Erisa Lawyer Blog

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"Reviews ERISA law news, matters and opinions in New York."

Author: Stanley D. Baum is a solo practitioner in New York City.

Blawg Related Categories: Benefits/ERISA • States • New York • Solo / Small Firm

Recent Posts from ERISA Lawyer Blog

Executive Compensation-Deadline For Amending Bonus Plans Is Approaching
IRS Revenue Ruling 2008-13 changed one of the exceptions to the $1million limit under Section 162(m) of the Internal Revenue Code (the "Code") on the deductibility of bonus pay by public companies, and generally requires…
ERISA-Eighth Circuit Rules That A Participant In A Defined Benefit Plan Cannot Sue The Fiduciaries For Investment Losses And Excess Fees When The Plan Is Overfunded
In Mcullough v. Aegon USA, Inc., No. 08-1952 (8th Cir. 2009), the plaintiff, Randal McCullough, was a participant in a defined benefit pension plan (the "Plan") of the defendant, Aegon USA, Inc. ("Aegon"). He had…
ERISA-Tenth Circuit Rules That A Plan Administrator's Decision To Deny Benefits Must Be Reviewed De Novo Since It Was Not Made By The Plan's Deadline
In Rasenack v. AIG Life Insurance Company, No. 07-1521 (10th Cir. 2009), the plaintiff had requested accidental paralysis and rehabilitation benefits from AIG Life Insurance Company, the insurer, and AIG Claim Services, the plan administrator…
Employment-EEOC Revises Its "EEO is the Law" Poster
The EEOC has revised its "Equal Employment Opportunity is the Law" poster. This new version reflects current federal employment discrimination law (including the Americans with Disabilities Act Amendments Act of 2008). It was revised to…
Employment-Letter From EEOC Says That Health Risk Assessment Violates The ADA
In a letter dated August 10, 2009, the Equal Employment Opportunity Commission (the "EEOC") dealt with the issue of whether the Americans with Disabilities Act (the "ADA") allows an employer to require its employees to…
Employment-Second Circuit Rules That The Plaintiff Has Made Out A Prima Facie Case Of Age Discrimination (But His ERISA Claim Fails)
In Berube v. Great Atlantic & Pacific Tea Company, Inc., No. 08-1229-cv (2nd Cir. 2009), the plaintiff, Paul Berube, had worked for the defendant, Great Atlantic & Pacific Tea Company, Inc. (A&P), as a liquor…
Employee Benefits-Social Security Announces That There Will Not Be Any Cost-of-Living Increase to Social Security Benefits Or Taxable Wage Base for 2010
According to a press release, Social Security has said that monthly social security and supplemental social security income (SSI) benefits will not increase for 2010. This happens because there was no increase in the Consumer…
Employee Benefits-IRS Announces Pension Plan Limits for 2010
In IR-2009-94 (Oct. 15, 2009), the IRS announced the cost of living adjustments for the dollar limits imposed by the Internal Revenue Code on retirement plans for 2010. Most of these limits did not change…
Employee Benefits-IRS Reminds Us That It Has Issued Final Regulations on Funding and Benefit Restrictions for Single Employer Defined Benefit Plans
In employee plans news, Special Edition, October 2009, the IRS reminds us that it recently issued final regulations under Sections 430 and 436 of the Internal Revenue Code (the "Code"). These regulations provide guidance on:…
ERISA-Second Circuit Rules That Oral Promises Cannot Vary The Terms Of A Pension Plan
In Ladouceur v. Credit Lyonnais, No. 07-4040-cv (2nd Cir. 2009), the plaintiffs brought a case under ERISA, on the grounds of breach of fiduciary duty, claiming that the employer must operate its pension plan in…