Supreme Court broadens actions available under ERISA s. 510 to include both welfare and pension plans
Article Abstract:
The US Supreme Court ruled in Inter-Modal Rail Employees Ass'n v. Atchison, Topeka & Santa Fe Railway Co. that the US Court of Appeals for the Ninth Circuit erred in finding that section 510 of the Employee Retirement Income Security Act only applied to vested rights. The benefits at issue in the case involved both pension and welfare benefits. The Supreme Court's finding that section 510 does not limit actionable benefits based on vesting is likely to result in increased cases under section 510.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1997
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Court applies Fort Halifax analysis to a retention agreement and finds it is an ERISA plan
Article Abstract:
The US 7th Circuit Court of Appeals in Collins v. Ralston Purina Co. held that an employee retention agreement was subject to ERISA after an analysis of the US Supreme Court's opinion in Fort Halifax Packing Co. v. Coyne. The court analogized the severance payments in Halifax with the benefits provided under the retention agreement. Employers wishing to retain employees in situations of potential mergers and acquisitions may reassess their plans to use such agreements.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1998
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First Circuit addresses safe harbor exclusion from definition of ERISA plan for non-employer endorsed group insurance plan
Article Abstract:
The US Court of Appeals for the First Circuit ruled in Johnson v. Watts Regulator Co. that an employer met the requirements of a safe harbor that exempts employers or welfare benefit plans from Employee Retirement Income Security Act coverage. The court found that the employer did not endorse the group insurance plan involved but merely publicized the plan's availability. The court noted that endorsing such programs constitutes doing more than merely recommending.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1995
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- Abstracts: Fawell introduces legislation to overhaul ERISA. Health care reform may soon pass. Administration sends two health care reform proposals to Congress
- Abstracts: IRS proposes regulations on plan loans under s. 72(p). New guidance on plan loans. Loan from VEBA to related employer is taxable reversion under section 4976
- Abstracts: The right to education under the South African Constitution. Judicial redistricting and the Article 1 state legislature
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- Abstracts: SEC staff refuses no-action letter permitting issuer to exclude compensation-related shareholder proposal. SEC staff refuses to allow omission of shareholder proposal on executive pay