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INDEX
Vol. 35, Nos. 1-25, pp. 1-1582
Jan. 1--June 24, 2008

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

    FAIR LABOR STANDARDS ACT (FLSA)
      – Severance benefits, SunTrust enjoined from requiring FLSA waiver (N.D. Ga.), 1088
    FAMILY AND MEDICAL LEAVE ACT (FMLA)
      – Airlines
        See LEGISLATION, FEDERAL, HR 2744
      – Crime victims, 962
      – Health law seminar, Labor Dep't to sponsor, In Brief, 34
      – Human resource professionals concerns surveyed, 884
      – Rules updated by Labor Dep't, 333; Democrats criticize proposal, 401; House panel hears criticism of rules, 842; proposals generate comments, 883
    FAMILY LEAVE
      – Adoption benefits becoming more common, 1018
      – Family time
        See LEGISLATION, FEDERAL, HR 6025
      – Federal workers
        See LEGISLATION, FEDERAL, HR 3158, HR 3799
      – FMLA
      – Intermittent leave, Labor Dep't offers guidance, 760
      – N.J. Assembly approves mandate, 661; Senate approves, 908; signed, 1033
      – Stark (D-Cal) bill
        See LEGISLATION, FEDERAL, HR 5873
    FASB
    FEDERAL CONTRACTORS
      – DOD urged to seek temporary waiver from Cost Accounting Standards Board, 106
      – Impending retirements, Senate panel briefed, 454
    FEDERAL EMPLOYEES
      – Average age of new hires, attitudes reported, 457
      – Domestic partners
        See LEGISLATION, FEDERAL, S 2521
      – Electronic retirement system rolled out by OPM for selected agencies, 510
      – Family leave
        See LEGISLATION, FEDERAL, HR 3158, HR 5781
      – FEHBP
      – Former spouses, CRS reports on rights, 892
      – Hearing benefits, OPM urges improvement, 722
      – Loss in employees by 2012 estimated, 1068
      – Medicare Part D, tying with federal retiree benefits, saving predicted, 1128
      – Modernization program at OPM, GAO suggests improvements, 346
      – Pay hike, executive order signed, 109
      – PX employee plan is federal plan exempt from state income tax, La. official rules, 458
      – Retaining older workers and attracting new workers, Senate panel told of need, 1015
      – RetireEZ
        – – Contract suspended, 1275
        – – Electronic processing system, House holds hearings, 762
      – Retirement Systems Modernization, GAO criticizes OPM report, 762
      – Same-sex marriage, CRS reports on benefits not subject to requirements, 74
      – Sick leave
        – – CRS offers options to reduce, 721
        – – IRS employers, use of leave audited, 1029
      – Thrift Savings Plans
      – Travel expenses
        – – Mileage, In Brief, 662
        – – Per diem revisions, In Brief, 662
      – Volunteer work leave, In Brief, 1023
    FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)
      – Dependents coverage
        See LEGISLATION, FEDERAL, HR 5550
    FEHBP
    FIDUCIARY DUTY
      – Attorneys
      – Bear Stearns target of class actions (S.D.N.Y.), 671; additional suits filed (S.D.N.Y.), 727; consolidation sought, 867
      – BNA plans conference, Section 401(k) Plan Fiduciary Compliance: What Plan Sponsors Need to Know, 538
      – Classifying exempt from overtime workers no breach (D. Minn.), 1249
      – Delinquent contributions, collection is fiduciary duty, EBSA says, 276
      – Delphi settlement approved (E.D. Mich.), 199
      – Employer stock
        – – Baxter Intl. participants breach claim may proceed (7th Cir.), 781
        – – Diebold accused of breach by offering artificially inflated stock (N.D. Ohio), 1240
        – – Ford employees breach claim over investment options may proceed (E.D. Mich.), 777
        – – Full distribution taken before alleged breach, no standing (2nd Cir.), 35
        – – GM, fiduciary breach claim over company stock and GM non-disclosure of financial condition, workers settle (E.D. Mich.), 198
        – – Owings Corning employees claim may proceed (N.D. Ohio), 780
        – – Radio Shack workers breach claim dismissed (N.D. Tex.), 779
        – – Reliant Energy's company stock fund no breach (5th Cir.), 1034
        – – Tribune did not breach duty despite inflated circulation figures (7th Cir.), 776
        – – W.R. Grace, fiduciary's divestiture of company stock no breach (D. Mass.), 362
        – – Xerox workers breach claim may proceed (D. Conn.), 783
      – Engineer's local president accused of using union assets for personal benefit (N.D. Ill.), 42
      – Enron shareholders securities fraud claim, banks not fiduciaries (U.S., rev den), 256; discussed at conference, 341
      – ERISA
        – – Bear Stearns target of class action (S.D.N.Y.), 671
        – – Coal firm did not breach duty in statements about effect of merger on benefits (4th Cir.), 124; (U.S., rev den), 1513
