Thursday, August 11, 2011

Eighth Circuit -- Dakota, MN & Eastern R.R. v. Kevin Schieffer

Dakota, MN & Eastern R.R. v. Kevin Schieffer

(W)e conclude that an individual contract providing severance benefits to a single executive employee is not an ERISA employee welfare benefit plan within the meaning of 29 U.S.C. § 1002(1)

Remanded for consideration of whether payments at time of severance functioned as ERISA payments and therefore give jurisdiction under "relating to" jurisdictional grant of statute.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.