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Home > Resources > News & Information > Magazines and Newsletters > Benefits & Compensation Legal & Legislative Reporter > June 2008

June 2008

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Court Affirms Denial of Accidental Death and Dismemberment Benefits
The Fifth Circuit affirms the denial of accidental death and dismemberment benefits to a plaintiff after her husband was killed in an alcohol-related car accident.

Plan Requires Contributions on Behalf of Nonunion Employees
The Ninth Circuit reverses and remands a decision after finding that a defendant employer was required to make contributions to a plaintiff pension plan on behalf of nonunion employees.

Court Finds Intent to Vest Retiree Health Benefits
The Sixth Circuit concludes relevant labor agreements established an intent to vest retiree health benefits.

Plaintiff Fails to Establish Qualified Spouse Status Under Pension Plan
The Fifth Circuit finds that a plaintiff does not qualify for surviving spouse benefits.

Breach of Fiduciary Duty Claim Time Barred
The Sixth Circuit affirms a motion to dismiss based on the statute of limitations.

Procedural Irregularities Do Not Affect Benefits Denial
The Eighth Circuit affirms a plan’s denial of benefits despite procedural irregularities.

Negligent Misrepresentation Claims Not Preempted by ERISA
The Alaska Supreme Court finds that claims of negligent misrepresentation regarding coverage under an ERISA welfare trust fund were not preempted by ERISA.

Court to Further Consider Collection of Exit Contributions
A district court denies a defendant’s motion to dismiss and a plaintiff’s motion for summary judgment regarding a collection of exit contributions following a complete withdrawal.

Pension Plan Reasonably Denied Pension Credits
The district court grants the defendant pension plan’s motion for summary judgment after concluding that its decision denying pension credits to plaintiffs was not arbitrary and capricious.

Washington Update: DOL Releases Model Notice for Multiemployer Defined Benefit Plans in Critical Funding Status

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June 2008