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HTMLPensions Ombudsman: Law Trumps Regulatory Guidance
James Borshell, Elmer Doonan, Jay Doraisamy; Dentons Canada LLP;
Legal Alert/Article
May 20, 2015, previously published on April 30, 2015
"Classic" pensions liberation involves transferring pension savings from a legitimate pension scheme to a scheme which provides access to those savings in a manner that is not permitted under a legitimate pension scheme and will lead to additional tax charges and penalties. The end result...

 

HTMLERISA Fiduciaries Must Continuously Monitor 401(k) Investment Choices
Sandra Mills Feingerts, Tabatha L. George; Fisher & Phillips LLP;
Legal Alert/Article
May 20, 2015, previously published on May 18, 2015
The U.S. Supreme Court has held unanimously that a plan fiduciary has a continuing duty to monitor investments offered under a 401(k) plan, a duty that is separate and apart from the duty to exercise prudence in selecting investments in the first place. The Court overturned a decision by the U.S....

 

HTMLSupreme Court Instructs Ninth Circuit to Consider Common Law of Trusts in Applying ERISA's Statute of Limitations
Wilson G. Barmeyer, Brenna M. Clark, Adam B. Cohen, Carol T. McClarnon, W. Mark Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 20, 2015, previously published on May 20, 2015
The Supreme Court has once again emphasized the importance of ERISA’s origins in the common law of trusts, this time in interpreting its statute of limitations. On May 18, the Court reversed the Ninth Circuit’s decision in Tibble v. Edison1, which had held that a claim for breach of...

 

HTMLMultiemployer Pension Reform
Robert C. Christenson; Fisher & Phillips LLP;
Legal Alert/Article
May 19, 2015, previously published on May 1, 2015
Employers and unions locked into failing multiemployer pension plans received an 11th-hour reprieve in late December when Congress passed legislation revising laws that had hobbled these plans for years. Titled the “Multiemployer Pension Reform Act of 2014,” the reforms give...

 

HTMLArizona's "Whistleblower" Laws: Tread Carefully
Kraig J. Marton, Jeffrey Silence; Jaburg Wilk;
Legal Alert/Article
May 18, 2015
A ¿whistleblower¿ is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide remedies to employees who are terminated or retaliated against for ¿blowing...

 

HTMLLast Man Standing Pension Schemes - Pension Protection Fund Levies
James Borshell, Jay Doraisamy, Andrew Patten; Dentons Canada LLP;
Legal Alert/Article
May 14, 2015, previously published on May 7, 2015
The PPF provides compensation to members of defined benefit pension schemes where the sponsoring employer of the scheme becomes insolvent and the scheme cannot provide 100 per cent PPF compensation. Part of the PPF's funding to provide compensation comes from a levy on eligible schemes. The PPF...

 

HTMLSupreme Court Ruling Limits PPF Protection for Schemes with No UK Employers
Elmer Doonan, Jay Doraisamy, Paul Lawrence, Andrew Patten; Dentons Canada LLP;
Legal Alert/Article
May 14, 2015, previously published on May 7, 2015
In October 2009, the Greek courts ordered the winding up of the Greek national airline, Olympic Airlines. Olympic ran flights from UK airports, employing 27 employees in the UK, dealing with things such as ticket sales. In early 2010, the airline's Greek liquidator closed its Heathrow ticket office...

 

HTMLEmployer Liability in the Administration of Benefit Plans
Elizabeth J. Forster; Blaney McMurtry LLP;
Legal Alert/Article
May 12, 2015, previously published on May 5, 2015
Employers are facing increasing claims as a result of their failure to provide employee benefits and/or their negligence in the handling of benefit issues.

 

HTMLOnce More Unto the Breach—The New "Fiduciary" Definition
Alan S. Miller, Sara R. Pikofsky; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on April 2015
On April 14, 2015, the Department of Labor (the "Department") re-proposed regulations (the "Proposed Regulations") that define when someone becomes a fiduciary by reason of providing "investment advice for a fee or other compensation." The Proposed Regulations are the...

 

HTMLTime to Look Again at Your Service Company Arrangements?
James Borshell, Elmer Doonan, Jay Doraisamy; Dentons Canada LLP;
Legal Alert/Article
May 6, 2015, previously published on April 23, 2015
MF Global Group's main business was to act as broker dealers in the investment markets. In the UK, MF Global used an operating company called MF Global UK Limited (UK) and a service company called MF Global UK Services Limited (Services). Both shared an immediate parent in MF Global Holdings Europe...

 


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