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Court Slims Down JPMorgan Cash Balance Suit
planadviser
Aug. 16, 2009 Excerpt: JPMorgan Chase & Co. has successfully convinced a federal judge that a former employee should be barred from moving forward with allegations about the company's cash balance conversion. Plaintiff Frank Bilello's alleged that the financial services company's notices about its cash balance conversion were legally incomplete and inadequate. However, U.S. District Judge Denise Cote of the U.S. District Court for the Southern District of New York also handed the employer a setback by refusing to throw out the plaintiff's claim that the company committed a fiduciary breach by misleading workers about how the planned conversion would affect their benefit levels. Regarding the inadequate notice issue, Cote ruled that the Employee Retirement Income Security Act (ERISA) did not mandate JPMorgan's corporate predecessors to include additional financial analysis about each employee's benefit impact on their conversion notice, but merely required an alert the conversion was taking place and the date it would happen. MORE >> |
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