Pension & Benefits Reporter Index-Summary

SAME-SEX MARRIAGE

See also DOMESTIC PARTNERS
– Cal. ban violates state constitution (Cal.), 1135
– CRS reports on benefits not subject to requirements, 74
– Mich. marriage amendment bars public employee benefits for same-sex partners (Mich.), 1083
– N.Y. community college must provide spousal benefits (N.Y. App. Div.), 364

SCHIP

See STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

SEC

See SECURITIES AND EXCHANGE COMMISSION (SEC)

SECURITIES

– China, stock awards create uncertainties, Analysis & Perspective, 1161
– Diversification requirements for employer securities, IRS proposes rules, 69
– Enron shareholders fraud claims blocked (U.S., rev den), 256; discussed at conference, 341
– Federal Signal Corp. insider trading blamed for lost benefits (N.D. Ill.), 1086
– Foreign securities and currencies, Labor Dep't issues guidance on bank holding indicia of ownership, 835
– Funding of plans, strategies offered to address stock market volatility, 1012
– Labor Dep't exemptions, 24; 186; 186; 1071; 1120
– Loss on sale of stock by individual, IRS issued ruling on IRAs, 9
– New model rule on senior certifications issued by administrators group, 848
– Ohio, Freddie Mac target of class securities claim (N.D. Ohio), 254
– Senior investors, SEC and joins in initiative to protect, 407
– Tyco to settle N.J. fraud charges (D.N.H.), 1042
– Underwriter exemptions not violated, bank not affiliated with other parties in securization of commercial mortgage loans, 287
– “Wash sale” rule, IRS clarifies, Special Report, 170

SECURITIES AND EXCHANGE COMMISSION (SEC)

– Mutual funds

See MUTUAL FUNDS

– Securities

See SECURITIES

– Stock options

See STOCK OPTIONS

SEVERANCE BENEFITS

– Adversely altering job, resigning employee may seek severance (N.D. Cal.), 873
– Attorney's counteroffer letter to plan sponsor exhausted administrative remedies (W.D. Mich.), 1256
– Break-in-service rule, consistent application at issue (W.D.N.Y.), 429
– Bristol-Myers Squibb worker ineligible for severance benefits is not entitled to enhanced early retirement benefits (W.D.N.Y.), 1092
– Comparable pay offered, severance denied (7th Cir.), 1039
– Consolidation of operations, benefits improperly denied (4th Cir.), 1156
– Delta Air Lines offers buyouts, 657
– ERISA

– – Celanese Corp., former employee's claims preempted (D.N.J.), 990
– – Increase sought, former exec's claim preempted (S.D.N.Y.), 319
– – Phelps Dodge termination of severance plan after acquisition by another firm no violation (9th Cir.), 1092
– – Terminated worker not entitled at time of employment (E.D. Mo.), 1254

– Ford announces buyout offer, 229
– Level 3 Communications exec's claim remanded for administrative review (N.D. Okla.), 250
– Qwest offers buyouts, 657
– Successor employer

– – Former employees may be entitled to benefits if they substantially performed employment contracts before severance plan amended (D. Del.), 47
– – Offered job, severance denied (S.D. Ala.), 373

– SunTrust enjoined from requiring FLSA waiver (N.D. Ga.), 1088
– Unocol elimination of stock options, enhanced benefits denied (S.D. Tex.), 683

SICK LEAVE

– Federal employees, CRS offers options to reduce, 721
– Low-income workers, firms urged to offer sick leave, 904

SMALL BUSINESSES

– Ala. health insurance premium deductions, bill signed, 1405
– House panel hears governors on reforms and small businesses, 516
– Missed contribution reporting, PBGC issues technical update waiving, 704
– N.H. mandate approved, 1132
– N.Y. small businesses to get premium refunds from Oxford Health, 1288
– Pools

