Russell Hirschorn

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Second Circuit Rules Cash Balance Pension Plans Are Not Age Discriminatory

Friday, August 1, 2008

On July 9, 2008, the U.S. Court of Appeals for the Second Circuit ruled in two parallel appeals that cash balance pension plans do not violate the age discrimination prohibitions of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), Section 204(b)(1)(H), 29 U.S.C. § 1054(b)(1)(H). See Hirt v. The Equitable Retirement Plan for...
U.S. Supreme Court Rules Monetary Relief Is Available For Claim ERISA Fiduciary Breach Caused Losses To An Individual's 401(k) Plan Account

Tuesday, April 1, 2008

On February 20, 2008, in LaRue v. DeWolff, Boberg & Associates, Inc. , No. 06 Civ. 856, the U.S. Supreme Court concluded that a participant in a defined contribution pension plan may sue a fiduciary under Section 502(a)(2) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(2), when the claim is that the fiduciary...