1479
– 2009 Enrolled Activities Meeting, 829
– Urban Institute, Frozen Pensions and Falling Stocks: What Will Happen to Retirees' Incomes?, 291
– White House Office of Health Reform, 893
– Worldwide Employee Benefits Network, 1499

CONGRESS, U.S.

– Ed. Note: This heading is used for administrative actions only. For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers see specific subject headings.
– Finance panel, Senators named, 171; subcommittee assignments approved, 464; Hatch (R-Utah) to be ranking GOP member of finance panel, 1124
– GAO Health IT panel members named, In Brief, 847
– Harkin (D-Iowa) takes over HELP panel, In Brief, 2092
– Hoyer (D-Md) says House to miss adjournment date, In Brief, 2092
– Joint Comm. on Taxation, In Brief, 1950
– Kennedy (D-Mass), death changes Senate leadership, 1989; special election planned, In Brief, 2047; Kirk (D-Mass) takes oath, 2276
– Price (R-Ga) ranking member of House pensions panel, 1591
– Public law numbers assigned, In Brief, 9
– Reid (D-Nev) outlines Senate schedule, 1351; offers summer agenda, 1360
– Rules package

See LEGISLATION, FEDERAL, HRes 5

– Ways and Means, House GOP members to promote pro-growth and pro-jobs agenda, 167; GOP offers resolution to remove Rangel (D-NY), as chair, 288; agenda approved, 338

CONNECTICUT

– Concealed compensation, USI Consulting Group settles with Atty. Gen., 584
– State and local government plans

– – Fairfield plans sue over Madoff-related losses (Conn. Super. Ct.), 567
– – Firefighters, Waterbury benefits cuts no due process violation (D. Conn.), 652

– Universal care veto overridden, 1761

CONSUMER-DRIVEN HEALTH PLANS

– GM plans for white collar workers, 2439
– Health care reform, consumer-driven plans urged as part of debate, 1701

CONTINGENT EMPLOYEES

– Adverse effects of misclassification outlined, 2088
– Allstate agents alleged “illegal scheme” to reclassify as independent contractors (3rd Cir.), 1832
– ChevronTexaco must pay retirement benefits to workers hired through third-party staffing agencies (S.D.N.Y.), 500
– Clarifying rules

See LEGISLATION, FEDERAL, HR 3408

– Colo., improper employee classification, bill signed, 1353
– Computer programmer was independent contractor, benefits denied (7th Cir.), 190
– Consequences of classification, Analysis & Perspective, 1618
– Disability policy did not create distinct plan for independent contractors (E.D. La.), 144
– Employment tax gap, Treasury IG urges IRS to address, 340
– ERISA, FedEx drivers claim for benefits dismissed (D. Mass.), 189
– Fragrance firm properly excluded independent contractors (N.D. Ill.), 506
– Health reform and worker classification

See LEGISLATION, FEDERAL, HR 3200

– Health staffing agency worker classification claim time-barred (E.D. Pa.), 1663
– Md. misclassification of workers, In Brief, 1750
– Reporter time-barred from claiming employee status (D. Or.), 1158
– Top 10 concerns listed by IRS, Analysis & Perspective, 1931

CONTINUATION OF BENEFITS

– COBRA

See COBRA

CORPORATE GOVERNANCE

– Director nomination rules proposed by SEC, 1405
– Executive compensation

See EXECUTIVE COMPENSATION

– Institutional investors, improved corporate governance sought, 1210
– Kanjorski (D-Pa) wants focus on governance, 1347
– Shareholders

– – Activism, Chamber of Commerce reports, 1256; criticizes union pension funds, 1546
– – Bill of rights

See LEGISLATION, FEDERAL, S 1074

– – Enhanced rights

See LEGISLATION, FEDERAL, HR 2861

– – Proxy access

– – – Rule changes, extended comment period sought, 1637
– – – SEC commissioners discuss, 2328

COSTS OF HEALTH CARE

See HEALTH CARE COSTS

COVERAGE ISSUES

– COBRA

See COBRA

CRIMINAL PROSECUTION

– Administrator sentenced for embezzlement (M.D. Tenn.), 2126
– Amalgamated Transit Union exec sentenced for forgery (D. Or.), 195
– Backdating of stock options

See STOCK OPTIONS

– Electrical contractors convicted of embezzling from §401(k) plan (W.D. Wash.), 2453
– Expert testimony on tax status properly excluded from trustee's theft trial (5th Cir.), 421
– Hitachi exec sentenced for fraud (S.D.N.Y.), 2257
– La. sheriff's pension fund, garnishment for criminal convictions upheld (E.D. La.), 87
– Machinist fund embezzlement (E.D. Mo.), In Brief, 1247
– Money laundering, restitution denied to union and benefits funds (2nd Cir.), 1457
– N.Y. attorney who sought to avoid paying prevailing wages pleads guilty to mail fraud, money laundering, obstruction (E.D.N.Y.), 873
– Nursing staff firm plan administrator sentenced for theft (D. Neb.), 587
– Pay-to-play

– – Aldus founder arrested (N.Y. Crim. Ct.), 1098
– – Kickbacks, ex-hedge fund manager pleads guilty (N.Y. Sup. Ct.), 1039
– – Two guilty pleas, 2332

– Unregistered placement agent pleads guilty to securities fraud (N.Y. Sup. Ct.), 1246

CZECH REPUBLIC

– Social Security, In Brief, 9