Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

Director of 3(16) Operations

Compass
(Remote / NH / Hybrid)

Compass logo

Regional Vice President of Sales

The Retirement Plan Company
(Remote / AL / FL / GA / MS)

The Retirement Plan Company logo

Retirement Plan Administrator

Bates & Company, Inc.
(Remote / Winter Park FL)

Bates & Company, Inc. logo

Defined Benefit Combo Cash Balance Compliance Consultant

Loren D. Stark Company (LDSCO)
(Remote)

Loren D.  Stark Company (LDSCO) logo

Business Development Director

AimPoint Pension
(Remote / Pompano Beach FL / AL / GA)

AimPoint Pension logo

Loan & Distribution Specialist

AimPoint Pension
(Remote)

AimPoint Pension logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile app icon
LinkedIn icon     Twitter icon     Facebook icon

Sixth Circuit Case Emphasizes Potential Employer Liability to Participants for 409A Violations
Kilpatrick Townsend Link to more items from this source
July 30, 2019

"The former CEO incurred substantial penalties on his $9.1 million NQDC plan account due to deferral election failures under Section 409A that were identified in a 2014 federal audit. Wilson sued the employer in federal court, asserting state law claims for breach of contract and negligent representation. The district court (as affirmed by the 6th Circuit) found the NQDC plan to be an 'employee pension benefit plan' covered under ERISA, which preempts the state law claims[.]" [Wilson v. Safelite Group, Inc., No. 18-3408 (6th Cir. Jul. 10, 2019)]

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).
© 2024 BenefitsLink.com, Inc.