        – – Deferred compensation plan competing providers not fiduciaries (D. Conn.), 524
        – – Defined contribution plan participant has ERISA remedy for breach (U.S.), 467; CRS reports, In Brief, 587; panelists comment on effect on litigation, 865
        – – Disability benefits, appropriate claim forms not provided, breach claim time-barred (D. Minn.), 373
        – – Evidentiary hearing needed to determine if dentist's fiduciary breach claims against accounting firm should be remanded (E.D. Ark.), 800
        – – Exception to privileges (E.D.N.C.), In Brief, 1307
        – – Investment advisor engaged in fraud, individual participant may sue trustee for breach (6th Cir.), 304
        – – Long-term disability plan (E.D. La.), In Brief, 1159
        – – Macy's accused of material misrepresentations after merger, transfer of suit denied (S.D. Ohio), 992
        – – Malicious disclosure of information by HR worker, no preemption (E.D. Mo.), 371
        – – Margin loans and failure to diversify investments, breach claim time-barred (N.D. Tex.), 419
        – – Merck accused of allowing investments in inflated stock (D.N.J.), 1036
        – – Mortgage firm, former managers claim of fiduciary breach may proceed (E.D. Cal.), 586
        – – Not-for-profit firm not time-barred from pursuing ERISA over receiving and using funds (E.D.N.Y.), 1301
        – – Offshore hedge fund not fiduciary (S.D. Fla.), 782
        – – Reasonable contract and fee requirements, Analysis & Perspective, 939
        – – Revenue sharing with trustees and investment advisor no breach, affirmation of dismissal sought (7th Cir.), 1133
        – – Rollover without spousal consent, trustee may have breached duty (U.S., rev den), 479
        – – Statute of limitations does not apply to notice claim (W.D. Tex.), 794
        – – Summary judgment improperly granted after court notified of settlement (9th Cir.), 474
      – ESOPs
      – Failed startup, investment breached duty (D. Haw.), 731
      – Fees for plan service providers
        – – ABB plan participants allege excessive fees (W.D. Mo.), 417
        – – BCBS hospital rate negotiation not fiduciary duty (E.D. Mich.), 88
        – – Boeing workers allege excessive fees (S.D. Ill.), 38
        – – Chao file amicus brief in Deere suit (7th Cir.), 726
        – – Deere service providers reject fiduciary label (7th Cir.), 1232
        – – Hearing planned by Labor Dep't, 507; rule on disclosure, Labor Dep't plans hearing, 701; disclosure a priority, 707; rule expected soon, 1203
        – – John Hancock sued for excessive fees (D. Mass.), 366
        – – Kraft workers denied jury trial (N.D. Ill.), 735
        – – Legislation
          See LEGISLATION, FEDERAL, HR 3185
        – – Litigation defended at conference, 1243
        – – Miller (D-Cal) and Kennedy (D-Mass) seek further action from Labor Dep't, 397
        – – Outlook 2008, 262
        – – United Tech plans, excessive fees alleged (D. Conn.), 1294
      – Fifth Third Bank accused of mismanaging sale of property (E.D. Mich.), 144
      – FSA, misleading documents were breach (D.N.J.), 792
      – Incorrect tax advice from account exec, no breach by insurer (S.D. Cal.), 1037
      – Insurer not required to indemnify Arthur Andersen over settlement with retirees over lump-sum distributions (7th Cir.), 864
      – Investment advisers
      – IRA rollovers, deception alleged (S.D. Iowa), 984
      – Labor Dep't plans seminar, In Brief, 1282
      – Lucent accused of misleading workers into accepting early retirement, claim time-barred (6th Cir.), 739
      – Mich. pension funds, Labor Dep't sues to recover for five firms (N.D. Ill.), 872
      – NYSE former chair accused of failing to completely disclose former CEO's benefit package, 987
      – Offshore firm acting as reinsurance firm breached duty (S.D. Ind.), 917
      – Oneida workers may proceed with claim that corporate mismanagement was breach (N.D.N.Y.), 1086
      – Outlook 2008, 146
      – Processing of stock sale delayed, participant not entitled to lost investment income (E.D. Mich.), 422
      – Profit-sharing plan participant cannot pursue a breach claim against administrator failing to make appropriate contributions (S.D. Ill.), 624
      – “Prudent man” rule key to disclosure responsibility, conference told, 279
      – Public utility directors did not breach duties by failing to tell employees directly that they had decided to sell stock in utility before merger (7th Cir.), 83
      – Ranch constructed with bank funds, failure to disclose was breach (N.D. Ala.), 918
      – Receiver for investment firm may continue breach claim against for misappropriation (N.D. Ill.), 207
