2002 Articles

Case law update and review By Stepfon R. Smith May 2002 In this accountant malpractice action, the plaintiffs, to their detriment, relied upon professional tax accounting advice for retirement planning purposes from defendant Deloitte & Touche.

Case law update and review By Amy L. Pauls May 2002 In this case, the Seventh Circuit Court of Appeals found that the district court for the Northern District of Illinois had incorrectly held that a funeral home owner had expressly agreed to be bound by a multi-employer plan.

Controlled group liability for withdrawal liability from multi-employer pension plan ends at U.S. borders By Brian K. Wydajewski January 2002 On March 6, 2001, the U.S. Supreme Court denied a request for review and let stand a decision of the U.S.

Editor’s note By Margaret M. Benson December 2002 In this issue, we welcome back Teresa Faherty Blomquist, who expands on the media reporting that has been given to underfunded defined benefit plans.

Editor’s note By Margaret C. Benson November 2002 For nearly 25 years the commonweal required great emphasis on getting Americans to save for retirement in qualified plans and IRAs.

ERISA preemption and healthcare in the post-Moran world By Teresa Faherty Blomquist October 2002 A series of judgment calls in Rush Prudential HMO, Inc. v. Moran 536 U.S. ____ (2002) led the Supreme Court to an ultimate decision last June that diminishes ERISA's preemption of state laws and weakens the ability of HMOs in Illinois to manage their costs.

Example section 404(c) Notice to participants and beneficiaries regarding self-directed investment accounts May 2002 Under this Plan, you may exercise control over the assets held in your account under the Plan.

Federal employee benefits case law review By Amy L. Pauls & Milan Kim December 2002 Lessard v. Applied Risk Management; MMI Companies; Professional Risk Management, No. 01-15648 (9th Cir. filed Oct. 3, 2002). Lessard was on medical leave the day her employer completed a sale of all of its assets to another corporation.

Federal employee benefits case law review By Amy L. Pauls October 2002 A former participant in a collectively bargained pension fund was properly denied benefits for engaging in prohibited self-employment after retirement.

Have you thought about… By Margaret M. Benson October 2002 In 1974, Congress gave birth to ERISA. For 28 years, attorneys, legislators, accountants, judges and consultants have had a hand in raising her, variously protecting, shepherding and influencing her.

Primer on qualified plans and IRA distribution rules updated for the 2002 IRS final regulations* By Kathryn J. Kennedy November 2002 As the baby boomer generation approaches retirement, they are discovering that the bulk of their wealth resides in qualified retirement plans and IRAs.

The Sarbanes-Oxley Act of 2002 By Maureen Bismark December 2002 Some of the most significant changes to federal security laws since the 1930s became law on July 30, 2002, when President Bush signed the Sarbanes-Oxley Act of 2002.

State legislative update By Lori C. Skinner January 2002 Senate Bill 866--Amends the Illinois Insurance Code and the Health Maintenance Organization Act to provide that coverage under those Acts for mastectomies must include reconstruction of the subject breast, as well as the other breast, to achieve a symmetrical appearance.

To our readers May 2002 Our fourth newsletter of the 2001-2002 year includes two interesting updates regarding recent case law that pertains to employee benefit plans and retirement programs.

To our readers January 2002 Our third newsletter of the 2001-2002 year includes an interesting article regarding a recent decision of the U.S.

Underfunded defined benefit plans: The end of the pension holiday By Teresa Faherty Blomquist December 2002 A line from Hamlet describes the uneasy juxtaposition of a wedding party and a funeral: "The funeral bak'd meats / Did coldly furnish forth the marriage tables."

What your colleagues are reading October 2002 A request to members for favorite Employee Benefits resources resulted in the following: