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Showing content with the highest reputation on 12/05/2018 in Posts

  1. Since the Plan provides no further explanation of the meaning of "returns to employment with the Employer," it is the Plan Administrator's responsibility to interpret the meaning of the phrase as applied to these facts. The PA should document its reasons for interpreting the Plan document one way or the other and then apply this provision consistently going forward. That said, I agree with the other comments here that the participant will not have returned to employment until they show up for work. Until that day, the participant and the employer both presumably have the power to change their mind (at-will employment). In addition, and I base this on my recollection of the ERISA Committee report, pension payments are meant to be a replacement for wage payments. Therefore, until the day the participant is returned to the payroll, it is justifiable to make pension payment since it will be paid for its intended purpose.
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