News & Analysis as of

Pensions Overpayment

Hogan Lovells

Overpayments: lessons from the Ombudsman

Hogan Lovells on

Recovering overpayments of benefits is a challenge often faced by pension trustees.  Pension scheme benefits are complex and it is no surprise that mistakes can arise and lead to members being paid more than they are entitled...more

Bradley Arant Boult Cummings LLP

SECURE 2.0: Changes Affecting Defined Benefit Pension Plans

Enacted last December as part of omnibus appropriations legislation, the “Securing a Strong Retirement Act of 2022” (SECURE 2.0) includes a number of provisions that have an impact on retirement plan administration, effective...more

Proskauer - Employee Benefits & Executive...

District Court Rejects Participant’s Attempt to Stop Plan From Recouping Overpayments

In Kanefsky v. Ford Motor Co. Gen. Ret. Plan, No. 22-cv-2259, 10548 U.S. Dist. 2023 WL 186800 (E.D. Mich. Jan. 13, 2023), the court granted a motion to dismiss a pension plan participant’s claim that the plan was equitably...more

Best Best & Krieger LLP

CalPERS Employers Dodge A Bullet - SB 1124 Would Have Imposed Statutory Liability For Errors In Calpers Reporting

Gov. Jerry Brown vetoed legislation that would have imposed significant liability on CalPERS employers for errors in their CalPERS reporting which result in post-retirement pension reductions....more

Proskauer - Employee Benefits & Executive...

Pension Consultant Found Not to be an ERISA Fiduciary

The Tenth Circuit held that a pension plan consultant, who misstated the amount of monthly pension payments that a pension plan participant would receive in retirement, was not a fiduciary under ERISA. Plaintiffs Trent...more

Proskauer Rose LLP

The ERISA Litigation Newsletter

Proskauer Rose LLP on

Editor's Overview - This month's newsletter focuses on repayment of pension plan overpayments. Our issue discusses pension plan overpayments to participants, a plan administrator's duties to seek repayment, corrections...more

Proskauer - Employee Benefits & Executive...

Righting a Wrong: The “Claim of Right” Doctrine and Other Tax Considerations for the Repayment of Pension Plan Overpayments

Pension plan overpayments to participants and their beneficiaries are an all-too-common occurrence. When overpayments occur, a plan administrator’s duties are fairly clear. Typically, the plan administrator must seek...more

Proskauer - Employee Benefits & Executive...

Court Rejects Plaintiff’s Attempt to Prevent Plan from Recouping $250,000 Overpayment

A federal district court in the Northern District of California dismissed an equitable estoppel claim brought by a pension-plan participant seeking to prevent the plan from recouping an overpayment. See Groves v. Kaiser...more

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