Resource Type: Amicus Briefs
Pundt v Verizon
The Pension Rights Center filed an amicus brief supporting Verizon employees who are asking the Supreme Court to reverse a Court of Appeals ruling that individuals whose future pensions have been placed at risk by the actions of plan trustees do not have the right to file a lawsuit since they have not yet been harmed by […]
Amicus Briefs in Church Plan Litigation
There are currently eleven cases now pending before the federal courts that will determine whether a pension plan established by a religiously-affiliated nonprofit organization, which is not itself a church, is a “church plan” that is exempt from the federal law protecting private sector retirement benefits (ERISA). The results of these lawsuits will determine whether […]
Advocate Health Care Network v. Stapleton
The Pension Rights Center filed an amicus brief in the Supreme Court asking the Court to affirm decisions by three Courts of Appeals that had ruled that only pension plans established by churches are exempt from the requirements of the federal private pension law. On June 5, 2017, in Advocate Health Care Network v. Stapleton, the Supreme Court […]
Tibble v. Edison
The Pension Rights Center filed an amicus brief in support of the plaintiffs in Tibble v. Edison. (12/09/2014) On May 18, 2015, the Supreme Court issued a decision in favor of the plaintiffs.
Spokeo v. Robins
The Pension Rights Center filed an amicus brief to the U.S. Supreme Court in support of the plaintiff (respondent) in Spokeo v. Robins.
Court Overturns Cash Balance Ruling
Overturning a 2003 federal district court ruling, the U.S Court of Appeals for the Seventh Circuit found that IBM did not discriminate against older employees when it adopted its cash balance plan. The case was brought by 140,000 IBM employees who saw their promised pension benefits cut by more than half when IBM converted to […]
Former Employees Can Sue Retirement Plans
The U.S. Court of Appeals for the 7th Circuit decided a case that preserves the right of former employees, including retirees, to sue their retirement plans even if they have already taken full distributions from the plan. The case is Harzewski v. Guidant Corporation [PDF]. The court found that if former employees have cashed out […]
Pension Plan Must Give Benefits to Surviving Spouse
An ex-spouse who files a qualified domestic relations order (QDRO) with a pension plan following the death of her ex-husband is entitled to benefits. In Marker v. Northrop Grumman Space & Missions Systems Corporation Salaried Pension Plan, the U.S. District Court for the Northern District of Illinois found that an order dividing a pension that was […]
Supreme Court looks at Attorney’s Fees
In Hardt v. Reliance Standard Life Insurance Co., the U.S. Supreme Court ruled that the Employee Retirement Income Security Act (ERISA), the federal law that governs private pension, disability, and health insurance plans, can allow courts to award attorney’s fees in cases in which the party is not the “prevailing party” as long the party […]
U.S. Supreme Court Says Plan Participants Can Sue For Individual Losses Resulting From Misconduct
The U.S. Supreme Court delivered its opinion in LaRue v. DeWolff, Boberg & Associates on Wednesday, February 20, 2008, reversing a decision by the U.S. Court of Appeals for the Fourth Circuit. James LaRue calculated that he lost approximately $150,000 when the administrator of his 401(k) plan failed to carry out investment instructions he gave […]
Lump-Sum Benefits Must Include Cost-of-Living Adjustments
The U.S. Supreme Court has let a Seventh Circuit Court of Appeals decision stand. The Court of Appeals for the Seventh Circuit ruled that when a pension plan calculates the amount of a retiree’s lump-sum distribution, the plan must take into account the cost-of-living-adjustments (COLAs) that would have been included if the pension had been […]
Plan Rules Trump Divorce Agreement
The U.S. Supreme Court has ruled that the administrator of a retirement plan must follow the plan’s rules when distributing a deceased worker’s benefits, unless a “qualified domestic relations order” has been filed with the plan. In Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, William Kennedy had designated his wife Liv Kennedy […]
