Pension Protection Act Blog

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 will display information from Form 5500 on an Intranet website maintained by the plan […]

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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 meaning and impact of LaRue. More immediate concerns raised by LaRue are […]

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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 for Employers, Vol. 4, Winter 2008, released last Friday, February 15, 2008, by the IRS, the […]

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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, District of Connecticut
February 15, 2008

A partial decision is in from the […]

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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 by ERISA. Justice Kennedy gave the city of San Francisco until 5pm next Wednesday […]

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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 corrective retroactive amendment to correct any of these failures.
Often, the corrective amendment design which provides […]

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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 of ESOP Insourcing LLC has launched The One-Stop ESOP Blog, providing in-depth information […]

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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 v. Knolls Atomic Power Laboratory about the burden of persuasion under the ADEA. […]

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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 the Pension Protection Act which classifies troubled pension plans with the label of “at […]

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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 prior to the effective date of the new conversion requirements under the Pension Protection […]

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