Monthly Archives: February 2008

Form 5500 Information Coming Soon to a Website Near You

With 5500 season about to start, now is a good time to take another look at Section 504 of the Pension Protection Act. Section 504 is the requirement that, for plan years beginning after December 31, 2007, the plan sponsor … Continue reading

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U.S. Supreme Delivers Decision in LaRue on Recovery for Fiduciary Breaches

The U.S. Supreme Court has issued a decision in LaRue v. DeWolff, Boberg & Assoc. Inc., No. 06-856 (Feb. 20, 2008). (Hat tip to SCOTUSblog.) Numerous articles will be written in the next couple of days and months about the … Continue reading

Posted in 401(k), Litigation | 1 Comment

IRS Settles Debate Over March 15th or March 17th

With March 15th, 2008, falling on a Saturday, there has been an ongoing debate over whether March 15th is the applicable deadline, or whether the deadline automatically is extended to Monday, March 17th. In the latest edition of Retirement News … Continue reading

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Compelling Decision From Court in CIGNA Cash Balance Class Action Case

Difficult, time-consuming, and expensive litigation with uncertain results – such as this case represents – is assuredly not a sensible way to manage the Nation’s retirement system for either employers or employees. – Judge Mark R. Kravitz U.S. District Judge, … Continue reading

Posted in Cash Balance, Litigation | 1 Comment

Supreme Court May Hear San Francisco ERISA Healthcare Case

SCOTUSblog is reporting that Supreme Court Justice Anthony M. Kennedy has asked the city of San Francisco to respond to a plea by the Golden Gate Restaurant Association in their application that San Francisco’s Health Care Security Ordinance is pre-empted … Continue reading

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Making a Bad Situation Worse: An -11g Corrective Amendment Allocating to a Non-Vested Terminated Employee

When a plan fails the minimum coverage requirements of Code section 410(b), or the nondiscriminatory amount requirement of Treasury Regulation 1.401(a)(4)-1(b)(2), or the nondiscriminatory plan amendment requirement of Treas. Reg. 1.401(a)(4)-1(b)(4), the IRS permits the plan sponsor to adopt a … Continue reading

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Welcome to the Neighborhood – Two New ERISA-related Blogs

There are two new ERISA-related blogs worth checking out: 1. The attorneys of Baker & Daniels have launched an excellent new blog named the Benefits Biz Blog. Today, Bob Toth discusses Privacy and the New 403(b) Rules. 2. Aaron Juckett … Continue reading

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April 23rd is MetLife Day at U.S. Supreme Court

The oral argument calendar for April has been released by the U.S. Supreme Court, and MetLife v. Glenn is scheduled for April 23rd, 2008. It is one of two cases scheduled for that day – the other case is Meacham … Continue reading

Posted in Cafeteria Plans, Litigation | 1 Comment

More Form 5500 Information Available on the Internet

The New York Times published an interesting article on Feb. 3rd, 2008, about information derived from filed Form 5500s published on a couple of websites. Mary Williams Walsh, in Trying to Clear Fog From Pension Plans, discusses the requirement in … Continue reading

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IRS Discusses 3 Accrual Rules of 411(b)(1) in Rev. Rul. 2008-7

On Friday, the IRS issued Revenue Ruling 2008-7, discussing the backloading rules for pension plans and Code section 411(b)(1). In 21 pages, the IRS provides an analysis of a traditional pension plan which converted into a cash balance pension plan … Continue reading

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