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Category: Pension Plans

Your ERISA Watch – Ninth Circuit Upholds Pension Plan’s Denial of Early Retirement Benefits for Participant’s Union Work

This week’s notable decision is O’Rourke v. N. California Elec. Workers Pension Plan, No. 17-17419, __F.3d__, 2019 WL 3850604 (9th Cir. Aug. 16, 2019), a case involving a dispute over the payment of early retirement benefits through a multiemployer ERISA…

Your ERISA Watch – Sixth Circuit Finds that Deferred Compensation Plan for Executive Employees is an Employee Pension Benefit Plan

This week’s notable decision is Wilson v. Safelite Grp., Inc., No. 18-3408, __F.3d__, 2019 WL 3000995 (6th Cir. July 10, 2019), where the Sixth Circuit answers the question of what constitutes an employee pension benefit plan under ERISA.  At issue…

Your ERISA Watch – Fourth Circuit Enforces the Right to a Full and Fair Review under ERISA

This week I want to highlight two unpublished decisions from the Fourth Circuit Court of Appeals, both of which are plan participant friendly.  The first case, Odle v. UMWA 1974 Pension Plan, No. 18-1398, __F.App’x__, 2019 WL 2539260 (4th Cir.…

Your ERISA Watch – Plan Trustees May Be “Surcharged” to Remedy Breach of Trust Causing a Loss of Benefits Under Unrelated Plan

This week’s notable decision, DeRogatis v. Bd. of Trustees of the Cent. Pension Fund of the Int’l Union of Operating Engineers, No. 14 Civ. 8863 (CM) (S.D.N.Y. June 13, 2019), follows a remand from the Second Circuit to decide whether…

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