Pension & Benefits Reporter Index-Summary

E-HEALTH

– Consumer notice for E-health breaches, FTC proposes rules, 962
– Grants for E-records, In Brief, 1961
– Incentive payments for E-records estimated, 1603
– Security and privacy concerns about E-records raised, 632
– Timetable for E-records questioned, 1294

EARLY RETIREMENT

– Electrical worker engaged in disqualifying employment (C.D. Cal.), 2356
– Ft. Lauderdale police early retirement plan no ADEA violation (S.D. Fla.), 14
– Kraft not equitably estopped from denial job elimination benefits to non-English speaking worker (D.N.J.), 1664
– Postal Service early retirement offered, 759
– Sheet metal worker engaged in disqualifying employment (S.D.N.Y.), 2310
– Windstream Communications did not breach fiduciary duty with amendments that blocked 4 workers from full early retirement benefits (D. Neb.), 974

EBSA

See EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

EMPLOYEE ASSISTANCE PLANS (EAPs)

– Guide issued by business group, 560

EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

– Agenda meeting planned, 1264
– Assistant secretary approved, 1633; will address issues left over from previous administration, 1738
– Authority formalized, 1127
– Chief nominated, 750; name sent to Senate, 1066
– FY2010 budget, omnibus funding bill signed, 617

EMPLOYEE PLANS COMPLIANCE RESOLUTION SYSTEM (EPCRS)

– Guidance, IRS seeks comment, In Brief, 623

EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Conaco cannot deduct payments made to redeem stock (3rd Cir.), 1710
– ERISA

– – Cashed out workers have standing to sue fiduciaries over inflated stock price (D.N.D.), 576
– – Indemnification agreement, successor trustee cannot avoid liability for fiduciary breach (N.D. Cal.), 2007
– – 10-year promissory note improperly given to participant (S.D. Ind.), 255

– Fiduciary duty

– – Attorney accused of fiduciary breach for failing to properly value executive compensation (E.D. Cal.), 1570
– – Labor Dep't not time-barred from pursuing breach claim against CEO (E.D. Cal.), 367
– – Legal fees, fiduciary's attempt to arbitrate blocked (E.D. Cal.), 2400

– Flooring firm workers claim of ESOP mismanagement and self-dealing dismissed (E.D. Mo.), 1316
– General Mills denied tax refund after redemption of employee stock (8th Cir.), 252; high court ruling possible, 721
– Improving operations

See LEGISLATION, FEDERAL, S 1612

– Kelly-Moore settlement in stock valuation claim approved (N.D. Cal.), 191
– Liability insurers anti-assignment clause does not bar post-loss assignment of claims to ESOP (9th Cir.), 780
– Sample language, IRS updates, 745
– U.S. Sugar, fiduciary breach claims dismissed (S.D. Fla.), 1087
– U.S. Trust accused of allowing ESOP to buy stock at inflated price (2nd Cir.), 1508

EMPLOYEE STOCK PURCHASE PLANS (ESPPs)

– Stock options, IRS rules may be difficult to administer, 109

EMPLOYER STOCK

See FIDUCIARY DUTY

ENFORCEMENT POLICY

– Abusive tax avoidance schemes, IRS plans crackdown, 1401
– Appeals technical guidance index from IRS, In Brief, 1690
– Audits, computerized risk-based model to select targets, IRS using, 336
– Backdating

See STOCK OPTIONS

– CMS update, In Brief, 1374
– Collection enforcement, IRS suspends for listed transactions, 1630; extended, 2221
– Compliance check program, IRS urged to revise, 169
– Cooperation with auditors urged by Labor Dep't, 2181
– Credit risk, In Brief, 2281
– Determination letter program, IRS issues procedures, 52
– E-rulemaking comments lost, 2043
– Employee plan guidance planned at IRS, 2414
– Focus of SEC for 2010 outlined, 2422
– Forwarding plan contributions, failure under Labor Dep't scrutiny, 2169
– §403(b) plans, 2009 enforcement rules, IRS officials comment, 334; Special Report, 927; comments sought, 941; funding products may need years to catch up with rules, 941; practitioners comment, 942; expansion of prototype plan urged, 1341; vesting schedules, 2086
– Global issues, increased IRS focus described, 2270
– Health law seminar planned by Labor Dep't, In Brief, 180
– Identity theft

