The Journal of Pension Planning & Compliance articles from January 2005

The Journal of Pension Planning & Compliance archives from January 2005

Companies should consider an independent fiduciary to monitor plan investments in company stock.
January 1, 2005... A flurry of recent lawsuits have targeted the corporate officers, board members, human resources professionals, and named fiduciaries of companies that maintain an ESOP or offer company stock as an investment option under a 401(k) plan....

Yates v. Hendon: Supreme Court resolves the ERISA status of working owners.
January 1, 2005... On March 2, 2004, the US Court decided the case of Fates, M.D., PC., Profit Sharing Plan v. Hendon. (1) The issue in Fates was whether the sole shareholder of a corporate employer may be considered at "participant" under Section 3(7) of the...

Preliminary 2004 post-season report: a new corporate governance world: from conflict to constructive dialogue.
January 1, 2005... The 2004 proxy season opened with the dramatic vote-no campaign at Disney Co., drew toward a close with another high-profile campaign against Safeway directors, and delivered a denouement over severance pay in connection with the proposed...

More Sand(ers) in the pension machinery.
January 1, 2005... Not content to rest on his dubious laurels in having initiated last years Congressional action resulting in the shackling of the Treasury's attempt to promulgate its regulation proposed in 2002 to free cash balance plans from vulnerability to...

Older workers: employment and retirement trends.
January 1, 2005... As the members of the "baby boom" generation--people born between 1946 and 1964--approach retirement, the demographic profile of the US workforce will undergo a substantial shift: a large number of older workers will be joined by relatively...

ERISA and ADEA procedural defenses. (Age Discrimination in Employment Act) (Litigation Issues in Cash Balance Plans, part 2)
January 1, 2005... This is the second part of a two-part article examining cash balance plans from a litigation perspective. Part 1 provided an overview of the plans, including why they are being adopted and the controversies they have engendered. Part 1 also...