TRI Pension Services/ What's New/ Current Developments in 2007

TRI Pension Services/ What's New/Current Developments in 2007

The following list tracks important guidance that was released in 2007. These items are summarized in detail, with appropriate commentary, in our quarterly newsletter, eRISA Update. For ordering information, Click here and follow the instructions to print out an order form.

Cross-references to sections of The ERISA Outline Book that are affected by significant current developments are available,organized by chapter. For ordering information for The ERISA Outline Book click here.

LIST OF CURRENT DEVELOPMENTS

Legislative Developments

Several clarifications and technical corrections to the PPA 2006 were adopted by Congress. The changes relate to multiemployer plans, plans maintained by commercial passenger airlines or airline caterers, and qualified transfers under IRC §420 to retiree health accounts in a pension plan. [Citation: U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28 (May 25, 2007)]

Treasury Regulations

Mortality assumptions used to calculate current liability under IRC §412(l)(7); new tables effective for the 2007 plan year [Citation: Treas. Reg. §1.412(l)(7)-1, 72 F.R. 4955 (February 2, 2007)]

Comprehensive update of regulations reflects law changes and IRS guidance issued since 1981; makes significant changes to calculation of defined benefit plan limits; provides guidance on treatment of post-severance compensation; conforming amendments made to regulations under IRC §§401(a)(9), 401(k), 403(b) and 457 [Citation: Treas. Reg. §§1.415(a)-1, 1.415(b)-1, 1.415(b)-2, 1.415(c)-1, 1.415(c)-2, 1.415(d)-1, 1.415(f)-1, 1.415(g)-1, 1.415(j)-1, §1.401(a)-2, §1.401(a)(9)-5, Q&A-9(b)(1), §1.401(k)-1(e)(8), §1.402(c)-2, Q&A-4(a), §1.416-1, Q&A-21, 1.457-4(d), 1.457-5(d) (Example 2), 1.457-6(a) and (c), 1.457-10, 72 F.R. 16878 (April 5, 2007)]

Final regulations on IRC §409A requirements for nonqualified plans provide for more flexibility for stock rights, expand the categories of plans for purposes of the aggregation rules, and adopt other important clarifications to the proposed regulations [Citation: Treas. Reg. §§1.409A-1 through 1.409A-6, 72 F.R. 19234 (April 17, 2007)]

Amendments to regulations explain tax rules and reporting requirements applicable to the distribution of Roth 401(k) contributions [Citation: Treas. Reg. §§1.402A-1 and 1.402A-2, 72 F.R. 21103 (April 30, 2007)]

Regulations under IRC §402(g) are amended to address designated Roth contributions under a 401(k) or 403(b) plan; to add "gap period" earnings rule to corrective distributions of excess deferrals, add reference to SIMPLE-IRAs, incorporate IRC §402(g)(7), and address new indexing rules [Citation: Treas. Reg. §1.402(g)-1, 72 F.R. 21103 (April 30, 2007)]

Regulations address coordination between designated Roth accounts and Roth IRAs [Citation: Treas. Reg. §1.408A-10, 72 F.R. 21103 (April 30, 2007)]

IRS finalizes regulations requiring a reasonable normal retirement age under a pension plan and providing limited anti-cutback relief for amendments to modify in-service distribution rights due to a change in the normal retirement age [Citation: Treas. Reg. §§1.401(a)-1(b), 1.411(d)-4, Q&A-12, 72 F.R. 28604 (May 22, 2007)]

Mortality tables for post-2007 plan years proposed; guidelines established for developing substitute mortality tables [Citation: Prop. Treas. Reg. §§1.430(h)(3)-1, 1.430(h)(3)-2, and 1.431(c)(6)-1, 72 F.R. 29456 (May 29, 2007)]

Proposed regulations provides guidance on the comparability requirement of IRC §4980G where an employee does not establish an HSA by December 31 [Citation: Prop. Treas. Reg. §4980G-4, Q&A-6, Q&A-14 through Q&A-16, 72 F.R. 30501 (June 1, 2007)]

Final regulations modify nonbank trustee rules for governmental plans [Citation: Treas. Reg. §1.408-2(e)(8), 72 F.R. 33387 (June 18, 2007)]