See LEGISLATION, FEDERAL, HR 3763

– Independence of IG

See LEGISLATION, FEDERAL, HR 885

– Internal Revenue Service

– – Retirement Plans Navigator enhanced by IRS, 2374

– International employees plans, transborder transactions affect U.S. rules, 1402
– International section of IRS priority guidance plan for 2009-2010 reviewed, 2420
– Letter ruling pilot program, In Brief, 1417
– Medicare/Medicaid, recoveries for 2006 reported by HHS IG, 178
– Promoter investigations of qualified retirement plan transactions, IRS names lead office, 2413
– Random audits expected from IRS, 2417
– Secretary emphasizes enforcement, 537
– Seminar planned by Labor Dep't, In Brief, 1641
– Termination of plans

See TERMINATION OF PLANS

– Timing rules for opinion and advisory letter applications, IRS reviews procedures, 331; IRS to simplify amendment program, 2170
– Treasury secretary outlines priorities, 1265
– 2009 Employer's Tax Guide, In Brief, 1418
– Vick accused of illegal withdrawals (E.D. Va.), 801
– Vick to restore pension assets (E.D. Va.), 2307
– Voluntary corrections, revenue procedure clarified, 283
– Workshop planned by Labor Dep't, 1592

EPCRS

See EMPLOYEE PLANS COMPLIANCE RESOLUTION SYSTEM (EPCRS)

ERISA

– AARP official says preemption likely to remain in 2009, 72
– Accident benefit policy not endorsed by employer, ERISA does not apply (E.D. Ky.), 801
– Accrual changes disclosure violations, equitable relief denied (N.D. Ill.), 2122
– Accrued benefits not illegally reduced (6th Cir.), 1233
– Address of participant negligently given to ex-husband, no preemption (C.D. Cal.), 1242
– Age bias, El Paso Corp. cash balance plan, claims against time-barred (D. Colo.), 181; worker seeks to alter or amend judgment dismissing ADEA claims, 360
– American Holdings, no jurisdiction (9th Cir.), In Brief, 1044
– Apprentice electrician, Mich. law no longer enjoined (U.S., rev den), 785
– Avent plan participants claim that failure to use whipsaw calculation was ERISA violation may proceed (D. Ariz), 419; class certified, 1303
– Avent plan participants claim that failure to use “whipsaw” calculation was ERISA violation may proceed (D. Ariz), 419
– Bank of America non-compete agreement, former employee's challenge preempted (N.D. Ill.), 1928
– BNA Books publishes ERISA: The Law and the Code, In Brief, 472
– Cash balance plans

See CASH BALANCE PLANS

– COBRA

See COBRA

– Complex class actions increasing, 2202
– Consolidation of class actions ordered, certification at issue (7th Cir.), 1962
– Constructive discharge, interference claim preempted, remanded to state court (N.D. W.Va.), 20
– Contingent employees, FedEx drivers claim for benefits dismissed (D. Mass.), 189
– Deceptive trade practices (S.D. Tex.), In Brief, 1930
– Deferred compensation

See DEFERRED COMPENSATION

– Delinquent contributions, auto dealer cannot rely on oral agreement with dead union chief to apply ERISA “free look” provision (N.D. Ill.), 1719
– Deposit accounts of banking affiliate, use no violation, Labor Dep't says, 169
– Disability

