Foundation Publication Search Results

These summaries were compiled from Foundation Publications Search, a database of articles, research reports and books published by the International Foundation and the International Society of Certified Employee Benefit Specialists.


Complaint Alleging Excessive Recordkeeping Fees Survives Dismissal.
Benefits Magazine; v55 no2 pp 53, 55 Feb 2018; journal article

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Abstract : The U.S. District Court for the District of Minnesota denies the motion by the defendant medical facility corporation to dismiss claims of breach of fiduciary duty concerning recordkeeping fees. The claims were brought by plaintiff retirement plan participants.
[0200879]

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Stock Challenge Dismissed Even After Bank Scandal.
Benefits Magazine; v55 no2 pp 63, 65 Feb 2018; journal article

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Abstract : The U.S. District Court for the District of Minnesota grants the motion by the defendant bank to dismiss complaints by plaintiff retirement plan participants concerning fiduciary breaches related to the recent announcement of unethical sales practices and the resulting drop in stock prices.
[0200884]

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The Universe of the University Cases: A New Approach to ERISA Enforcement.
Solomon, Todd; Rickard, Emily; Nemeth, J. Christian; Benefits Magazine; v55 no2 pp 44-49 Feb 2018; journal article

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Abstract : Class action lawsuits alleging fiduciary breaches have been filed against 16 private universities with regard to their Section 403(b) plans. The authors explain the implications of these lawsuits for defined contribution plan sponsors.
[0200876]

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Court Grants Class Certification in 401(k) Challenge.
Benefits Magazine; v55 no1 pp 46, 48 Jan 2018; journal article

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Abstract : The U.S. District Court for the Southern District of New York grants the motion by the plaintiff current and former 401(k) plan participants for class certification in a putative class action alleging that the defendant employer and plan fiduciaries violated the Employee Retirement Income Security Act of 1974 (ERISA).
[0200833]

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Participants Win Class Certification in 401(k) Plan Challenge.
Benefits Magazine; v55 no1 pp 47-48 Jan 2018; journal article

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Abstract : The U.S. District Court for the Middle District Court of North Carolina grants the plaintiff 401(k) plan participants' motion for class certification as they advance claims that the defendant plan fiduciary breached its duties under the Employee Retirement Income Security Act of 1974 (ERISA).
[0200834]

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Recordkeeping, Active Management Claims Move Forward.
Benefits Magazine; v55 no1 pp 54, 56 Jan 2018; journal article

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Abstract : The U.S. District Court for the Southern District of New York dismisses the plaintiff retirees’ Employee Retirement Income Security Act of 1974 (ERISA) claims against the defendant university retirement plans regarding large investment lineups and retail share classes but advances claims regarding multiple recordkeepers and actively managed funds.
[0200838]

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Select Claims by University 401(k) Plan Participants Move Forward.
Benefits Magazine; v55 no1 pp 49-50 Jan 2018; journal article

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Abstract : The U.S. District Court for the District of Massachusetts allows in part and denies in part the motion by the defendant university to dismiss claims by plaintiff 401(k) plan participants alleging a breach of fiduciary duties and prohibited transactions under the Employee Retirement Income Security Act of 1974 (ERISA).
[0200835]

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401(k) Participant Not an Adequate Representative of Absent Plan Participants.
Benefits Magazine; v54 n12 pp54, 55 Dec 2017; journal article

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Abstract : The U.S. District Court for the Eastern District of Pennsylvania grants the motions for judgment on the pleadings by the defendant former employers and retirement plan against the plaintiff former construction worker.
[0200800]

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Employees Fail to Allege Sufficient Facts in Stock Loss Lawsuit.
Benefits Magazine; v54 n12 pp 59, 61 Dec 2017; journal article

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Abstract : The U.S. District Court for the Western District of Oklahoma grants the motion by the defendant natural gas company to dismiss consolidated class action claims by plaintiff 401(k) plan participants concerning stock losses after the plaintiffs failed to meet special circumstances required by a recent U.S. Supreme Court decision.
[0200803]

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Fiduciaries Liable for Breaching Duties on 401(k) Investments.
Benefits Magazine; v54 n12 pp 48, 50 Dec 2017; journal article

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Abstract : The U.S. District Court for the Central District of California finds the defendant public utility holding company is liable for breaching its fiduciary duty to monitor plan investments under the Employee Retirement Income Security Act of 1974 (ERISA) by not replacing retail-class mutual fund shares with lower cost institutional-class shares.
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Other Recent Decisions.
Benefits Magazine; v54 n12 pp 65-68 Dec 2017; journal article

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Abstract : Summarizes cases on benefit reduction, benefit denial, fiduciary duties, retirement benefits and benefit denial.
[0200807]

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Proposed Alternative Actions Fail in 401(k) Stock Challenge.
Benefits Magazine; v54 n12 pp56, 58 Dec 2017; journal article

