Handbook On Erisa Litigation

Author: James F. Jorden
Publisher: Wolters Kluwer Law & Business
ISBN: 1454862068
Size: 12.65 MB
Format: PDF, Docs
View: 1687
Download
Handbook on ERISA Litigation cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans Tax litigation Claims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The Handbook helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a dispute Exceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption laws The procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases Handbook on ERISA Litigation has been updated to include: The impact of the Affordable Care Act upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the Pregnancy Discrimination Act, federal disability discrimination laws, and other claims of gender and family status discrimination (including same-sex marriage/partnership issues) Expanded discussion of recent U.S. Supreme Court decisions on the continuing fiduciary obligation to monitor plan investments, availability of various forms of relief for ERISA benefits claims and breach of fiduciary duty claims, the enforceability of limitations provisions contained in employee benefit plans, employer stock drop claims, and the supremacy of employee benefit plan terms over equitable or common law principles Continuing developments in ERISA preemption analysis clarifying the scope and reach of federal preemption And more!

Erisa

Author: Paul J. Schneider
Publisher: Aspen Publishers Online
ISBN: 0735566062
Size: 31.17 MB
Format: PDF, ePub, Docs
View: 5008
Download
The expanded Third Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code dealing with employee benefits. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include in-depth, timely coverage of recent significant changes and rulemaking, including: The employee benefit provisions of the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA) and the Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008 New requirements for filing Form 5500 and changes to the PBGC filing and notice requirements Temporary suspension of the minimum distribution requirements for 401(k) and other defined contribution retirement plans for 2009 New required annual funding notice for defined benefit pension plans New rules regarding the information that a participant must receive before electing to defer receipt of a benefit distribution Expansion of the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) IRS guidance allowing employers to suspend safe harbor matching contributions in the event of substantial business hardship Latest developments in the employer stock drop litigation and the 401(k) plan fee litigation, including a detailed discussion of the Seventh Circuit's decision in Hecker v. Deere & Co., which includes an interpretation of ERISA Section 404(c) that favors the protection of plan fiduciaries A discussion of the preemption analysis applicable to health care "pay or play" laws in Golden Gate Restaurant Association v. San Francisco New material discussing the preemption issues associated with misrepresentation claims arising in the context of insurer pre-approvals The temporary COBRA premium subsidy program as set forth in the American Recovery and Reinvestment Act of 2009 (ARRA)

Qualified Domestic Relations Order Handbook

Author: Gary A. Shulman
Publisher: Aspen Publishers Online
ISBN: 0735559767
Size: 17.77 MB
Format: PDF
View: 2805
Download
Widely recognized as the definitive work on the topic, Qualified Domestic Relations Order Handbook, written by Gary A. Shulman, turns the most confusing QDRO issues into clear answers and step-by-step guidelines. Drawing on years of experience, Shulman steers you past the QDRO pitfalls, with expert tips, drafting checklists, and even a special chapter on 29 areas of high liability risk. In this volume you'll find: Comprehensive model separation agreement language that you can incorporate directly into decrees to ensure that all of the QDRO issues are properly addressed Guidance on how to "revoke" a QDRO that has already been approved by the plan administrator Guidance on how to draft and administer child support QDROs Dozens of tips on how to detect potentially hazardous deficiencies in the "company model" QDRO Detailed instructions and models for dividing federal and state government plans Why waste time and risk costly errors by working with scattered resources and partial information? With the Handbook, you'll save time as well as trouble. It provides fast, definitive resolutions to all your QDRO questions. And because it's designed for both attorneys and plan administrators, it helps you anticipate questions throughout the entire drafting and approval process. That means less guesswork, fewer delays and most importantly, less liability exposure. Qualified Domestic Relations Order Handbook provides everything you need to draft or administer QDROs promptly and accurately, with a superb toolkit of resources for attorneys and administrators, including: 21 QDRO models for all types of plans and conditions Step-by-step drafting guidelines Model language for specific circumstances Model discovery letters for requesting retirement plan information Sample correspondence Drafting and compliance checklists Company policies and procedures manual Appendices of related statutory provisions And much more! Qualified Domestic Relations Order Handbook has been updated to include: A new discussion dealing with the impact of same-sex marriage on QDROs, including the recent Supreme Court decision and guidance offered by the IRS and DOL Revised model QDROs for defined contribution plans that clarify their intent and expedite the review process from the plan administrator's perspective, as well as address some substantive issues, such as vesting, plan loans, and continued jurisdiction of the courts A new discussion regarding the effect of the participant's vesting status under a "Defined Contribution" plan An updated model QDRO for dividing Employee Stock Ownership Plans ("ESOPs") A discussion of how plan administrators should treat the vesting status of plan participants in QDROs