See LEGISLATION, FEDERAL, HR 6210, S 2795

– Simplification and parity urged in policy, 1274
– S.C. House approves purchasing pools, 303; signed, 466
– Tax responsibilities, In Brief, 972
– Video offered by Labor Dep't, In Brief, 854
– Wash. subsidies bill passed, 670

SOCIAL SECURITY

– Ed. Note: This heading refers to Social Security benefits and trust fund generally. For information on reform, see SOCIAL SECURITY REFORM.
– CRS reports on taxable base, In Brief, 348
– Medicare premiums assuming larger share of Social Security benefits, 296
– Public employees

See LEGISLATION, FEDERAL, HR 2772, S 1647

– Same-sex marriage, CRS reports on benefits not subject to requirements, 74
– Savings and Social Security, CRS reports, In Brief, 231
– Unsustainable, Treasury secretary says, 705
– Wis. tax exemption announced, 896

SOCIAL SECURITY ADMINISTRATION (SSA)

– Acting deputy commissioner, In Brief, 1214

SOCIAL SECURITY REFORM

– Earning cap repeal, receipts estimated by Tax Policy Center, 73
– Increased employment of older workers, Social Security key, forum told, 227
– Issue brief from Treasury provides benchmarks for assessing reform proposals, 110
– Outlook 2008, 163
– Personal accounts

– – Analysis by Treasury released, 890
– – Hagel (R-Neb) bill

See LEGISLATION, FEDERAL, S 2765

– – Ryan (R-Wis) would allow diversion of contributions to individual accounts, 1201; mentioned at conference, 1202

– Update issued by CRS, 891

SOUTH CAROLINA

– Small business purchasing pools, House approves, 303; signed, 466
– Teachers retire/rehire program, breach of contract award attorneys' fees cut (S.C.), 431

SPAIN

– Tax deduction approved for pensioners, wage-earners, self-employed, 1213

SPECIAL REPORTS

– Annuities proposed for enhancing retirement security, 1521
– BNA employer collective bargaining survey, 1163
– Fee disclosure, guidance from Labor Dep't, 380
– Fiduciary duty

– – Investment advisory fees, 927
– – Selecting and monitoring target funds, 637

– Flat-rate premium increase, termination premium, and small employer VRP cap implemented by PBGC, 54
– §401(k) plan target date strategies, 944
– PPA funding rules, 433
– “Wash sale” rule, IRS clarifies, 170

SPOUSES

– Common law marriage not legal in La., benefit denied (5th Cir.), 626
– “Contingent annuity,” widow's claim rejected (W.D.N.Y.), In Brief, 751
– ERISA

– – Death benefit annuity, no preemption of widow's claim (D. Conn.), 312
– – United Way chief's estranged wife denied benefits (S.D.N.Y.), 923

– Falsely claimed woman as wife, administrator may seek reimbursement of benefits (W.D. Wash.), 248
– Federal employees, CRS reports on rights of former spouses, 892
– Miscalculation does not entitle widow to greater survivor benefits (N.D. Ill.), 316
– Prenuptial agreement breach, jurisdiction absent (W.D. Pa.), 746
– Prenuptial agreement, surviving spouse did not waive 401(k) benefits (E.D. Wis.), 85
– Reduction of benefits based on Social Security illegal (S.D. Ohio), 797
– Same-sex

See SAME-SEX MARRIAGE

STANDING

– Anti-assignmernt clause, no recovery for dialysis (M.D.N.C.), 146
– Electrical workers union has standing to arbitrate retiree health benefit changes (S.D.N.Y.), 1088
– Fiduciary duty

– – Cashed out worker has standing to allege fiduciary breach (U.S., rev den), 579
– – Defined contribution plans, former workers who cashed out may bring fiduciary breach claim (4th Cir.), 1506
– – Full distribution taken before alleged breach, no standing (2nd Cir.), 35

