ERISA plan vs. payroll practice-Preemption

Article Abstract:

According to the court, where an organization funds a plan partially from sources other than its general assets submits documents with the IRS and Department of Labor that are consistent with ERISA status. It also tells employees the plan is subject to ERISA regulation, the plan is not a payroll practice but a ERISA plan. ERISA governs employee welfare benefit plans, which are defined as those established or maintained by an employer or employee organization to provide, among other things. Although state laws claims relating to a payroll practice are not preempted by ERISA, they are preempted where they relate to an ERISA plan. A state law claim relates to an ERISA plan if the claimant must prove the existence of the plan or any provision thereof in order to prevail on claim. A claimant cannot pursue an ERISA claim in court for benefits. Article includes a McMohan v. Digital Equipment Corp. case.

Electronic computers, Electronic Computer Manufacturing, Computers & Auxiliary Equip, Computer industry, Brief Article, Digital Equipment Corp., DEC, McMahon, Carolyn

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Simplified employee pension plan; Constructive discharge-Interference with benefit

Article Abstract:

An employer is not permitted to condition a worker's participation in a simplified employee pension plan on a salary reduction without breaching the anti discrimination regulation of ERISA. Eligible employees must be treated uniformly. A plan must be formally amended through the procedures provided in the plan. It may not be amended informally, one participant at a time, to avoid the cost of the pension contribution. Requiring an employee to accept a reduced salary in exchange for a pension contribution is an adverse employment action. An employee who resigns rather than accept such terms may prove constructive discharge if interfering with employee benefits was a motivating factor behind the employer's action. Article includes Garratt v. Walker case.

Garratt, Lisbeth, Lindh, John Walker

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Postdeath QDRO - de novo standard of review - preretirement survivor benefit - attorney fees

Article Abstract:

The decision given by the Eighth Circuit Court of appeals in the case of Hogan v. Raytheon Co.,302 F.3d 854 is presented. The case is about the disbursement of preretirement benefits to Beverly Hogan under divorce proceedings after the demise of Robert Hogan. The relevant provisions of ERISA are also discussed.

Legal issues & crime, ELECTRONIC & OTHER ELECTRIC EQUIPMENT, Legal/Government Regulation, Company legal issue, Electronics industry, Raytheon Co., Fiduciary duties, United States. Court of Appeals for the 8th Circuit, Hogan, Beverly

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