Erisa Benefits Litigation Answer

Author: Craig C. Martin
Publisher:
ISBN: 9781402428494
Size: 11.18 MB
Format: PDF, ePub
View: 6009
Download
ERISA Benefits Litigation Answer Book provides a comprehensive overview, in question and answer format, of the various causes of action the Employee Retirement Income Security Act provides to remedy violations of the statute, enforce the terms of a benefit plan, or provide other relief to a plan, its participants or its fiduciaries.Written by a team of authors with many years of ERISA litigation experience, and filled with practical illustrations and tips, ERISA Benefits Litigation Answer Book describes the legal requirements of, defenses to, and unique aspects of litigation involving: stock drops, ESOPs, cash balance plans, prohibited transactions, 401(K) fees, recovery of benefits due under a plan, multi-employer plans, managed care plans, and discrimination and interference with benefits rights. Also covered are chapters discussing litigation of claims arising under federal common law, affirmative defenses to ERISA claims, and limitations on actions under ERISA.

Litigation Services Handbook

Author: Roman L. Weil
Publisher: John Wiley & Sons
ISBN: 1118721802
Size: 33.16 MB
Format: PDF, Docs
View: 823
Download
In the last 20 years, the need for a financial expert to act as a witness and consultant to litigating attorneys has grown even more than litigation itself. Twenty years ago, few certified public accountants or economists offered litigation-related services; now, a large number devote much of their practice to this area. To be litigation service practitioners and accountants need to learn or enhance their litigation skills, including the fine points of their roles in trial preparation and testimony presentation, testimony presentation, deposition, direct examination, cross examination, understanding Sarbanes-Oxley rulings, and fraud investigations.

Erisa Litigation

Author: Jayne E. Zanglein
Publisher: BNA Books
ISBN: 9781570187315
Size: 49.14 MB
Format: PDF, ePub, Docs
View: 4657
Download

The Complete Qdro Handbook

Author: David Clayton Carrad
Publisher: American Bar Association
ISBN: 9781604424522
Size: 79.22 MB
Format: PDF, ePub, Mobi
View: 3665
Download
Written for family lawyers, judges, and plan administrators, this is a comprehensive resource for handling QDROs and working with the parties involved in this complex process. It provides basic knowledge of the substantive law of QDROs, step-by-step guidance and advanced techniques for the drafting and approval process, sample language and clauses with commentary, other forms including letters, forms, interrogatories, and checklists, and guidance on reading an annual benefits statement. Forms on CD-ROM.

Employee Benefits Law Qualification And Erisa Requirements

Author: Kathryn J. Kennedy
Publisher: LexisNexis
ISBN: 0327174889
Size: 20.73 MB
Format: PDF, Mobi
View: 4509
Download
This title is part of the LexisNexis Graduate Tax Series. Employee Benefits Law: Qualification Rules and ERISA Requirements, Second Edition, differs from other employee benefits casebooks and practicing legal education materials in the following ways: • The book makes a clear delineation of the qualification requirements of the IRC applicable to employee benefit plans versus ERISA requirements. As such, most of the materials focus on pension and profit sharing plans. However, the tax rules applicable to welfare benefit plans and nonqualified deferred compensation plans are also discussed. • The book places a strong emphasis on planning and policy, focusing on the adoption, maintenance, and correction of such plans. • The substantive qualifications of the IRC are discussed in full. ERISA's fiduciary, enforcement, reporting, and disclosure standards are also set forth. Sophisticated realistic problems are an integral part of the materials, and are included throughout. These problems will require careful analysis and application of code and regulation provisions, administrative pronouncements, case law, and other relevant sources. Perhaps more important for a graduate tax program, the problems not only require careful analysis, but the application requires dealing with situations when the most careful reading of the materials does not supply an answer. An additional, in-depth, take-home problem may be used as the basis for class discussion or a graded written assignment. Employee Benefits Law is divided into two sections. Part 1 addresses the specific qualification requirements of the tax code applicable to all employee retirement plans, from both the employee and employer perspective. Part II addresses tax rules applicable to welfare benefits and nonqualified deferred compensation plans and ERISA rules applicable generally to all employee benefits plans. Thereafter, the ERISA rules applicable to employee retirement plans and welfare plans are covered.

Employee Benefit Plans In A Nutshell

Author: Jay Conison
Publisher: West Academic
ISBN: 9780314150837
Size: 48.31 MB
Format: PDF, ePub, Docs
View: 2381
Download
This authoritative coverage provides the background needed to acquire a thorough understanding of employee benefits law. Text covers plan finance and taxation; economic aspects; regulations; ERISA (Employee Retirement Income Security Act) legislative background; vesting; participation, accrual, and non-interference; distribution; employee securities; employee stock ownership plans; preemption; nondiscrimination; and plan termination.