Michael T. Graham
Subscribe to Michael T. Graham's PostsPBGC Announces 2014 Moratorium on ERISA Section 4062(e) Enforcement Actions
By McDermott Will & Emery, Michael T. Graham and Patrick Ryan on Jul 10, 2014
Posted In Retirement Plans
On July 8, 2014, the Pension Benefit Guaranty Corporation (PBGC) issued a press release announcing a moratorium on its enforcement of Employee Retirement Income Security Act of 1974(ERISA) Section 4062(e) through the end of 2014. In general, ERISA Section 4062(e) allows PBGC to require that employers financially guarantee pension obligations in the form of plan...
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Sixth Circuit to Revisit Unprecedented Expansion of ERISA Wrongful Denial of Benefits Remedies
By Michael T. Graham and Stephen Pavlick on Mar 6, 2014
Posted In Retirement Plans
On December 6, 2013, in Rochow v. Life Insurance Company of North America, 737 F.3d 415 (6th Cir. 2013), the Sixth Circuit affirmed a district court ruling that an insurance company that improperly denied ERISA disability benefits must not only pay the benefits sought, but also disgorge its profits earned on those benefits. In that...
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