– HMO participants lack standing to seek reimbursement for copayment overcharges (E.D. Mo.), 1255
– Outlook 2008, 146
– Post-filing assignment, physician may pursue benefits (D.N.J.), 801
– Professional employer organization lack standing to pursue benefit claim (4th Cir.), 914
– Self-pay requests denied by HMOs, employer lacks standing to sue (E.D. Pa.), 1043

STATE AND LOCAL GOVERNMENT PLANS

– Alaska, pension bonds approved, 852
– Ark., Benton must pay premiums for 29 retirees (8th Cir.), 312
– California

– – Blueprint to meet obligations offered by bipartisan commission, 111
– – Corona, extra salary as department general manager not part of pension calculation (Cal. Ct. App.), 52
– – Corporate governance, CalPERS names worst under-performers, 710; calls for more diversity in corporate boards, 964
– – Medicare, CalPERS subsidies announced, 1031
– – Municipal bond rating methods, CalPERS joins reform effort, 662
– – Post employment benefits bill approved, 1278
– – Private sector worker participation in CalPERS proposed, 851
– – Transparency and anti-fraud proposals considered, 289
– – Wachovia accused by CalPERS and others of fraud in sale of senior subordinated notes (Cal. Super. Ct.), 1050

– Compliance discussion planned by IRS, 606
– Explanation of funding, administrators group writes to Congress, 1483
– Illinois

– – Pension obligation bonds proposed by governor, 458
– – Underfunding reported, 660

– Iowa collective bargaining bill vetoed, 1118
– Kentucky

– – Disability plan, EEOC ADEA suit (U.S., oral arg), 132; pension plan providing more generous benefits to workers who become disabled before reaching the plan's normal retirement age no ADEA violation (dec), 1504
– – Special General Assembly session to consider reform, 1487

– Mich., Tyco sued by Atty. Gen. over losses (E.D. Mich.), 427
– New Jersey

– – Iranian investment ban signed, 113
– – Securities fraud, Tyco to settle charges (D.N.H.), 1042

– New York

– – Overpayments to health providers reported, 75
– – Pre-funding other post-employment benefits, savings estimated, 1118

– Ohio

– – Freddie Mac target of class securities claim (N.D. Ohio), 254
– – Greene County domestic violence agency director may buy service in public employee retirement system (Ohio Ct. App.), 537

– Pa., port authority elimination of excess pension benefit upheld (W.D. Pa.), 920
– Police

See LAW ENFORCEMENT PERSONNEL

– Tenn. reform bill signed, 853
– Trends

– – Access to benefits, survey reports, 709
– – Costs of public pensions estimated over 30 years, 14
– – Defined contribution plans considered, 1222
– – Faulty compliance procedures reported by SEC, 554
– – Funding levels

– – – Brief released, 892
– – – Resources and unfunded liability reported by GAO, 508
– – – Variation reported, 1070

– – Taxation, IRS to apply more scrutiny, 960

STATE AND LOCAL TAXES

– Cal. IRAs, taxpayers told to use correction instruction for deduction, 852
– Georgia

– – Break for retirees sought by governor, 184
– – High-deductible health plan tax credit approved, 909; signed, 1082

– La. PX employee plan is federal plan exempt from state income tax, official rules, 458
– Me. health program funding package raises beverage taxes, 909
– Minn. health insurance tax credit bill signed, 1291
– Mo. military pension tax exemption, In Brief, 187; House approves, In Brief, 972; Senate approves, In Brief, 1072
– N.Y. budget calls for tax hike for HMOs, 241; tax hike opposed, In Brief, 416
– Utah health care tax credit for self-employed approved, 621
– Wash. CHAMPUS income deducted from hospital's state business tax (Wash. Ct. App.), 924

STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

– Additional funding released by CMS, 29
– Adults comprise most spending in 9 states, GAO reports, 29
– Budget 2009 proposal would increase allotment, 357; House resolution markup begins, 570
– “Crowd out” of private insurance, CMS directive