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Abstract : The U.S. District Court for the Western District of Texas grants the motion by the defendant board of directors for a supermarket chain to dismiss an amended complaint by the plaintiff 401(k) plan participant concerning a breach of fiduciary duties under Section 502 of the Employee Retirement Income Security Act of 1974 (ERISA).
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Retail Corporation Defeats Lawsuits Concerning Stock Losses.
Benefits Magazine; v54 n12 pp 57-58 Dec 2017; journal article

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Abstract : The U.S. District Court for the District of Minnesota grants motions by the defendant retail corporation to dismiss plaintiff shareholders' complaints brought under the Securities Exchange Act of 1934 and the Employee Retirement Income Security Act of 1974 (ERISA).
[0200802]

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Millennials and Money: Five Steps for Helping Younger Employees.
Harrison, Brenton; Benefits Magazine; v54 no11 pp 40-45 Nov 2017; journal article

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Abstract : With record levels of student debt and a tendency to switch jobs more frequently, Millennials face a set of financial challenges that may differ from other age groups. The author offers tips for employers to help Millennial workers address these obstacles.
[0200753]

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401(k) Participants Win Class Certification Challenging In-House Funds.
Benefits Magazine; v54 no10 pp 62, 65 Oct 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Central District of California grants the plaintiff employees' motion for class certification in their lawsuit against the defendant life insurance company employer regarding the high-fee, in-house mutual funds of their 401(k) plan.
[0200739]

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Class Action 401(k) Challenge Fails to Show Loss.
Benefits Magazine; v54 no10 pp 59-60 Oct 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the District of Massachusetts rules in favor of the defendant asset management company in a case brought by plaintiff former employees alleging breach of fiduciary duties under the Employee Retirement Income Security Act of 1974 (ERISA).
[0200737]

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Lack of Meaningful Benchmark Defeats 401(k) Plan Lawsuit.
Benefits Magazine; v54 no10 p 67 Oct 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the District of Minnesota grants the motion by the defendant employer to dismiss a lawsuit brought by the plaintiff employee alleging a breach of fiduciary duty regarding a 401(k) plan with poorly performing and expensive funds affiliated with the employer after the plaintiff failed to provide a meaningful benchmark.
[0200743]

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401(k) Participants Lose Case Over Declining Stock.
Benefits Magazine; v54 no9 pp 59, 60 Sep 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Central District of California grants the motion by the defendant entertainment company to dismiss the plaintiff plan members' second amended complaint challenging losses by the company 401(k) plan.
[0200700]

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What's Working: Winning By Losing...Debt.
Bergstrom, Kathy; Benefits Magazine; v54 no9 pp 10-12 Sep 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : In their work helping customers apply for and qualify for home loans, employees at Movement Mortgage get a front-row view of the impact poor financial decisions can have on people's lives.
[0200688]

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Claims Time-Barred Due to Actual Knowledge.
Benefits Magazine; v54 no8 p 58 Aug 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Northern District of California determines that the plaintiff former employees' claims against the defendant computer company for imprudent investments and inadequate disclosures were time-barred under the statute-of-limitations provisions for fiduciary matters under the Employee Retirement Income Security Act of 1974 (ERISA).
[0200665]

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ERISA Plan Beneficiary Not Changed by Substantial Compliance.
Benefits Magazine; v54 no8 p 56 Aug 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Middle District of Florida denies the plaintiff's claim for benefits as the beneficiary of a deceased plan participant because the decedent did not strictly comply with plan requirements to change her beneficiary designation and the courts do not recognize the doctrine of substantial compliance with respect to the Employee Retirement Income Security Act of 1974 (ERISA).
[0200663]

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Other Recent Decisions.
Benefits Magazine; v54 no8 pp 60-62 Aug 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Summarizes cases on embezzlement, retirement benefits, arbitration, fiduciary duties and benefit litigation.
[0200667]

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Ninth Circuit Remands Case to Decide Issue of Duty to Monitor Investments.
Benefits Quarterly; v33 no3 pp 69-70 3rd Qtr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Ninth Circuit Court of Appeals revives a lawsuit against the administrators of the 401(k) plan offered by Edison International. Following a Supreme Court decision that retirement plan administrators have a continuing duty to monitor plan investments, a panel from the Ninth Circuit held that the beneficiaries forfeited any duty-to-monitor argument. Rehearing the case, however, the full court decided that it was Edison that forfeited the duty-to-monitor argument.
[0200679]

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No ERISA Violation Where Bank Retained No Profit.
Benefits Magazine; v54 no7 p 65 Jul 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Western District of North Carolina holds that the plaintiff employees of the defendant bank were unable to prove that the bank profited from a transaction that restored its defined benefit cash balance plan to an individual account plan, rendering moot the plaintiff's claim for equitable relief.
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Other Recent Decisions.
Benefits Magazine; v54 no7 pp 67-69 Jul 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Summarizes cases on claims procedures, AD&D benefits, fiduciary duties, retirement benefits and benefit designation.
[0200633]

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