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Guest Nautical
Posted

Is there a legal way to have a participant's life insurance policy reimburse the DB trust in the case of an over payment of a deceased pension participant? Both are provided by the company (two different funding sources).

Posted

Since they are deceased isn't the life insurance paid to estate or beneficiary? The estate or beneficiary would have to return the overpayment to the DB Plan.

JanetM CPA, MBA

Posted

The life insurance policy cannot be attached to reimburse the trust, but the Administrator's errors and omissions policy can.

Posted

I think there are too many details and facts missing. What does the plan say? Most DB plans have life insurance pass through the trust so that the plan admin can control exactly the problem described. How else can you ensure that the QJSA rules are satisfied?

More details please, including what the plan's death benefit section says, and more detail about what exactly caused the problem.

Posted

There seem to be details missing.

If the DB Plan was the beneficiary and they disbursed to the participant's estate, or beneficiary, more than they were supposed to after receiving death proceeds from the insurance companies, then a request should be made to the recipient od the disbursement. But the questions this raises are Why would they disburse before receiving settlement? and How was such an error made if they did not advance disburse?

If however, the insurance companies paid the death benefits etc directly to the beneficiary, then recourse should be to the insurance companies. But that raises the question of how this affects the Plan and why it should care.

But somehow, this seems too simple, and suggests that there must be more to the issue. What did cause the problem?

George D. Burns

Cost Reduction Strategies

Burns and Associates, Inc

www.costreductionstrategies.com(under construction)

www.employeebenefitsstrategies.com(under construction)

Posted

Where did the money go?

- Actual check? Who cashed/deposited it? That is who the Plan should make request of.

- Direct deposit? Who else has access to the account? You get the idea.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted
If however, the insurance companies paid the death benefits etc directly to the beneficiary, then recourse should be to the insurance companies

And/or against the insurance agent who may have filled out the beneficiary information contrary to plan terms. But without more facts, this is all speculation.

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