– – Benefits

See DISABILITY BENEFITS

– – Discrimination, Cal. law claim not preempted by ERISA (C.D. Cal.), 1778

– Disclosure

See DISCLOSURE

– Discretionary clauses, Mich. law not preempted (6th Cir.), 704
– Disloyalty accusation, firing upheld (D. Or.), 1239
– D.C. PBM disclosure law preempted (D.D.C.), 782
– EDS accused of breaching pact to provide long-term disability benefits, claim preempted (6th Cir.), 659
– Emergency medical care coverage, state law violations not preempted (Cal. Ct. App.), 1233
– Emotional distress claim over mishandling of benefits preempted (D.N.H.), 1514
– ESOPs

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Excavation firm barred from suing union over alleged misrepresentations (D. Minn.), 1977
– Excessive absences, termination of Lockheed worker upheld (M.D. Fla.), 316
– Fiduciary duty

See FIDUCIARY DUTY

– Fireman's Fund accused of negligently hiring investment advisors, no preemption (N.D. Cal.), 2064
– FLSA overtime noncompliance, no ERISA remedy (M.D. Fla.), 1612
– “For cause” clause in employee handbook, violation claim not preempted (D. Neb.), 2449
– Foreign partnership interests, Analysis & Perspective, 1875
– 403(b) plans

See 403(b) PLANS

– Health care reform

– – Premption concerns raised, 2391
– – Remedies and reform discussed at conference, 2431

– Hilton failed to follow benefit accrual formula (D.D.C.), 1304
– Human rights claim preempted (S.D. Ill.), In Brief, 2210
– Identifying employers in registration statements, Labor Dep't issues advisory opinion, 5
– Institutions, consolidation raises ERISA issues, 2087
– Intentional interference, no preemption (E.D. Cal.), 321
– J&J post-separation payments (2nd Cir.), 2072
– John Hancock, former worker's failure-to-disclose claim preempted (D. Md.), 1978
– Less than 15 years of service, PBGC pension denial upheld (D.D.C.), 578
– Life insurance

See LIFE INSURANCE

– Los Alamos worker, misrepresentation claims not preempted (D.N.M.), 1157
– Madoff scandal, class actions allege gross negligence, RICO and ERISA violations, 1033
– Marin General Hosp. claim for benefits not preempted (9th Cir.), 2111
– MEWAs, fraud claim against insurance agent no preempted (N.D. Tex.), 188
– Mo. MDs suit over delayed and denied managed care payments belongs in federal court (S.D. Fla.), 320
– Monsour Medical Center lump-sum agreement did not create ERISA plan (W.D. Pa.), 2021
– Non-fiduciary advisors accused of fraud and negligence, no preemption (C.D. Cal.), 1241
– Northwest Airlines “target date” pension plan no age bias violation (D. Minn.), 247
– Notice

– – Dow Chemical provided insufficient notice of plan amendments (4th Cir.), 424
– – Long-term disability plan participant improperly awarded benefits (U.S., rev den), 1381

– OB/GYN pay rate challenge not preempted (5th Cir.), 1971
– Orthopedics, claim of in-network expense questioned, no preemption (S.D. Ohio), 1390
– Out-of-network provider accused of interfering with in-network providers, MCO's claim not preempted (D.N.J.), 1093
– Overpayments

– – A&P attempt to recover COLA overpayments not preempted (D.N.J.), 651
– – Plausible grounds for recovery not shown (W.D. Wis.), 2451
– – Recouping overpaid benefits, pension cut upheld (D.N.J.), 2206

