ERIC Submits Additional Information on Reportable Events Hearing to PBGC

ERIC has submitted a letter to the Pension Benefit Guaranty Corporation (PBGC) in response to questions posed by the PBGC at the recent hearing on the reportable events proposed regulations. A special thanks to Michael Francese of Covington & Burling, who testified on behalf of ERIC and provided valuable input on the follow-up letter. This …

U.S. Supreme Court Rules in Favor of Xerox on Deferential Standard of Review

The United States Supreme Court earlier today (April 21) in Conkright v. Frommert reversed a Second Circuit Court of appeals decision and upheld the plan administrator’s deferential standard of review of provisions of a plan. The issue, and the case, is of major importance to major employers. In its 5-3 opinion (Justice Sotomayor did not participate) by …

ERIC Urges PBGC to Withdraw Proposed Regulations on New Reportable Events Requirements

The ERISA Industry Committee (ERIC), the Washington, D.C.-based trade association representing America’s major employers, earlier today submitted comments to the Pension Benefit Guaranty Corporation (PBGC) on the agency’s proposed rule to eliminate most of its automatic waivers and filing extensions currently permitted under existing reportable events regulations and guidance. The proposed regulations were published in …

ERIC Calls IRS “Substantial Business Hardship” Requirement Unnecessary and Burdensome

In comments submitted today to the Department of Treasury and Internal Revenue Service, The ERISA Industry Committee (ERIC) welcomed the relief provided in proposed regulations allowing plan sponsors to suspend qualified non-elective contributions (QNECs) in safe harbor section 401(k) plans, but urged that the “substantial business hardship” requirement be dropped from the final regulation as …