– – Academics support N.J. challenge (D.N.J.), 875
– – Clarification issued by CMS, 1073
– – Democratic governors want new policy rescinded, 515; House Democrats criticize, 1125
– – Legislation to block

See LEGISLATION, FEDERAL, HR 5998

– – May cost children coverage, 295

– Extension

See LEGISLATION, FEDERAL, S 2499

– Guidance from CMS criticized in Senate, 857
– Limits on enrollment opposed by Hill Democrats, In Brief, 242; CMS accused of exceeding authority, 979
– Reauthorization legislation

See LEGISLATION, FEDERAL, HR 3963

– Unlimited penalties can be assessed under new Medicare secondary payer law, 411
– Waivers for states, Democratic senators want more public comment, 1497

STATUTES OF LIMITATIONS

– Brick Faced Concrete Walls delinquent contributions, funds attempt to collect not time-barred (E.D. Mich.), 1045
– ERISA

– – Benefits interference claim time-barred (E.D. Mo.), 631
– – Disability benefits, limitations period tolled during appeal (D.D.C.), In Brief, 1051
– – Fiduciary duty, statute of limitations does not apply to notice claim (W.D. Tex.), 794

– Evergreen clause, fund not time-barred from seek contributions from employer (N.D. Ohio), 320
– Fiduciary duty

– – Disability benefits, appropriate claim forms not provided, breach claim time-barred (D. Minn.), 373
– – ERISA, not-for-profit firm not time-barred from pursuing ERISA over receiving and using funds (E.D.N.Y.), 1301
– – Lucent accused of misleading workers into accepting early retirement, claim time-barred (6th Cir.), 739
– – Margin loans and failure to diversify investments, breach claim time-barred (N.D. Tex.), 419

– Gas and electric workers time-barred from challenging contractor status (3rd Cir.), 806
– Gucci worker claim time-barred (D. Or.), 487
– Long-term care, claim for benefits time-barred (E.D.N.Y.), 249
– Miscalculation of retirement benefits, claim time-barred (W.D. Ark.), 212
– Top hat plan, employee time-barred from challenging exclusion (Pa. Super. Ct.), 802

STEEL INDUSTRY

– AK Steel settlement with retirees approved, VEBA trust created (S.D. Ohio), 522
– ASARCO retirees can arbitrate benefits (9th Cir.), 127
– Republic Tech workers pensions reduced after PBGC adjustment, 1269
– Workers' comp, health fund may assert lien over settlement (N.D. Ill.), 990

STOCK

See SECURITIES; STOCK OPTIONS

STOCK OPTIONS

– Accounting, IASB releases amended standard, 184
– Accounting, stock options must be included in cost sharing, IRS says, 653
– AT&T cashed out options may include future time value (Del.), 1241
– Backdating

– – Analog Devices, firm and CEO to settle charges (D.D.C.), 1305
– – Argo, ex-CFO sentenced and fined (S.D.N.Y.), 314
– – Broadcom

See COMMUNICATIONS INDUSTRY

– – Brocade Communications

See COMMUNICATIONS INDUSTRY

– – Coffeeshop shareholder's claim dismissed (N.D. Cal.), 420
– – Computer Sciences fiduciary breach suit transferred (E.D.N.Y.), 136
– – Extent of backdating reported by CRS, 105
– – Getty Images, shareholder derivative suit may proceed (W.D. Wash.), 41
– – KLA-Tencor and Juniper lawyer, some SEC claims dismissed (N.D. Cal.), 1152
– – Mercury Intl. former CFO indicted (N.D. Cal.), 995
– – Monster Worldwide former CEO reaches deferred prosecution agreement with DOJ (S.D.N.Y.), 256; former execs charged, 1047
– – Staples execs, charges dismissed (D. Mass.), 125
– – Tier II status announced by IRS, 966
– – UnitedHealth CEO's stock options, bar on release lifted (D. Minn.), 87
– – UTStarcom charges dismissed (N.D. Cal.), 1047

