Understanding Employee Benefits


Posts from Sam Butler

Too Much of a Good Thing? Environmental, Social and Governance Investment Considerations for Plan Fiduciaries (FAB 2018-01 Part 1)

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On April 23, 2018, the DOL released Field Assistance Bulletin (FAB) 2018-01 relating to (1) plan investment in “economically targeted investments (“ETIs”), (2) the exercise of shareholder rights and (3) investment policy statements. We will address the first of these topics in today’s post. Generally, ETIs are investments that promote... Read More

Topics: Fiduciary Guidance, Retirement Plans

Eighth Circuit Decisions Reminds Employers of Importance of Granting ERISA Plan Administrators Discretion to Interpret Plan Terms

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Recently, the United States Court of Appeals for the Eighth Circuit released an opinion which highlights the importance of ensuring ERISA plan documents grant plan administrators the discretion to construe and interpret the terms of the plan. In Hall v. Metro. Life Ins. Co., the Appeals Court dealt with a... Read More

Topics: ERISA and Other Benefits Litigation

Despite upholding a $13.4 million judgment against plan fiduciaries, the Eighth Circuit gives plan sponsors a lot to like in Tussey decision.

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On March 19, 2014, a three judge panel of the United States Court of Appeals for the Eighth Circuit issued its decision in Tussey v. ABB, Inc., No. 12-2056 (8th Cir. Mar. 19, 2014).  The case came to the Eighth Circuit on an appeal of a decision by the United... Read More

Topics: ERISA and Other Benefits Litigation, Fiduciary Guidance, Retirement Plans

New Internal Revenue Service Regulation Clarify when Property is Subject to a Substantial Risk of Forfeiture

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On February 26, 2014, the Internal Revenue Service published a final regulation clarifying the meaning of “substantial risk of forfeiture” under section 83 of the Internal Revenue Code.  The new guidance will help taxpayers who receive property, other than money, in exchange for services determine when they must recognize the... Read More

Topics: Deferred Compensation and 409A