IRS Issues Proposed Rule re: Tribal Governmental Plans under ERISA

Here:

IRS proposed re tribal govt plans

Federal Court Finds Tribal Pension Plan Fits Within ERISA Governmental Plan Provision

Here are the materials in Stopp v. Mutual of Omaha (E.D. Okla.):

DCT Order Granting Stopp Motion

Stopp Motion for Summary Judgment

Mutual of Omaha Response to Stopp Motion for Summary Judgment

Stopp Response to Mutual of Omaha Motion for Summary Judgment

Looks like the insurance company is the bad guy in this one.

Tenth Circuit Holds that ERISA Applies Retroactively to Indian Tribes

At issue in Dobbs v. Anthem BCBS is whether 2006 Amendments to ERISA that incorporate Indian tribal government retirement plans apply retroactively to the Southern Ute Tribe plan. The CA10 remanded to determine whether Southern Ute’s plan is  a “governmental plan.”

Here are the materials:

Dobbs CA10 Opinion

Dobbs Opening Brief

Anthem Brief

Dobbs Reply Brief

Southern Ute Amicus Brief in Support of Affirmance

District Court Refuses to Dismiss ERISA Claim against Tribal Business

Here are the materials in Vandever v. Osage Nation Enterprises, out of the Northern District of Oklahoma. The court rejected a magistrate report and recommendation to dismiss an ERISA claim against ONE and the Osage Nation, and also rejected a request by the Nation to require the plaintiff to exhaust tribal court remedies.

dct-order-rejecting-magistrate-report

vandever-magistrate-report

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Albers v. Mellegard Inc. — FLSA and ERISA Claims by American Indians

Here, a pair of American Indians who were fired by non-Indian-owned company brought suit under ERISA and FLSA. Most of their claims, except the FLSA claims, were dismissed.

albers-v-mellegard-inc-dct-order