Benefits & Compensation Legal & Legislative Reporter

Benefits & Compensation Legal & Legislative Reporter, a Foundation member service, is a monthly newsletter that reviews legislative developments, court cases, arbitration awards and administrative decisions affecting the employee benefits field. It also reports on benefits-related activities of Congress and government agencies. Benefits & Compensation Legal & Legislative Reporter is also available by subscription.

2008 Index

January 2009

Digital Edition
  • Defendants Liable for Failure to Transfer Funds to 401(k) Plan
  • No ERISA Claim Without Evidence of ERISA Benefits Plan
  • Employer Liable for FICA Taxes on Contributions to Employer’s Retirement Plans
  • Plaintiffs’ ERISA Claims Permitted as Separation Benefits Plan Is Deemed an ERISA Plan
  • Employer Plan Overcharged Participants for Health Premiums in Violation of ERISA
  • Successor Plan Administrators Have Standing to Recoup Overpayments
  • Denial of Disability Benefits Arbitrary and Capricious
  • Administrator Cannot Offset Benefits Provided Under Top-Hat Plan
  • Court Affirms Denial of Long-Term Disability Benefits
  • Washington Update: IRS Announces 2009 Limitations on Qualified Plan Benefits and Contributions
  • Plaintiffs Permitted to Proceed With ERISA and State Claims Regarding Denial of Treatment
  • Plaintiffs may proceed with their claim regarding denial of mental health treatment services
  • Other Recent Decisions

    Printable Issue [PDF]

December 2008

Digital Edition
  • Plan Administrator Reasonably Applied Offset and Recoupment Provisions
  • Rulings Regarding Unpaid Contributions and Bankruptcy Proceedings Upheld
  • Unvested Retiree Health Benefits Eliminate Jurisdictional Standing
  • Court Orders Retiree Medical Benefit Grievance to Arbitration
  • QJSA Surviving Spouse Benefits Vest at Retirement and Cannot Be Reassigned
  • No Significant Detriment to Participants Given Lump-Sum Distribution Option
  • Denial of Payment of Life Insurance Benefits Was Unreasonable
  • Death Deemed Nonaccidental and Accidental Death Benefits Are Not Payable
  • Washington Update: Mental Health Parity and Addiction Equity Act
  • Legislative Scorecard
  • Other Recent Decisions

Printable Issue [PDF]

November 2008

  • Health Care Provider’s Claims Against ERISA Plan Not Preempted by ERISA
  • Court Considers WARN Act Violations
  • Defendant Provided Reasonable Interpretation of Plan Provisions
  • CBAs Require Arbitration of Dispute
  • Plaintiff Detrimentally Relied on Inaccurate Pension Benefit Representations
  • Court Affirms Dismissal of Retaliatory Discharge Claim
  • Termination Caused Forfeiture of Stock Option Rights
  • Washington Update: IRS Issues Revised Plan Voluntary Correction Program
  • Company Entitled to Terminate Pensioner Death Benefit
  • Other Recent Decisions

Printable Issue [PDF]

October 2008

  • Plaintiff’s Claim for Benefits Under Terminated Plan Fails
  • Plaintiffs Lack Jurisdiction for Anticipatory Suit of Declaratory Judgment
  • Cash Balance Plans Do Not Violate Age-Based Reduction Rules
  • ERISA Applicable to Early Retirement Benefit .
  • District Court Must Reconsider ERISA Claims Procedures Violations
  • Denial of Disability Benefits Supported by the Record .
  • District Court Decision Premature Without Plan Administrator Ruling .
  • Court Grants Motion for Class Certification
  • Washington Update: DOL Issues FAQs Regarding Form 5500 Schedule C Reporting Requirements
  • Legislative Scorecard
  • Other Recent Decisions

    Printable Issue [PDF]


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