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

Featured Jobs

Retirement Plan Administrator

Nicholas Pension Consultants
(Remote / Corona CA / Rancho Cordova CA)

Nicholas Pension Consultants logo

Quality Assurance Manager

Nova 401(k) Associates

Nova 401(k) Associates logo

Retirement Plan Analyst/Administrator

Compensation Strategies Group, Ltd.
(Remote / Beaumont TX)

Compensation Strategies Group, Ltd. logo

Education Consultant

(Remote / Putnam Valley NY)

Pentegra 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 image LinkedIn icon
Twitter icon
Facebook icon

<< Previous news item   |   Next news item >>

Seventh Circuit Ruling Highlights ERISA Contradiction Related to Preemption
DeBofsky Sherman Casciari Reynolds P.C.Link to more items from this source
Aug. 18, 2021

"This ruling illustrates the complexity of ERISA preemption and the law's internal contradiction between the exclusive benefit rule and the parallel responsibilities of corporate officers and directors who are permitted by ERISA to also serve as plan fiduciaries. However, though the decision in this [bankruptcy case involving an ESOP valuation] solves one problem, it leaves a second problem unresolved. It remains unclear how Argent and Stout could be sued, since the trustees lacked standing to bring an action under ERISA." [Halperin v. Richards, No. 20-2793 (7th Cir. Jul. 28, 2021)]

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 link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2022, Inc.