December 2012

It is not an issue that arises every day, but it is worth exploring an employer’s remedies when it contributes too much into an ERISA plan. A recent decision in the 8th Circuit, Greater St. Louis Const. Laborers Welfare Fund v. Park-Mark, Inc., 700 F.3d 1130 (8th Cir. 2012), provides an opportunity to do so.
Continue Reading Employers Deserve Equity Too: Restitution for Overpayments to Plan

ERISA does not require employers to establish retirement plans for its employees, and it does not require employers to pay particular benefits if they choose to establish a plan. ERISA does, however, impose some restrictions on employers who choose to provide a retirement benefit. One of those requirements concerns backloading, which is a concept only an actuary could love. Backloading rules, and remedies for violating them, combined to give rise to a wildly complicated class-action dispute called Kifafi v. Hilton Hotels Retirement Plan, — F.3d –, 2012 WL 6216631 (D.C. Cir. Dec. 14, 2012).
Continue Reading Everything You Never Wanted to Know About Backloading