67 results for 'cat:"Pensions"'.
J. Walker finds that the lower court properly found the pension fund correctly terminated the firefighter's pension benefits following his guilty plea to various federal crimes. The law permits the fund to file a new action, as it did here, to divest a member of his pension benefit award upon a conviction for a service-related felony without the need to retain jurisdiction upon the granting of the initial award. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 8, 2024, Case #: 231311, Categories: Administrative Law, pensions, Jurisdiction
J. Danner finds that the trial court properly rejected a challenge to a city's plan to issue and sell bonds to fund its pension liabilities. The city's charter creates an obligation to provide city employees with pensions, this contractual commitment must be managed in an actuarially sound manner and the unfunded liability for future pension payments is a current debt that has already been incurred. The plan does not trigger constitutional debt limits requiring voter approval, as it will not cause indebtedness that exceeds revenue in any given year. Affirmed.
Court: California Courts Of Appeal, Judge: Danner, Filed On: April 29, 2024, Case #: H050889, Categories: Constitution, pensions, Tax
Per curiam, the appellate division finds that that lower court properly denied the man's petition to be deemed a member of the NYC Employees' Retirement System based on his work for 54 days in 1997 as a provisional assistant engineer. The man never applied for membership in the pension system, and cannot not seek retroactive membership. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02198, Categories: pensions, Labor / Unions
J. Laing finds a lower court properly ruled in favor of the British Medical Association on the Secretary of State for Health and Social Care's application for judicial review concerning a pension scheme. The secretary of State argued that new employees were entitled to updated pension scheme plans. However, the British Medical Association sufficiently showed in court that the updated pensions discriminated against older workers. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: April 17, 2024, Case #: CA-2023-756, Categories: Employment, pensions, Employment Discrimination
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J. Stewart finds that the trial court properly concluded that a pension fund was not contractually obligated to consider a participant employer's request to change the method used to calculate the amount that employers must contribute toward the pension's unfunded liabilities. The employer sought to have the percentage of payroll method replaced with a percentage of liability method. The employer failed to raise a triable issue for declaratory relief under the standard applied to petitions for writ of mandate challenging actuarial decisions by a pension. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: March 27, 2024, Case #: A165587, Categories: pensions, Contract
[Consolidated.] J. Easterbrook finds that the lower court improperly ordered the company to pay a $2 million withdrawal liability penalty. The company's contributions to the pension fund were not covered by a written agreement as the parties "Steel Mill Addendum" applied to steel mill operation work only, and not work hauling commodities. The fund must repay the withdrawal liability it collected from the company. Reversed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: March 22, 2024, Case #: 23-1563, Categories: pensions, Labor / Unions
J. Russell grants two corporate officers’ motion to dismiss this ERISA lawsuit brought by a pension fund, alleging the officers and a corporation failed to pay into its union fund as required under the collective bargaining agreement. Corporate officers “do not become fiduciaries solely by virtue of their corporate position, even if the corporation is a fiduciary, ‘unless it can be shown that they have individual discretionary roles as to plan administration.’” The corporation argues the claim to seek an audit should be dismissed due to the audit request being a remedy and not a cause of action. Therefore, the court finds the complaint does not allege the officers were fiduciaries under ERISA, but the fund and corporation clearly permit an audit of its books and records. The corporation’s motion for partial dismissal is granted.
