Focus on plan administration: QDRO's-language defects-standing-fiduciary duty

Article Abstract:

In Stewart vs Thorpe Holding company, the issue involved the form of qualified domestic relations order entitling a divorced wife to a portion of her former husband's profit-sharing plan. In this particular case, the issue involved whether the dissolution order granting the divorce could be considered to be a qualified domestic relations order (QDRO). The profit-sharing plan was disbursed solely to the ex-husband upon his retirement. The court ruled that the former wife had, in the dissolution order, a valid QDRO, and, even if it were not, the company breached its fiduciary duties under ERISA to ensure that an alternate payee's rights are protected.

Financial Holding Companies, Offices of Bank Holding Companies, Administration of Human Resource Programs (except Education, Public Health, and Veterans' Affairs Programs), Holding Offices, Income Security, Domestic economic assistance, Profit sharing, Stewart, Shirley, Thorpe Holding Co.

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Breach of fiduciary duty - misrepresentation

Article Abstract:

The decision given by the Sixth Circuit Court of Appeals in James v. Pirelli Armstrong Tire Corp., 305 F.3d 439 (6th Circ. 2002), rehrg. en banc denied 2002 U.S. App. LEXIS 26463 (2002), cert. Denied, 123 S.Ct. 2077 (2003) is presented. The case is about the dissemination of false and misleading information about retirement benefits by the employer and the relevant breach of fiduciary duties under ERISA.

Retirement Benefits, Tires and inner tubes, Deception, Tire industry, United States. Court of Appeals for the 6th Circuit, Pirelli Tire North America L.L.C.

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Severance plan - conditioning benefits upon release - arbitrary and capricious

Article Abstract:

The decision given by the Tenth Circuit Court of Appeals in Cirulis v. UNUM Corporation Severance Plan 321 F.3d 1010 (10th Cir. 2003) is presented. The case is about administrator's arbitrary interpretation of the vague conditions in severance plan. David B. Cirulis filed the case. The relevant provisions of ERISA are also discussed.

Financial Services, Finance and Insurance, DEPOSITORY INSTITUTIONS, UNUM Corp., Severance pay, Cirulis, David B., United States. Court of Appeals for the 10th Circuit

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