2015 Articles

ERISA to the rescue: Preemption of state law prevails By James Baker, Douglas Darch, & Miriam G. Petrillo April 2015 The recent case of Sherfel v. Newson reinforces the existing interpretation of ERISA and highlights the challenges facing multi-state employers.
Federal case update By Michael Bartolic January 2015 Recent cases of interest.
History of the formation of the Employee Retirement Income Security Act of 1974 as Amended (ERISA) and some important ERISA and Internal Revenue Code issues By Bernard G. Peter January 2015 A review of how ERISA came to be, and answers to some frequently asked questions. 
IRS retirement plan limitations for 2016 By Bernard G. Peter December 2015 A look at the new limitations and a table of previous years' limitations for comparison purposes.
Message from the Chair By Laura L. Pautz July 2015 A farewell message from 2014-15 Section Chair Laura Pautz.
Now trending: The myRA By Roman A. Basi & Marcus S. Renwick December 2015 There is a new retirement program available now, and employers are not required to participate.
Paid sick time laws sweep the nation By Jenni Field April 2015 Employers with locations in multiple jurisdictions with paid sick leave laws will have to craft separate sick leave policies for each location.
Proposed EEOC wellness program regulations reduce regulatory anxiety; Compliance complexity remain By Derek A. Schryer October 2015 A look at the EEOC's proposed regulations.
Same-sex marriage ruling will impact employers By Ken Sachs, Megan Norris, & James Boufides October 2015 As a result of the ruling in Obergefell v. Hodges, employers may want to change their policies to simply treat all married couples the same.
Supreme Court update—The day the ERISA presumption of prudence died By James Baker April 2015 ERISA plaintiffs’ lawyers have a new hill to climb—framing ERISA fiduciary breach claims that comport with the insider trading restrictions contained in federal securities laws.
Supreme Court update—The ERISA plan sponsor can now control the game clock By James Baker January 2015 The U.S. Supreme Court, in Heimeshoff v. Hartford Life & Accident Insurance Co., determined that the limitations period at issue was not unreasonably short.
What practitioners and plan fiduciaries need to know about Tibble v. Edison International By Steve Flores July 2015 In this case, the U.S. Supreme Court ruled that ERISA's six-year statute of limitations for claims of fiduciary breach applies to both the initial selection of a plan investment and the ongoing monitoring of that plan investment.