Temporary and proposed regulations regarding disclosure requirements for prohibited tax shelter transactions and excise taxes on such transactions [Citation: Treas Reg. §§1.6033-5T, 53.4965-1 through 53.4965-9, 53.6071-1T, 54.6011-1T, 301.6011(g)-1, 72 F.R. 36869, 36871, 36927 (July 6, 2007)]

Final regulations explain the rules for section 403(b) plans, reflecting all law changes through PPA 2006; clarifications made to controlled group rules and to FICA rules as well [Citation: Treas. Reg. §§1.403(b)-1 through 1.403(b)-11, 1.402(b)-1, 1.402(g)(3)-1, 1.402A-1, Q&A-1, 1.414(c)-5, 72 F.R. 41128 (July 26, 2007)]

Clarification of tax treatment of qualified plan assets used to pay premiums for accident or health insurance [Citation: Prop. Treas. Reg. §1.402(a)-1(e), 72 F.R. 46421 (August 20, 2007)]

Proposed regulations explain effect of prefunding balance and funding standard carryover balance [Citation: Prop. Treas. Reg. §1.430(f)-1, 72 F.R. 50557 (August 31, 2007)]

Proposed regulations provide initial guidance on restrictions under IRC §436; reliance granted until issuance of final regulations [Citation: Treas. Reg. §1.436-1, 72 F.R. 50560 (August 31, 2007)]

Amendments adopted to Circular 230 that formally adopts a new enrolled category (EPA) for retirement plan professionals and adopts amendments in response to the American Jobs Creation Act of 2004; proposed amendments to tax return standards [Citation: 31 CFR Part 10 (Circular 230), §10.1-10.7, 10.22, 10.25, 10.27, 10.29-10.30, 10.34, 10.50-10.53, 10.60-10.63, 10.65, 10.68, 10.70-10.73, 10.76-10.78, 10.82, 10.90, 72 F.R. 54540 (September 26, 2007); Prop. §10.34, 72 F.R. 54621 (September 26, 2007)]

Initial guidance on eligible automatic contribution arrangements (EACAs); permissible withdrawals under IRC §414(w) [Citation: Prop. Treas. Reg. §§1.414(w)-1 and 1.402(c)-2, Q&A-4(i), 72 F.R. 63144 (November 8, 2007)]

Proposed regulations update 401(k) regulations to incorporate changes made by PPA 2006 [Citation: Prop. Treas. Reg. §§1.401(k)-2, 1.401(k)-6 ("qualified matching contributions" definition), 1.401(m)-1, 1.401(m)-2, 1.411(a)-4, 54.4979-1, 72 F.R. 63144 (November 8, 2007)]

Application of FICA to salary reduction contributions under a section 403(b) plan [Citation: Treas. Reg. §31.3121(a)(5)-2, 72 F.R. 64939 (November 19, 2007)]

Proposed regulations on qualified automatic contribution arrangements (QACAs) [Citation: Prop. Treas. Reg. §1.401(k)-3(a), (e), (h), (j) and (k), 72 F.R. 63144 (November 8, 2007)]

Proposed regulations provide guidance on various PPA 2006 changes pertaining to statutory hybrid plans, and on the age discrimination testing safe harbor under IRC §411(b)(5) [Citation: Prop. Treas. Reg. §§1.411(a)(13)-1 and 1.411(b)(5)-1, 72 F.R. 73680 (December 28, 2007)]

Proposed regulations on calculation of funding target, target normal cost, interest rates, valuation of assets, and at-risk plans [Citation: Prop. Treas. §§1.430(d)-1, 1.430(g)-1, 1.430(h)(2)-1, and 1.430(i)-1, 72 F.R. 74215 (December 31, 2007)]

IRS Guidance

Annual update of determination letter procedure for 2007 [Citation: Rev. Proc. 2007-6, 2007-1 I.R.B. (January 2, 2007)]

Transitional guidance on IRC §401(a)(13) and IRC §411(b)(5), as added by the PPA 2006. The guidance: 1) provides a definition of "statutory hybrid plans" that are subject to the nondiscrimination testing standards of IRC §411(b)(5) and the special vesting and present value rules under IRC §411(a)(13), (2) clarifies when a variable annuity plan is not treated as being similar to a lump-sum based plan for purposes of these rules, (3) prescribes an interim safe harbor for determining whether a statutory hybrid plan is using no more than a reasonable rate of interest, (4) provides anti-cutback relief with respect to the elimination of the "whipsaw" rule, provided that advance notice under IRC §4980F and ERISA §204(h) is furnished, (5) provides interim guidance for conversions relating to mergers and acquisitions, and (6) formally lifts the moratorium on processing conversion cases for determination letter. [Citation: Notice 2007-6, I.R.B. 2007-3 (January 15, 2007) (advance release on December 21, 2006)]

