Court Dismisses Suit of Children Not Named as
Beneficiaries
September 21, 2005 (PLANSPONSOR.com) - A district
court judge has found that a deceased participant's children
lack standing to sue the participant's retirement plan for
denying them benefits.
BNA reports that US District Judge John Koeltl of
the US District Court for the Southern District of New
York said that the children did not qualify as
beneficiaries since, under ERISA, a person must be
designated as a beneficiary by the plan
participant.
The children claim that Sallie Ann Park, after being
diagnosed with cancer and taking medical leave, attempted
to contact the plan to designate them as
beneficiaries.
The plan stated that, if a participant died prior to
retirement and was married, the spouse was entitled to
benefits in the form of a qualified pre-retirement survivor
annuity.
Park died prior to retiring, but court documents say her
death certificate listed her as a widow, according to
BNA.
When the attorney representing Park’s children
sent a letter to the plan saying Park’s husband, Uon
Suk Park had waived his rights to benefits, the plan
responded by saying that, because Park had not applied
for her pension benefits prior to her death, her spouse
was entitled to those benefits once he made an
application for such benefits, the court said, according
to BNA.
Uon Suk Park did not apply for benefits but instead
joined the children in their suit claiming that the plan
violated ERISA by not paying them benefits.
The case is Park v. Trustees of the 1199 SEIU
Health Care Employees Pension Fund, S.D.N.Y., No. 04 Civ.
5228 (JGK), 9/15/05.
September 20, 2005 (PLANSPONSOR.com) - Industries
which stand to get hurt the most from the brain drain caused
by the pending retirement of large numbers of workers include
oil, gas, energy, health care and government, a new research
report indicated.
With the large numbers of pending retirements and the
resulting skill shortages, some companies in these sectors
are increasingly turning to older workers for their future
growth prospects, said The Conference Board report. The
technology and pharmaceuticals industries generally express
worries about the development of new products and services
and anticipate a drain in experienced engineers, key
account sales representatives, and senior managers, the
report said.
“These companies recognize that a maturing workforce can
positively impact customer satisfaction and profitability,
but not without effective initiatives designed to make it
easier for different generations of workers to work better
together,” researchers wrote in the report.
One-half of companies interviewed feel that the
departure of mature workers presents potential knowledge
vulnerabilities. About one-third have conducted workforce
planning studies and identified potential knowledge areas
where they could be vulnerable. One-half of those
interviewed have some form of mentoring program in place to
share and transfer knowledge.
The initiative is being driven by the fact that more
than 40% of the US workforce is expected to stop full-time
work by the end of the decade. To keep from losing them
entirely, the research report said some “forward thinking”
firms are
recruiting, retaining, and developing flexible work-time
arrangements and/or phased retirement plans for these
workers (55 years of age or older), many of whom have
skills that are difficult to replace. That is putting them
ahead of firms viewing the older workers as burdens that
put more strain on their pension and retiree health care
programs, the Conference Board asserted.
“The maturing workforce is often seen as an issue to be
dealt with instead of a great opportunity to be leveraged,”
said Lorrie Foster, Director of Research Working Groups at
The Conference Board and co-author of the report with
management consultant Lynne Morton and Jeri Sedlar. “The
skills and knowledge mature workers possess can be utilized
to great advantage by a company that knows itself well and
can identify its weak areas that can be bolstered by the
right mature workers.”
Staying Around
More older workers want to remain in their jobs for both
personal fulfillment and financial reasons. In a related
forthcoming study from The Conference Board, more than half
(55%) of older employees surveyed said they were not
planning to retire because they find their jobs
interesting. Significantly, 74% also cited not having
sufficient financial resources as a reason they were
continuing to work, and 60% cited the need for medical
benefits.
Boomers also indicate that the historical linear life
plan – where certain years are earmarked for education,
work, and then leisure – is becoming obsolete. Boomers want
to work on terms that are customized to their needs. “New
work arrangements that capitalize on this desired
work/project orientation have to be developed to meet the
needs of the mature worker and the headcount concerns of
the corporation,” said Sedlar. “The need to create a
corporate culture as well as learning institutions
welcoming to all generations is becoming more
apparent.”
The report is based on a “managing mature workers”
working group comprised of executives from a cross-section
of industries, staff and line functions, and job titles. It
includes such major companies as BP America, Ernst &
Young LLP, Ford Motor Company, IBM, JP Morgan Chase, and
Shell International. It’s one of 10 current Research
Working Groups designed by The Conference Board to examine
major issues facing business.