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Is Your Severance Benefit an ERISA Pension Plan?

September 4th, 2024

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Employers pay severance benefits to terminated employees in a variety of different arrangements. Such benefits can be based on informal company practice, commitments in employment contracts, or benefits provided through a formal policy or written plan. Some of these arrangements are not “plans” for purposes of ERISA, the federal pension law. For example, a payroll […]


New Rules on Retirement Plan Duty to Recover Benefit Overpayments

April 25th, 2023

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The Secure Act 2.0 deals with many benefit-related matters including changes to the prior law which generally required retirement plan fiduciaries to take reasonable action to recover any overpayment of plan benefits – even if the overpayment resulted from mistakes made by administrators of the plan. Such action would require efforts to recover benefit overpayments […]


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