IRS provides guidance on a number of issues relating to plan distributions and the effect of various amendments or new tax code provisions enacted by the PPA 2006: (1) accelerated vesting schedules for nonelective contributions made to defined contribution plans, (2) the 180-day distribution notice period and the requirement to explain the consequences of a failure to delay distribution, (3) hardship distributions on account of certain expenses incurred by a beneficiary of the participant who is not the participant's spouse or dependent, (4) new interest rate assumptions under IRC §415(b)(2)(E) for determining the maximum benefit payable in the form of a lump sum (or other form of benefit that is subject to IRC §417(e)) and the effect of the retroactive effective date, (5) the gross income exclusion under IRC §402(l) for certain distributions to retired public safety employees that are used to purchase health insurance or long-term care insurance, (6) the premature distribution exception for distributions to public safety employees who separate from service after reaching age 50 under a governmental defined benefit plan, (7) rollovers to inherited IRAs by nonspouse beneficiaries, and (8) qualified charitable distributions from IRAs to certain charitable organizations, pursuant to IRC §408(d)(8). [Citation: Notice 2007-7, 2007-7 I.R.B. (January 29, 2007) (advance release on January 10, 2007)]

IRS clarifies the application of certain changes made by the PPA 2006 to the deduction limits for defined benefit plan contributions, including: (1) how the effective date applies to employers that have a taxable year that is different from the plan year of the defined benefit plan, (2) how the 6% cushion rule under IRC §404(a)(7)(C)(iii) applies when an employer's contributions to the defined contribution plan(s) (other than elective deferrals) exceed 6% of aggregate participant compensation, (3) how IRC §404(a)(7) applies to a defined benefit plan when the employer's contributions to the defined contribution plan(s) (other than elective deferrals) do not exceed 6% of aggregate compensation, and (4) how IRC §404(a)(1)(D)(ii) (relating to benefits of HCEs attributable to plan amendments adopted within the last 2 years) applies to a new defined benefit plan. [Citation: Notice 2007-28 (advance release on March 13, 2007)]

IRS explains the application of IRC §409A to split-dollar life insurance arrangements, and provides transitional guidance with respect to modifications to such arrangements to comply with, or avoid the application of, IRC §409A [Citation: Notice 2007-34, 2007-17 I.R.B. (April 23, 2007)]

Guidance on monetary penalties under 31 U.S.C. section 330 [Citation: Notice 2007-39, 2007-20 I.R.B. (May 14, 2007)]

Prototype Roth IRAs must be amended by December 31, 2007, to accept rollovers from designated Roth accounts under 401(k) or 403(b) plans [Citation: Announcement 2007-55, 2007-23 (June 4, 2007)]

Mid-year changes to safe harbor 401(k) plan to add Roth 401(k) feature or hardship withdrawals [Citation: Announcement 2007-59, 2007-25 I.R.B. (June 18,2007)]

Procedures for requesting approval of plan-specific substitute mortality tables [Citation: Rev. Proc. 2007-37, 2007-25 I.R.B. (June 18, 2007)]

Revisions made to staggered remedial amendment period rules, including "on-cycle" review status for certain "off-cycle" determination letter filings, clarifications on 6-year cycle for pre-approved plans, and coordination between remedial amendment periods and filing cycles [Citation: Rev. Proc. 2007-44, 2007-28 I.R.B. (July 9, 2007)]

IRS sets rebuttable presumption of partial termination when employer-initiated terminations are at least 20% of participants during applicable period [Citation: Rev. Rul. 2007-43, 2007-28 I.R.B. (July 9, 2007)]

With elimination of Schedule P, filing of Form 5500 series starts statute of limitations on taxable year of trust [Citation: Announcement 2007-63, 2007-30 I.R.B. (July 23, 2007)]

IRS modifies the EPCRS procedure to clarify the use of the streamlined VCP filing for certain remedial amendment failures [Citation: Rev. Proc. 2007-49, 2007-30 I.R.B. (July 23, 2007)]

