Pension Annuitization – De-Risking or Added Risk?
Defined benefit (DB) pension plans used to be the prevalent form of retirement benefit offered by American employers to their employees. […]
How to Request Your ERISA Plan Documents: A Step-by-Step Guide
The Employee Retirement Income Security Act (ERISA) was established in 1974 to protect employees’ rights to their benefits and provide transparency regarding their employee benefit plans. One of the key rights under ERISA is access to plan documents that outline the rules, benefits, and administration of your employer-sponsored retirement or health plan. […]
6th Circ. Ruling Highlights Complexity Of ERISA Preemption
If you murder someone to collect their life insurance, are you barred from receiving the proceeds? That would seem to be a simple question, but it isn’t if the Employee Retirement Income Security Act is in the picture. […]
Mark DeBofsky Quoted in Law360 on the Future of ERISA as it Turns 50
We are proud to announce that our founding attorney, Mark DeBofsky, was recently featured in a Law360 article titled ‘3 Atty Takeaways On What’s Ahead As ERISA Turns 50.’ […]
Texas Judges Ignored ERISA’s Core To Stall Fiduciary Rule
A New York Times article in May reported that in this year’s annual letter to investors, BlackRock Inc. Chair and CEO Larry Fink wrote that “the United States was facing a retirement crisis due in no small part to self-directed retirement financing.”[1] The New York Times article pointed to the shift from defined benefit to defined contribution retirement plans; i.e., 401(k) plans. […]
Physical, not Mental, Ailments Form Basis for Disability Claim
In cases brought under the Employee Retirement Income Security Act, the standard of judicial review applied by the district court is critical to the outcome of the litigation, and when the district court makes factual findings, courts of appeals review those findings under the clear error standard. […]