      – Removal of labor group as fund settlor not fiduciary act (E.D. Pa.), 1414
      – Residency requirement for continuation coverage after pharmacy plan terminated, no breach (M.D. Pa.), 486
      – Selecting and monitoring target funds, Special Report, 637
      – Self-funded health plan sponsor claims breach by insurance broker (D.N.J.), 1412
      – Seminar planned by Labor Dep't, In Brief, 1072
      – Single equity funds, investment called breach (S.D.N.Y.), 732
      – Standing
        – – Defined contribution plan, former workers who cashed out may bring fiduciary breach claim (4th Cir.), 1506
        – – 401(k), cashed out worker has standing to allege fiduciary breach (U.S., rev den), 579
      – Stock option backdating, Computer Sciences fiduciary breach suit transferred (E.D.N.Y.), 136
      – Teamsters local not fiduciary liable for failing to procure agreement requiring employer to make contributions to jointly-administered pension fund (E.D. Wis.), 1092
      – Transfer adjustment fee, law firm alleges breach by investment managers (N.D. Ind.), 83
      – Undisclosed broker fees, no breach by insurers (D.N.J.), 200
      – Union Carbide spinoff pension plan participants denied demutualization proceeds (D. Conn.), 309
      – Unreinstated striking workers claim benefits directors mislead them into resigning (N.D.N.Y.), 1136
      – US Air former pilots accused PBGC of failing to correct breaches (D.D.C.), 1244
      – Verizon disabled worker (S.D.N.Y.), In Brief, 1160
      – Wal-Mart accused of imprudent investments (W.D. Mo.), 1036
    FINANCIAL ACCOUNTING STANDARDS BOARD (FASB)
      – Ed. Note: This heading covers FASB administration. For information on FASB accounting policies and rulings, see ACCOUNTING.
      – Restructuring of FASB approved, 508; criticized, 509
      – Update webcast, In Brief, 1398
    FIREFIGHTERS
      – Chicago mandatory retirement, no due process violation (U.S., rev den), 138
      – Franklin Park, Ill., liability insurer has no duty to defend village against underfunding claims (7th Cir.), 992
      – Warwick, R.I., not required to pay all medical expenses for disabled police and firefighters (D.R.I.), 322
    FLEXIBLE HOURS
      – Increased benefits reported, 1211
      – Low-income workers, firms urged to offer flexible hours, 904
    FLEXIBLE SPENDING ACCOUNTS (FSAs)
      – Fiduciary duty breached by misleading documents (D.N.J.), 792
      – Standards, In Brief, 34
    FLSA (FAIR LABOR STANDARDS ACT)
      – Severance benefits, SunTrust enjoined from requiring FLSA waiver (N.D. Ga.), 1088
    FMLA
    FOOD AND DRUG ADMINISTRATION (FDA)
      – Budget
        See LEGISLATION, FEDERAL, HR 2764
    FOREIGN PLANS
      See specific countries
    FORMS
      – 200, Notice of Failure to Make Required Contributions, 882
      – 990, Return of Organization Exempt from Income Tax
        – – Definition of “key employee” criticized, 1188
        – – Reporting instructions expected, 556
      – 1040-PR, Puerto Rico version of Self-Employment Tax Return, 1121
      – 1040-SS, U.S. Self-Employment Tax Return, 1121
      – 1099-R, Form 1099-R, distributions from pensions, annuities, retirement, or profit-sharing plans, IRAs, insurance contracts, In Brief, 613; ESOPs must report distributions of dividends, 1388
      – 4461-A, Application for Approval of Master Prototype or Volume Submitter Defined Benefit Plan, 182; changes, In Brief, 765
      – 4797, Sales of Business Property, 1121
      – 5300, Application for Determination for Employee Benefit Plan, Schedule Q, Treasury seeks review, 458
      – 5305A-SEP, Salary Reduction Simplified Employee Pension-Individual Retirement Accounts Contribution Agreement, In Brief, 1490
      – 5307, Application for Determination for Adopters of Master or Prototype or Volume Submitter Plans, In Brief, 187
      – 5309, Application for Determination of Employee Stock Ownership Plan, 971
      – 5329, Additional Taxes on Qualified Plans (Including IRAs) and other Tax-Favored Accounts, 182
      – 5330, Return of Excise Taxes Related to Employee Benefit Plans, 182
      – 5500, Annual plan return
        – – Delinquent filers, Labor Dep't promotes reduced penalty program, 1193
        – – Ky. filing extension, In Brief, 564
        – – Reporting requirements webcast planned by Labor Dep't, 1021
        – – Weather delays deadline, In Brief, 1490
      – 5500-EZ, Annual plan return, inequities cited in letter to IRS, 1108
      – 5558, Application for Extension of Time to File Certain Employee Plan Returns, 182
      – 6406, Short Form Application for Determination for Minor Amendment of Employee Benefit Plan, 187
      – 8717, User Fee for Employee Plan Determination Letter Request, 971
      – 8718, User Fee for Exempt Organization Determination Letter Request, 971
