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Plan Assets

11 published works

  1. Your ERISA Watch

    Your ERISA Watch – Week of April 1, 2026

    By Peter Sessions

    As usual, the end of the federal court reporting period under the Civil Justice Reform Act (every March 31 and September 30) resulted in a slew of cases last week,…

  2. Roberts Disability Law Blog

    Second Circuit Holds RMBS Trust Certificates—but Not Notes—Can Constitute ERISA Plan Assets

    By Michelle Roberts

    In Powell as Tr. of United Food & Com. Workers Union & Emps. Midwest Pension Fund v. Ocwen Fin. Corp., No. 23-999, —F.4th—-, 2026 WL 828159 (2d Cir. Mar. 26,…

  3. Benefits Law Update

    Identifying Plan Assets in ERISA Health & Welfare Plans

    By Samuel J. Baldwin

    Last month, we advised readers of this blog to consider efforts to formalize the fiduciary governance of their health and welfare benefit plans. In that post, we described some of…

  4. The Retirement Plan Blog

    Who owns a 401(k) participant’s personal information?

    By Andrew S. Williams, Esq.

    Service providers for 401(k) and other retirement plans require access to personal data on participants including name, age, address, date of hire, compensation and possibly social security number to provide…

  5. Compensation & Benefits Blog

    [Podcast]: Key Considerations for ERISA Plan Fiduciaries When Delegating Investment Authority

    By Ira G. Bogner, Adam Scoll

    In this episode of The Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss the key considerations for ERISA plan fiduciaries when delegating investment authority over plan assets.  We will break down…

  6. Compensation & Benefits Blog

    Ninth Circuit Deepens Circuit Split Over Whether Delinquent Contributions Are Plan Assets

    By Neil V. Shah

    The Ninth Circuit held that employer contributions due to a Taft Hartley fund are not plan assets until they are actually paid to the fund, irrespective of whether the plan…

  7. Employment & Labor

    Mutual fund redemptions payable to participants are not plan assets, and broker can retain interest earned while holding the cash

    By Patrick Begos

    In re Fid. ERISA Float Litig., 829 F.3d 55 (1st Cir. 2016), held that Fidelity did not breach fiduciary duties to the plans at issue by allegedly earning interest on…

  8. Banking, Finance and Securities

    Mutual fund redemptions payable to participants are not plan assets, and broker can retain interest earned while holding the cash

    By Patrick Begos

    In re Fid. ERISA Float Litig., 829 F.3d 55 (1st Cir. 2016), held that Fidelity did not breach fiduciary duties to the plans at issue by allegedly earning interest on…

  9. Beneficially Yours

    How to Trace Under ERISA — Supreme Court To Resolve How A Fiduciary Can Identify And Recover Plan Assets Wrongly In Participant Hands

    By Seyfarth Shaw LLP

    By Mark Casciari and Jim Goodfellow Once again, the Supreme Court will opine on how to write ERISA plans to maximize the right of fiduciaries to sue to recover monetary…

  10. Compensation & Benefits Blog

    U.S. District Court Rules that Float Income Earned by Fidelity Is Not a Plan Asset

    By Robert Rachal

    Four class actions were consolidated in the U.S. District Court for the District of Massachusetts challenging whether float income earned on monies pending a transaction was a “plan asset.” In…