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Guest ooota
Posted

This particular participant left the trade in the late 70s and now seeks to take his disability pension. Is the participant held to the standard of the plan that existed in the late 70s or the standard under the present plan with regard to whether or not he qualifies for the disability pension?

Thank you in advance for your help.

Posted

Based on the court decisions, it depends. I would think that the current provisions rule unless his SPD, enrollment explanation, PD etc at the time of enrollment did not make provision for changes and are not in conflict. If there were no provisions for changes then the standards of the 70s would rule or worse he might have his choice.

George D. Burns

Cost Reduction Strategies

Burns and Associates, Inc

www.costreductionstrategies.com(under construction)

www.employeebenefitsstrategies.com(under construction)

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