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A three-part analysis is used to decide whether ERISA preempts state law. First, preemption is presumed if the state law "relates to" any employee benefit plan. Second, a state law relating to an employee benefit plan may be protected from preemption under ERISA if it regulates insurance, banking, or securities.
A plan must be administered according to the plan document. Benefits are required to commence at retirement age (usually age 65 if no longer working, or age 70 1/2 if still employed). Once earned, benefits may not be forfeited. A plan may not discriminate in favor of highly compensated employees. A plan must be insured by the PBGC.
A U.S. judge has blocked a Department of Labor rule from taking effect that would have expanded the types of retirement advisers who are considered fiduciaries, finding the rule was arbitrary and ...
The Pension Benefit Guaranty Corporation (PBGC) is a federal corporation created under the Employee Retirement Income Security Act of 1974. It currently guarantees payment of basic pension benefits earned by 44 million American workers and retirees participating in over 29,000 private-sector defined benefit pension plans.
Breach of fiduciary duty for failure to comply with pension plan document rules; and; Other ERISA violations justifying that the federal court order declaratory, injunctive and other equitable relief, and restore the retirees into Verizon’s sponsored employee benefit plans. The Association of BellTel Retirees can be found on Facebook.
The Pension Benefit Guaranty Corporation (PBGC) is a United States federally chartered corporation created by the Employee Retirement Income Security Act of 1974 (ERISA) to encourage the continuation and maintenance of voluntary private defined benefit pension plans, provide timely and uninterrupted payment of pension benefits, and keep pension insurance premiums at the lowest level necessary ...
Termination of employment prior to a specified vesting date, if the plan contains vesting provisions. If employee terminates prior to attaining normal retirement age, death, or disability. If employee terminates and enters into competition with the employer. If employee is terminated for "cause."
Defined benefit (DB) pension plan is a type of pension plan in which an employer/sponsor promises a specified pension payment, lump-sum, or combination thereof on retirement that depends on an employee's earnings history, tenure of service and age, rather than depending directly on individual investment returns. Traditionally, many governmental ...