Darren E. Nadel

If there is uncontroverted evidence that the employee would have been discharged in the absence of a leave request, employers have nothing to fear from termination, based on a recent 10th Circuit ruling.

Skinner is a welcome decision for plan fiduciaries. It is, however, only the first appellate opinion on the subject post-Amara. Additionally, the facts of the case were not particularly compelling for the plaintiffs, since they received accurate information before making their retirement decisions and thus never relied on the faulty SPD. Undoubtedly other courts will tackle the issue of ERISA remedies in the coming months. In the meantime, however, employer/plan administrators should continue to subject their plan documents and benefits communications to a careful review to ensure their accuracy and clarity. Skinner teaches that, in the context of benefit communications, an ounce of prevention is truly worth a pound of cure.

In Tomlinson v. El Paso Corporation, the United States Court of Appeals for the Tenth Circuit recently held that El Paso Corporation’s transition to a cash balance pension plan did not violate federal anti-age discrimination and pension laws. In doing so, the court offered important guidance to employers that provide pension benefits to their employees. …