Regional Vice President of Sales The Retirement Plan Company
|
Bates & Company, Inc.
|
AimPoint Pension
|
Loan & Distribution Specialist AimPoint Pension
|
Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
|
Compass
|
“BenefitsLink continues to be the most valuable resource we have at the firm.”
-- An attorney subscriber
Ninth Circuit Reverses Ruling on Participant's Claim for Surcharge
HR Daily Advisor Jan. 4, 2015
"Plan participants can recover personal, rather than plan, losses under arguments of 'surcharge,' the 9th U.S. Circuit Court of Appeals recently ruled, reversing an earlier opinion, which had been at odds with other federal circuits.... The U.S. Supreme Court's 2011 ruling on equitable remedies in Cigna Corp. v. Amara was not enough to tip the balance in the retiree's favor. In that decision, the justices ruled that equitable surcharge could be an appropriate remedy in some situations." [Gabriel v. Alaska Electrical Pension Fund, No. 12-35458 (9th Cir. Dec. 16, 2014)]
|
Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the linked news item's title). |
An important word about authorship: BenefitsLink® created this link to the news item, but we are not the news item's author (unless expressly shown above). |