Clarification of review status of pre-approved plans that file late [Citation: Rev. Proc. 2007-49, 2007-30 I.R.B. (July 23, 2007)]

IRS outlines tax consequences with respect to contributions, distributions, and trust income for nonqualified trust that is subject to IRC §402(b)(4) [Citation: Rev. Rul. 2007-48, 2007-30 I.R.B. (July 23, 2007)]

Transition relief for separating governmental employees from commercial activity employees extended [Citation: Notice 2007-67, 2007-35 I.R.B. (August 9, 2007)]

Limited extended transition relief granted by IRS through 2008 for certain IRC §409A requirements [Citation: Notice 2007-78, I.R.B. 2007-41 (September 10, 2007)]

IRS publishes methodology for determining the applicable interest rate under IRC §417(e) for making minimum present value determinations in post-2007 plan years [Citation: Notice 2007-81, 2007-44 I.R.B. (October 29, 2007)]

IRS publishes methodology for determining corporate bond yield curve under PPA 2006 minimum funding rules, and the 24-month average yield curve segment rates [Citation: Notice 2007-81, 2007-44 I.R.B. (October 29, 2007)]

IRS extends transition relief under IRC §409A to the end of 2008; supersedes limited document extension under Notice 2007-78 [Citation: Notice 2007-86]

Reporting and wage withholding requirements for calendar year 2007 with respect to deferrals of compensation and amounts includible in gross income under IRC §409A [Citation: Notice 2007-89]

IRS' sample automatic enrollment notice [Citation: http://www.irs.gov/pub/irs-tege/sample_notice.pdf]

IRS discusses the proper treatment of premiums paid on cash value life insurance policies acquired by fund [Citation: Rev. Rul. 2007-65, 2007-45 I.R.B. (November 5, 2007)]

Listed transaction treatment for certain welfare trust arrangements/guidance on proper tax treatment of certain welfare benefit funds [Citation: Notice 2007-83, 2007-45 I.R.B., and Notice 2007-84, 2007-45 I.R.B. (November 5, 2007)]

IRS provides guidance under IRC §417(e), as amended by PPA 2006, including the applicable mortality table for 2008 plan year, timing rules for establishing the applicable interest rate, and anti-cutback relief under IRC §411(d)(6) [Citation: Rev. Rul. 2007-67, 2007-48 I.R.B.(November 26, 2007)]

Model language for public schools; timing of plan amendments to conform to regulations; additional guidance on certain contracts issued before 2009 [Citation: Rev. Proc. 2007-71, 2007-51 I.R.B. (December 17, 2007)]

2007 list released for use primarily by Cycle C individually-designed plans [Citation: Notice 2007-94, 2007-51 (December 17, 2007)]

Interim rules provide relief for certain operational failures under IRC §409A, solicit comments for voluntary compliance program [Citation: Notice 2007-100, 2007-52 I.R.B. (December 26, 2007)]

IRS Private Letter Rulings

Restorative payments to make up for misappropriation of IRA assets are not subject to contribution limits or rollover timing rules [Citation: PLR 200714030] (added July 27, 2007)

Terminated plan could be amended to reflect option to allow nonspouse beneficiaries to rollover inherited benefits pursuant to IRC §402(c)(11) [Citation: PLR 200717023] (added July 27, 2007)

Amount that was repaid to plan by estate that improperly received the distribution is eligible for rollover to an IRA when it is paid to the surviving spouse as the proper beneficiary [Citation: PLR 200722031] (added July 27, 2007)

Loan from IRA to church not a prohibited transaction [Citation: PLR 200741016]

Secondary beneficiary must be designated at time of death to be treated as designated beneficiary for life expectancy purposes on post-death distributions [Citation: PLR 200742026]

Challenge of interest rate assumptions used to pay out benefits from a terminated plan resulted in settlement agreement, the proceeds of which are eligible for rollover [Citation: PLR 200745022]

DOL and PBGC Guidance

Fiduciary safe harbor for automatic rollovers made by terminated defined contribution plans (including abandoned plans) is amended to require benefits of missing nonspouse beneficiaries to be rolled over to inherited IRAs [Citation: DOL Reg. §2550.404a-3(d) and (e), DOL Reg. §2578.1(d), 72 F.R. 7516 (February 15, 2007)]

Proposed amendments to PTE 2006-06 clarify that exemptive relief is available with respect to direct rollover of a missing nonspouse beneficiary's benefit to an inherited IRA under IRC §402(c)(11) [Citation: Proposed Amendment to PTE 2006-06, 72 F.R. 7461 (February 15. 2007)]

