Employee Benefits Committee Spring 2014 Newsletter | ABA Section of Labor & Employment Law

ABA Section of Labor and Employment Law


Employee Benefits Committee Newsletter

Issue: Spring 2014

As We Go To E- Press: A Few Items from the Editors of the EBC Newsletter

As is the custom, the editors have identified a few recent items worthy of mention but perhaps not extensive discourse. That does not mean these developments are unimportant but rather that they are, to a large degree, self-explanatory or both too important and too new to address fully. It is also the case for those in "Well, what about . . . .?" mode that our criteria for inclusion are relatively loose and we make no effort to track every development across the spectrum of concerns covered by JCEB in real time. We are however very interested in what interests you so please let us know what we left out and whether you know someone who might be interested in developing the omitted item for later article treatment. In that spirit we offer the following for consideration:

  • Hobby Lobby Stores Inc. v. Sebelius and Conestoga Wood Specialties Corp. v. Sebelius. The case was argued March 25, 2014.
  • Fifth Third Bancorp v. Dudenhoeffer. The U.S. Supreme Court granted certiorari to address the presumption of prudence that some federal courts have applied in suits brought against fiduciaries of employer stock plans when share value declines. That case was argued April 2, 2014.
  • The U.S. Department of the Treasury and the Internal Revenue Service issued guidance on April 4, which they assert is designed to help individuals accumulate and consolidate retirement savings by facilitating the transfer of savings from one retirement plan to another, and how and when qualified retirement plans have to apply the U.S. Supreme Court's decision in United States v. Windsor under Notice 2014-19.

CONTENTS: Opening Page | Sixth Circuit to Reconsider Whether the Denial of a Benefits Claim Can Support a Disgorgement of Profits Award under ERISA Section 502(a)(3) | Practical Tips for Operating Your Plan to Avoid the Obvious Problems | Co-Chairs' Report on the Midwinter Meeting | Employee Benefit Lawyers Hold Law Student Outreach at Southern University Law Center

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