      – 8925, Report of Employer-Owned Life Insurance Contracts, In Brief, 231; 1121
      – 13551, Application to Participate in the IRS Acceptance Agent Program, 458
      – LM-2, union financial statements, revisions proposed by Labor Dep't, 1106
      – LM-3, union annual report, revisions proposed by Labor Dep't, 1106
      – Unions required to file annual form, 1204; AFL-CIO criticizes rule, 1205
      – W-2 instructions corrected, In Brief, 460; corrections announced for 2008, 612
      – W-3 instructions corrected, In Brief, 460; corrections announced for 2008, 612
      – W-4 electronic filing, In Brief, 765
    401(k) PLANS
      – Annuities, increasing role urged, 1273
      – Audit standards, planning key to compliance, Labor Dep't says, 1478
      – Automatic enrollment
        – – Clarification sought, 1105
        – – Difficulties outlined at conference, 1064
        – – FAQ planned by Labor Dep't, 12
        – – Participation, automatic enrolled called important step, 958
      – Bear Stearns failure, company stock resources information under review, 656
      – BNA plans conference, Section 401(k) Plan Fiduciary Compliance: What Plan Sponsors Need to Know, 538
      – Common errors outlined at conference, 965
      – Domestic partners, 401(k) resources offered, 850
      – Fee disclosure, Labor Dep't initiative reviewed at conference, 401; plan sponsors have stake in rules, 1117; rules on track, 1266
      – Growth of plans slows, 1113
      – Investment firm accused of failing to supervise registered securities rep (M.D. Tenn.), 919
      – Mass. revenue agency issues draft directive on contributions, 458
      – Missing signature, beneficiary designation invalid (M.D. Fla.), 1416
      – Previous litigation over loan bars participant's claim (E.D. Mich.), 1095
      – Small business incentives
        See LEGISLATION, FEDERAL, HR 5160
      – Stepdaughter granted benefits of competent deceased participant (D. Minn.), 808
      – Target date strategies, Special Report, 944
    403(B) PLANS
      – Compliance, IRS audits to focus on 403(b) plans, 1184
      – Data sharing at issue, 764; best practices issued, 1111
      – Fee disclosure topic at conference, 1197
      – Ohio Health funds held in 403(b) plan not subject to turnover during debtor's proceeding (Bankr. S.D. Ohio), 310
    FRANCE
      – Stock option reform urged by business group, 459
    FRAUD
      – Backdating of option grants
      – Billing system, UnitedHealth database uses faulty information, N.Y. Atty. Gen. charges, 415
      – Enron
      – ERISA, fraudulent inducement claim against Du Pont not preempted (5th), 475
      – Fee disclosure, guidance from Labor Dep't, Special Report, 380
      – First Databank and McKesson accused of fraudulently stating average wholesale price (D. Mass.), 682
      – Improper price supports and kickbacks, Merck settles (E.D. Pa.), 367
      – Medicare Advantage, fraud by sales agents persists, 354; more regulation possible, 355
      – Part-time employee fired three days after starting accuses firm of misrepresentation (D. Haw.), 1411
      – Securities
      – Switching of prescriptions, Express Scripts settles charges, 1223
      – UNUM accused of mailing falsified video surveillance, RICO claim dismissed (M.D. Pa.), 676
      – Wachovia accused by CalPERS and others of fraud in sale of senior subordinated notes (Cal. Super. Ct.), 1050
    FRINGE BENEFITS
      – Aircraft valuation rates issued by IRS, 609
      – Clearly marked public safety officer vehicles a new type of qualified nonpersonal use vehicle, 1276
      – Cost factor update, In Brief, 663
      – Extension of tax exclusions
        See LEGISLATION, FEDERAL, HR 3970
      – Floor covering firm liable for unpaid contributions (D. Minn.), In Brief, 588
      – Mass. will not follow federal law on fringe benefits and imputed income, 33
      – Meals, IRS issues guidance on deduction limits, 882
      – Taxable Fringe Benefits Guide, In Brief, 292
      – Transportation expenses
      – Vacation pay, Pep Boys plan is ERISA-exempt payroll practice (C.D. Cal.), 1238
    FSAs
    FUNDING
      – Airlines and caterers alternative funding schemes, IRS issues procedures, 8
      – Defined benefit plans
      – Defined benefit plans aggregate assets exceed total liabilities, survey reports, 1395
      – Determination of assets and liabilities, In Brief, 971
      – Pomeroy (D-ND) seeks clarification of Treasury smoothing rules, 339
      – PPA changes, IRS proposes rules on, 908
      – Single-employer defined benefit plans, guidance issued, 833
      – Stock market volatility, strategies offered to address, 1012

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