AimPoint Pension
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Regional Vice President of Sales The Retirement Plan Company
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Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
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Bates & Company, Inc.
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Loan & Distribution Specialist AimPoint Pension
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Compass
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7 Matching News Items |
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FMLA Leave Cannot be a Reason for Discipline or Dismissal, District Court Rules
HR Daily Advisor June 2, 2013
"Employers must not impose probation on employees for excessive absences that include leave under the [FMLA]. To do so is akin to using a disciplinary measure to penalize employees for taking qualified FMLA leave. So ruled the U.S. District Court for the District of New Jersey as it permitted the FMLA interference and retaliation claims of a former county board of elections clerk to proceed to jury trial." [Bravo v. Union County, 2013 WL 2285780 (D.N.J. May 23, 2013)]
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Text of Federal District Court Opinion: ERISA Preempts State Law Claim of Insurer Attempting to Recover Duplicative Benefit Payments (PDF)
U.S. District Court for the District of New Jersey Sept. 23, 2014
"No matter how MetLife frames its arguments, both of MetLife's proposed state law claims are premised upon and require a finding that MetLife was not required, under the Plan's terms, to make the optional coverage benefit payment.... Although a state law claim that only 'requires a cursory examination of plan provisions' or arises in the context of an ERISA plan, may not be preempted by Section 514(a), the proposed state law claims in this case clearly arise from an ERISA plan, direct the Court's inquiry to the Plan, require an analysis of the Plan 's terms, and involve the calculation and payment of benefits due to a Plan participant. Therefore, MetLife's proposed state law claims are preempted by Section 514(a)." [Metropolitan Life Ins. Co. v. DePalo, No. 13-3092 (D.N.J. Sept. 22, 2014)]
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Text of Federal District Court Opinion: Participant's Failure to Repay Erroneous Overpayment Is Breach of Fiduciary Duty (PDF)
U.S. District Court for the District of New Jersey June 24, 2016
"A plan fiduciary is anyone who 'exercises any authority or control respecting management or disposition of [plan] assets.' ... Defendant became a plan fiduciary because she retained control over Plan assets she was not entitled to ... In withholding the funds, Defendant continues to obstruct the [Plan's] access to and use of the funds it overpaid to her.... Because Defendant is a fiduciary of the plan .. she is personally liable and must 'make good to such plan any losses to the plan resulting from each such breach." [Altcatel-Lucent v. Borlabi, No. 13-4543 (D.N.J. June 16, 2016)]
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Health Plan TPA Still a Fiduciary Despite Disclaimer
PLANSPONSOR; free registration may be required Feb. 21, 2010
Excerpt: A Pennsylvania benefit plan third-party administrator breached its fiduciary duties by overpaying three medical claims, a federal judge in New Jersey has ruled. U.S. District Judge William J. Martini of the U.S. District Court for the District of New Jersey made the ruling in a suit filed by a Jersey City, New Jersey, municipal securities brokerage firm against the TPA for its health plan. Martini rebuffed an argument by defendant Loomis Company of Wyomissing, Pennsylvania, that it was not a fiduciary[.]
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401(k) Excessive Fees Lawsuit against John Hancock Will Proceed
The Pension Protection Act Blog Apr. 18, 2012
"In Santomenno v. John Hancock Life Insurance Company [3d Cir. April 16, 2012], the [U.S. Court of Appeals for the Third Circuit] vacated the district court's grant of summary judgment in favor of John Hancock regarding the plaintiffs' ERISA claims and remanded the case back to the U.S. District Court for the District of New Jersey for further proceedings."
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Announcement Concerning the AT&T Pension Plan Class Action Lawsuit on Cash Balance Conversions
ERISA Pension Claims Oct. 7, 2004
October 1, 2004. Engers v. AT&T Managment Pension Plan, C.A. 98-3660 (D.N.J.) Excerpt: We are in the final stages of writing briefs for the U.S. District Court in New Jersey in this case. A final reply brief is due October 7th. We expect to post the briefs on behalf of the class on this website at that time. An oral argument may be scheduled in Newark at a later date. When it is scheduled, we will post notice so class members can attend.
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Update on AT&T Pension Plan Class Action Lawsuit About Cash Balance Pension Conversions
ERISA Pension Claims Oct. 12, 2004
Engers v. AT&T Managment Pension Plan. Excerpt: On October 7, 2004 the following downloadable briefs were filed with the U.S. District Court in New Jersey.... Plaintiff Class' Statement of Undisputed Facts (74 pages), Opening Brief in Support of Summary Judgment for the current and former employees (44 pages), Opposition to AT&T's Brief (44 pages), Plaintiff Class' Reply Brief in further support of summary judgment for the employees (20 pages).
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