– Oxford Health Plans termination challenged, state law claim preempted (N.D.N.Y.), 1245
– Pay-to-play laws, states may enact, 709
– Physical therapy and chiropractic treatment denial class action may proceed (D. Ariz.), 1155
– Ponzi scheme, unjust enrichment claim preempted (M.D. Tenn.), 1447
– Prenuptial pact not valid waiver of pension benefits (D.N.J.), 2403
– Prior version of plan, copy not provided, no penalties (S.D. Ill.), 1318
– Prisoners, Mich. garnishment of pensions upheld (Mich. Ct. App.), 1452
– Prototype plans, Pa. law firm accused of ERISA violation (E.D. Pa.), 2067
– Qwest did not violate law by including amendment language (D. Colo.), 781
– Racial discrimination claim against phone company not preempted (D. Conn.), 1311
– Radiologists claim over withholding compensation to fund pension plan, no preemption (D. Md.), 2254
– Rand McNally asset purchaser not proper defendant in former workers suit (N.D. Ill.), 1872
– Retroactive restatement of health coverage ordered (10th Cir.), 1828
– Revenue sharing pact no violation (C.D. Cal.), 1824
– SCHIP reauthorization, 232
– SKF accused of breaching agreement for enhanced pensions, claim not preempted (Pa. Super. Ct.), 1727
– Slayer statute, no preemption (Nev.), 798
– Solis comments, In Brief, 2185
– Sotomayor has broad ERISA experience, 1294
– Stable value disclosure, best practices urged, 2174
– Standing

See STANDING

– Statutes of limitations

See STATUTES OF LIMITATIONS

– Stroke patient's malpractice claim against medical directors preempted (N.J. Super. Ct.), 582
– Subrogation, Ky. law preempted (W.D. Ky.), In Brief, 515
– Teamsters, non-forfeiture rules violated (7th Cir.), 776
– Teleconference planned, In Brief, 2093
– Tenn. BCBS, claim over hospital bills preempted (S.D. Ohio), 1161
– Threats to ERISA-based health plans, House panel hears testimony, 1552
– Timely documentation not provided, administrator penalized (W.D. Ark.), 374
– Tugboat operator's fraudulent inducement claim not preempted (Ill. App. Ct.), 1387
– Utah limits on discretionary authority upheld (D. Utah.), 1775
– Verbal promises (W.D. Wash.), In Brief, 376
– Verizon, negligence claim preempted (E.D. Pa.), 1874
– Widow accused of interfering with son's inheritance rights, no preemption (S.D. Tex.), 1387
– Withdrawal liability, special rules approved, 2172

ESOPs

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

ESPPs

See EMPLOYEE STOCK PURCHASE PLANS (ESPPs)

EUROPEAN UNION (EU)

– Accounting, IASB delegates discuss prospect of substantial upheaval in pensions, 1063
– Age discrimination ban allows mandatory retirement for legitimate social policy (E.C.J.), 662
– Executive compensation

– – Banks, new rules proposed, 1686; banks seeking state aid probed, 2176
– – CEOs, policies on bonuses under scrutiny, 1068

– Specific countries

See specific countries

EXECUTIVE COMPENSATION

– AFL-CIO identifies worst pay practices, 949
– Asset purchase program, more guidance sought from Treasury, 749
– Backdating of option grants

See STOCK OPTIONS

– Bailout, excessive pay criticized, 2044
– Bank of America

– – Disclosures to shareholders, SEC probes, 944
– – Merrill bonuses, bank pays penalty, 1873

– BNA plans audioconference, 346
– Bonus pay for CEOs

– – AIG bonuses, Treasury criticized, 2379
– – Congress alarmed over situation at bailed-out firms, 1895
– – Cuts reported by survey, 613
– – EU, policies on bonuses under scrutiny, 1068
– – First drop since 2002, 944
– – Performance bonuses continued in 2008, survey finds, 1069
– – Swiss banking regulator proposes limits, 1354; criticized by bankers, 1408
– – U.K. voluntary code, In Brief, 1904

– China considers capping exec pay, 345
– Conf. Board proposes rules, 2227
– CRS reports, In Brief, 624
– Disclosure

– – Best practices for drafting reviewed, 452
– – Current rules under review at SEC, 1342; amendments proposed, 1630; Analysis & Perspective, 1836; firms encouraged to start planning, 1893
– – Guidance on rules expansion offered at conference, 385