– Charitable stock donations, benefits affected by inside information, study reports, 557
– Comments sought by IRS, In Brief, 1398
– Corporate information returns, IRS waives for some transfers, 10
– France, reform urged by business group, 459
– Unocol elimination of stock options, enhanced benefits denied (S.D. Tex.), 683
– Valuation, SEC releases guidance, 11

SUBROGATION

– Auto accident, constructive trust and lien granted on settlement funds (E.D. Wis.), 209
– Release of rights did not excuse participant from exhausting administrative remedies (D. Minn.), 792
– Wal-Mart plan denial of benefits to beneficiary who refused to sign subrogation agreement upheld (E.D. Ark.), 211

SUPREME COURT, U.S.

– Actuaries, adoption of new assumptions illegally reduced benefits (brief filed), 1140; (rev den), 1409
– ADEA, coordination of employer plans with Medicare, EEOC exemption upheld (rev den), 728
– Bankruptcy, Floors by Bucci president's personal bankruptcy, can discharge debts firm owes to pension fund (rev den), 1413
– Disability benefits

– – Cardiomyopathy, administrator arbitrarily ignored physician's reports (rev sought), 243; brief being drafted, 748
– – Law firm partners plan governed by ERISA (rev den), 481
– – No jurisdiction to review lower court remand (rev den), 680
– – Restatement ordered, participant not given chance to respond to basis for termination decision (rev den), 208
– – Standard of review, plan language does not clearly indicate administrator's discretion (oral arg), 982; insurers that fund and administer plans, dual role is conflict of interest (dec), 1501

– Enron shareholders securities fraud claim, banks not fiduciaries (rev den), 256; discussed at conference, 341
– ERISA

– – COLA exclusion from lump sum payout improper (rev den), 678
– – Minors' right to insurance proceeds, state court authority not preempted (U.S., rev den), 581
– – Miscalculation of benefits, claim preempted (rev den), 482
– – Unsafe workplace claim not preempted (U.S., rev den), 1304
– – Vesting, 95-hour equivalency rule for determining service credit applies (rev den), 207
– – Whipsaw calculation not used, plan sponsor illegally forfeited benefits (brief sought), 1406

– Fiduciary duty

– – Coal firm did not breach duty in statements about effect of merger on benefits (rev den), 1513
– – Defined contribution plan participant has ERISA remedy for breach (dec), 467; CRS reports, In Brief, 587; panelists comment on effect on litigation, 865
– – Equitable relief denied to widow (U.S., brief sought), 576; brief filed, 1230; (brief filed), 1298
– – ERISA, rollover without spousal consent, trustee may have breached duty (U.S., rev den), 479

– Firefighters, Chicago mandatory retirement, no due process violation (rev den), 138
– Investment advisory fees, 2 percent floor on miscellaneous itemized deductions applies (dec), 337; Special Report, 927
– Ky. disability plan, EEOC ADEA suit (U.S., oral arg), 132; pension plan providing more generous benefits to workers who become disabled before reaching the plan's normal retirement age no ADEA violation (dec), 1504
– “Make-whole” doctrine no bar to self-funded health plan from obtaining full reimbursement from personal injury settlement (rev den), 679
– QDROs, saving and investment plan benefits no waived by ex-wife (rev grant), 472; saving and investment plan benefits no waived by ex-wife (brief filed), 1245
– S.F., employer insurance contribution mandate preempted by ERISA (vac sought), 421; denied (dec), 478; Chao argues for preemption (brief filed), 785
– Supervalu improperly entered pact with union to terminate collective bargaining agreement (rev den), 480
– Withdrawal, cattle ranch liable for trucking firm's liability (rev den), 137

SWEDEN

– Pension tax reform, proposal would conform to EU rules on free movement of people and capital, 511