PBGC explains the effect on Title IV premium calculations and other reporting issues of the new mortality tables for determining current liability in 2007 plan years [Citation: PBGC Technical Update 07-1 (February 15, 2007) (available at the PBGC's website: www.pbgc.gov)]

Proposed regulations reflect changes made by the Deficit Reduction Act of 2005 and the Pension Protection Act of 2006 with respect to PBGC premium obligations [Citation: Prop. PBGC Reg. §§4006.3, 4006.7, 4007.8, 4007.10, 4007.13, 72 F.R. 7755 (February 20, 2007)]

Interim regulations implement PPA 2006 directive to clarify status of QDROs without regard to timing or that a prior QDRO already exists [Citation: DOL Reg. §2530.206, 72 F.R. 10073 (March 7, 2007)]

Proposed regulations prescribe methodology and due dates for paying variable rate premiums (VRPs) for post-2007 plan years [Citation: PBGC Reg §§4006.2, 4006.4, 4006.5, 4007.3, 4007.7, 4007.8, 4007.10, 4007.11, 72 F.R. 30308 (May 31, 2007)]

Proposed regulations prescribe fiduciary standards for selection of annuity providers for defined contribution plans; "safest annuity standard" in Interpretive Bulletin 95-1 amended to restrict its application to defined benefit plans [Citation: DOL Reg. §2509.95-1, 72 F.R. 52004 (September 12, 2007); Prop. DOL Reg. §2550.404a-4, 72 F.R. 52021 (September 12, 2007)]

Administrative review of PBGC decisions: referral of certain decisions to other departments or Appeals Board staff [Citation: Prop. PBGC Reg. §4003.58, 72 F.R. 59050 (October 18, 2007)]

Final regulations implement the default investment directive under the PPA 2006 and provide fiduciary relief for investment of participant accounts in qualified default investment alternatives (QDIAs) [Citation: DOL Reg. §2550.404c-5, 72 F.R. 60452 (October 24, 2007)]

DOL requires mandatory electronic filing of Form 5500 for plan years or reporting years that begin on or after January 1, 2009; adopts significant revisions to forms; 2008 effective date for certain changes relating to the PPA 2006 [Citation: DOL Reg. §§2520.103-1, 2520.104-44, 2520.104-46, 2520.104a-2, 72 F.R. 64710 (November 16, 2007), and Revision of Annual Information Return/Reports, 72 F.R. 64731 (November 16, 2007)]

Proposed amendments to class exemption for release of claims and extensions of credit in connection with litigation to expand the transactions covered by the exemption [Citation: Proposed Amendments to PTE 2003-39, 72 F.R. 65597 (November 21, 2007)]

Technical Update provides guidance on the applicaion of the changes made by the PPA 2006 to reporting requiements under ERISA §§4010 and 4043 [Citation: PBGC Technical Update 07-2 (November 28, 2007)]

PPA 2006 changes not applicable to plans terminating before the first day of the 2008 plan year [Citation: PBGC Technical Update 07-3 (December 3, 2007)]

Proposed regulations implement additional disclosure requirements under section 506 of the PPA 2006 pertaining to distress and involuntary terminations under Title IV [Citation: Prop. PBGC Reg. §§4041.51, and 4042.1-4042.5, 72 F.R. 68542 (December 5, 2007)]

Proposed regulations would impose new disclosure requirements on service providers in order to qualify for the statutory exemption under ERISA §408(b)(2) [Citation: Prop. DOL Reg. §2550.408b-2(c)(1), 72 F.R. 70988 (December 13, 2007)]

Proposed class exemption would provide relief to fiduciaries who are unaware of a service providers fails to satisfy new disclosure requirements promulgated under ERISA §408(b)(2) [Citation: Proposed Class Exemption For Plan Fiduciaries When Plan Service Arrangements Fail To Comply With ERISA §408(b)(2), 72 F.R. 70893 (December 13, 2007)]

Regulations reflect changes made by the Deficit Reduction Act of 2005 and the Pension Protection Act of 2006 with respect to PBGC premium obligations [Citation: PBGC Reg. §§4006.3, 4006.7, 4007.8, 4007.10, 4007.13, 72 F.R. 71222 (December 17, 2007)]