– Equity interests in financial institutions, IRS issues guidance on purchase, 1341
– ESOP attorney accused of fiduciary breach for failing to properly value executive compensation (E.D. Cal.), 1570
– EU, new rules for banks proposed, 1686; banks seeking state aid probed, 2176
– Excessive pay

See LEGISLATION, FEDERAL, HR 3269, S 1007

– Federal Reserve considers limits, 1404
– Financial crisis

See FINANCIAL INDUSTRY STABILIZATION

– Frank (D-Mass) offers discussion draft, 1678
– Golden parachutes, In Brief, 2233
– Gross-up polices, new limits reported, 2273
– Guidelines announced by Treasury, 1481
– Hospitals, IRS examines initial contract exception, 1590
– Interest rate used to calculate retirement benefits, firm estopped from lowering (N.D. Ga.), 143
– Investor protection bill drafted by Obama administration, 1677
– Kanjorski (D-Pa) wants focus on governance, 1347
– Manipulation of benefits to increase CEO retirement income described, 2417
– N.Y. Atty. Gen. issues subpoenas, 214; seeks names of Bank of America bonus recipients, 542; gets AIG list, 673; banks paid bonuses while accepting aid, 1799
– Performance-based pay, deadline to amend plans approaching, 2378
– Performance risk, Analysis & Perspective, 2132
– Public-Private Investment Program, more details sought, 755
– Say-on-pay, SEC issues guidance, 452; flexibility for SEC sought, 617; SEC proposals debated, 1403
– Schumer (D-NY) bill would increase shareholder influence, 1207
– Separation agreements, §409A issues analyzed, 1273
– Shareholder rights

See LEGISLATION, FEDERAL, HR 2861

– Stimulus bill, Special Report, 403
– Stock exchanges, In Brief, 2429
– TARP

– – Banking industry under scrutiny, 2274
– – Pay czar calculates salaries, 2274; Feinberg cuts pay as some firms, 2424

– Treasury seeks more oversight, 1406; wants to ban “gross-ups,” 1407
– Trends

– – Base salaries and budgets cut in 2009, survey finds, 615
– – College exec salaries surveyed, 466
– – Corporate boards, execs, HR professionals surveyed on practices, 226
– – Freezes and reductions common, survey finds, 534; firms unlikely to lift freezes, 2327
– – Hikes in salaries small in 2008, survey finds, 1069
– – Hospital report released by IRS, 536
– – Outside directors pay climbs, CFO pay down, 1122
– – Recession causes benefit restrictions, 1197
– – Regulatory environment reviewed, 2128; regulatory and legislative action, Special Report, 2148
– – Security sought by participants during economic downturn, 219

– U.K. financial execs, reporting urged, 1687
– Union consortium seeks probe of exec pay, 1006
– Verification of pay data, advice offered, 115

EXEMPT ORGANIZATIONS

– Financial industry stabilization, tax-exempts may come under federal scrutiny, 339
– Hospital salary report released by IRS, 536
– Inspection of applications, In Brief, 1132
– Technical advice, IRS updates procedures for requesting, 56

EXHAUSTION OF REMEDIES

– Cash balance plan, exhaustion of remedies not required for participant challenging calculation method (6th Cir.), 707
– Deferred compensation

– – Ex-exec failed to exhaust administrative remedies (E.D. Mich.), 977
– – Ex-workers claim for additional benefits denied (D. Colo.), 719

– Disability benefits, denial letter failed to explain review process, exhaustion of administrative remedies not required (E.D. Mo.), 799
– ERISA

– – BP worker claims excessive interest rates, no need to exhaust administrative remedies (E.D. Ky.), 2442

– Price Excavating and Price Utility participants not required to exhaust administrative remedies in claim over distributions (E.D. Ark.), 1723
– Securities brokers not required to exhaust administrative remedies before bringing claim that firms illegally forfeited deferred compensation (D. Minn.), 1315
– Surgical center challenge to payment methodology, must exhaust administrative remedies (D.N.J.), 976