EBIA Weekly Newsletter

Ninth Circuit: Trust Agreement and SPD Together Constitute ERISA Plan Document


   August 31, 2017

Mull v. Motion Picture Indus. Health Plan, 2017 WL 3259667 (9th Cir. 2017) Available at http://cdn.ca9.uscourts.gov/datastore/opinions/2017/08/01/15-56246.pdf A federal appellate court has determined that a summary plan description (SPD) combined with a plan trust agreement can serve as the formal ERISA plan document. The case involved a self-insured health plan participant’s covered … Read More


Plan Fiduciaries Breached Their Duty to Monitor by Not Switching From Retail to Institutional Shares


   August 31, 2017

Tibble v. Edison Int’l, 2017 WL 3523737 (C.D. Cal. 2017) On the tenth anniversary of this litigation, the trial court has ruled that the fiduciaries of a 401(k) plan violated their duty to monitor the plan’s investments by not replacing retail-class mutual fund shares with lower-cost institutional-class shares. Initially, the trial court had limited the … Read More


Are Outplacement Benefits Taxable?


   August 31, 2017

QUESTION: Our company would like to offer outplacement assistance services to terminating employees. Would the value of those services be taxable? Could we give terminating employees the choice to take outplacement assistance in lieu of some of their severance pay? Some of our terminating employees might not want help finding their next job or might … Read More