PBGC releases present values of the Title IV maximum guaranteed benefit for purposes of determining the partial restrictions on distributions for plans below 80% but not below 60% funding [Citation: PBGC Technical Update 07-4 (December 17, 2007)]

Assessment procedures for the ERISA §502(c)(4) penalty [Citation: Prop. DOL Reg. §2550.502c-4, 72 F.R. 71842 (December 19, 2007)]

EBSA Advisory Opinions and Field Assistance Bulletins

DOL explains interaction between PPA investment advice exemption and prior DOL guidance involving investment advice services, clarifies fee leveling rule [Citation: Field Assistance Bulletin 2007-01 (February 2, 2007), available at the DOL website: www.dol.gov/ebsa]

ERISA exemption for certain 403(b) plans; safe harbor clarified in light of final regulations [Citation: Field Assistance Bulletin (FAB) 2007-02 (July 24, 2007)]

Deadline for furnishing employee benefit statements for non-directed defined contribution plans linked to Form 5500 filing [Citation: Field Assistance Bulletin 2007-03, available at the DOL website http://www.dol.gov/ebsa/Regs/fabmain.html)]

ERISA Litigation

Plan may seek recoupment of overpayment of benefits pursuant to contractual provisions of the plan; equitable relief limitation under ERISA §502(a)(3) not applicable [Citation: Northcutt v. General Motors Hourly-Rate Employee Pension Plan, 467 F.3d 1031 (7th Cir. 2006), rehearing denied, 2007 U.S. App. LEXIS 468 (7th Cir. January 5, 2007)]

Plan was not a top hat plan because plan covers employees who have no supervisory responsibility and little ability to negotiate their benefits and compensation [Citation: Bakri v. Venture Mfg. Co., 473 F.3d 677 (39 EBC 2340) (6th Cir. 2007)]

QDRO may address rights of domestic partner because her quasi-marital relationship with the participant gave rise to marital property rights under applicable sate law [Citation: Owens v. Automotive Machinists Pension Trust, 40 EBC 2382 (W.D.Wash. January 19, 2007)]

Participant could not enforce benefit claim on basis of typographical error in SPD where there is no showing of detrimental reliance [Citation: Greeley v. Fairview Health Services, 479 F.3d 612 (8th Cir. 2007)]

Ninth Circuit recognizes anti-assignment exception for garnishment under federal Mandatory Victims Restitution Act of 1996 [Citation: U.S. v. Novak, 476 F.3d 1041 (39 EBC 2825) (9th Cir. February 22, 2007)]

Trustee of plan violated fiduciary duties when he unilaterally increased his compensation, in violation of the governing agreements [Citation: La Scala v. Scrufari, 479 F.3d 213 (40 EBC 1011) (2nd Cir. 2007)]

Amendment eliminating participants' put option rights with respect to non-publicly-traded employer stock held in their 401(k) accounts violated the anti-cutback rule [Citation: Goodin v. Innovative Technical Solutions, Inc., 41 EBC 1031 (D. Hawaii April 27, 2007)]

Participants who have been paid out of the plan have standing if the may become entitled to additional payments due to fiduciary breaches negatively affecting their account balances in a defined contribution plan [Citation: Harzewski v. Guidant, 40 EBC 2409 (7th Cir. June 5, 2007)]

Supreme Court rules that employer did not breach duty by failing to consider terminating collectively-bargained defined benefit plans by merging them into multiemployer plans in lieu of annuitizing accrued benefits because merger is not a form of termination [Citation: Beck v. PACE International Union, 127 S.Ct 2310 (40 EBC 2281) (Sup.Ct. June 11, 2007)]

Employee claiming status as participant cannot be held to have waived administrative rights if relevant documents to establish eligibility are not furnished; failure of administrator to interpret language in plan in rendering decision on claim results in de novo review of decision [Citation Strom v. Siegel Fenchel & Peddy P.C. Profit Sharing Plan, 497 F.3d 234 (41 EBC 1484) (2nd Cir. 2007)]

Participant had standing to bring suit for losses due to imprudent investments even though he had cashed out of the plan in a lump sum [Citation: In re Boston Scientific Corporation ERISA Litigation, 2007 WL 2412164 (No. CIV.A.06-10105-JLT) (D.Mass. August 27, 2007)]

Miscellaneous Guidance

No entries

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Opdateret d. 14/1/08