Court: USDC Maryland, Judge: Russell, Filed On: March 4, 2024, Case #: 1:23cv440, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, pensions
J. Asplin finds a lower court properly ruled in favor of a British railway company employees' contract claims against a pension. The pension trust argued that it properly calculated actuarial valuation for railway employees' benefits. However, the participating employees sufficiently showed in court that present and future benefits are insufficient for retirement. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Asplin, Filed On: February 9, 2024, Case #: CA-2023-241, Categories: Employment, pensions, Contract
J. Mikva finds that the board properly determined the firefighter is not entitled to a non-duty disability pension. The firefighter had less than seven years of creditable service with his last pension fund, so he is not entitled to a non-duty disability pension. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: February 9, 2024, Case #: 230565, Categories: pensions
[Consolidated.] J. Childs upholds the district court's vacation of the arbitrator's decisions in two ERISA cases concerning the employers' withdrawal penalties. Contrary to the arbitrator's conclusion, an actuary may base their assumption of the penalty on information after the measurement date when they are "'as of'" the measurement date. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: February 9, 2024, Case #: 22-7157, Categories: Erisa, pensions
J. Ecker finds the trial court erroneously determined the city was required to increase the retired firefighters' pension benefits after a retroactive wage increase. Although the firefighters were not retired on the retroactive application date, language in the union's pension and collective bargaining agreements was ambiguous as to whether such changes would apply to pension benefits. Only mandatory retirees are eligible for retroactive increases, according to the agreements, and so the forced retirees at issue in this case are necessarily excluded from the increase awarded by the arbitration panel. Reversed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: February 6, 2024, Case #: SC20803, Categories: Arbitration, pensions, Labor / Unions
J. Theis finds that the lower court properly found for the state in a constitutional challenge to Public Act 101-610, which required all local pension funds to transfer custody and investment responsibility for their fund assets to respective statewide funds in order to reduce operational expenses. None of the pensioners' account balances were in any way affected by the change in management, so they have no Takings Clause claim. Affirmed.
Court: Illinois Supreme Court, Judge: Theis, Filed On: January 19, 2024, Case #: 129471, Categories: Constitution, Government, pensions
J. Baltodano upholds the trial court's ruling that a county pension fund can exclude from its calculation of retirement benefits the accrued but unused hours of its participants' annual leave that exceed their calendar year allowances. Excluding income that would artificially increase pension benefits fulfills the controlling statute's purpose to eliminate the practice of pension spiking. Affirmed.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: January 18, 2024, Case #: B325277, Categories: pensions
J. Bustamante finds the retired judge's pension was properly calculated by the benefits board when it refused to apply updated benefit calculations to his service time between 2005 and 2014. It was the intent of the legislature to limit the possibility of judges and justices being double-compensated, while the legislation that added a two-pronged calculation method was also used to increase pension funding for all participants. Affirmed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: January 16, 2024, Case #: A-1-CA-40561, Categories: Judiciary, pensions
Per curiam, the appellate division finds that the appellate division properly upheld the agency ruling that a former police officer was not exempt from health benefits premium-sharing obligations because neither the officer's service nor his purchase of four years of military service credit would have qualified him for such. Affirmed.
Court: New Jersey Supreme Court, Judge: Per curiam, Filed On: December 14, 2023, Case #: A-27-22, Categories: pensions
J. Coogler grants, in part, cross motions for summary judgment in this Employee Retirement Income Security Act dispute against United Mine Workers by a coal miner who was injured in two accidents that were both work-related. The miner challenges the denial of his disability pension claim and seeks statutory penalties for a failure to provide in a timely manner. The trustee failed to provide “full and fair review” during the determination of disability benefits under the plan. The miner failed to properly name the party whom the penalty may be imposed. The denial of his claim is granted as to the miner and denied for the trustee; statutory penalties against the miner are denied, but granted as to the trustee.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 6, 2023, Case #: 6:22cv1056, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, pensions, Tort
J. Oden Johnson finds that the lower court properly dismissed the retirees' claims against the city seeking additional money and guarantees of health care. In a prior appeal, this court already found that the retirees' have "no right to receive" either money or additional healthcare guarantees from the city or its four pension funds. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: December 1, 2023, Case #: 211317, Categories: Health Care, pensions
J. Asplin finds a lower court properly dismissed an estate administrator's National Health Service Pension Scheme violations claims against the business authority. The estate administrator argued that the business services authority mishandled his deceased wife's application for health retirement benefits. However, the pension scheme service presented sufficient evidence in court that his deceased wife used all of her outstanding annual leave and other benefits. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Asplin, Filed On: November 16, 2023, Case #: CA-2023-905, Categories: Health Care, pensions, Real Estate
J. McShan finds that a village police officer's final average salary was properly recalculated for pension purposes by eliminating three lump-sum payouts authorized by a union municipal contract in which wage increases had been deferred. Under retirement and social security law, only salary for "time worked" is pensionable. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: November 16, 2023, Case #: 536200, Categories: pensions