Guest TuckerB Posted February 13, 2009 Posted February 13, 2009 Should lost wages that are being paid pursuant to a settlement and subject to withholding be factored into a pension benefit formula?
J Simmons Posted February 14, 2009 Posted February 14, 2009 I don't think so. Hogan v Petitpren Inc Employees Profit Sharing, 92 FSupp2d 612 (ED Mich 2000) John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.
GBurns Posted February 14, 2009 Posted February 14, 2009 Hogan might not be applicable. The OP did not say if the settlement agreement included or constituted a release or waiver of claims to the benefit or inclusion in the benefit accrual formula etc George D. Burns Cost Reduction Strategies Burns and Associates, Inc www.costreductionstrategies.com(under construction) www.employeebenefitsstrategies.com(under construction)
Ron Snyder Posted February 14, 2009 Posted February 14, 2009 You are making the argument for very complete and very explicit plan document language.
GBurns Posted February 15, 2009 Posted February 15, 2009 Isn't that what it is supposed to have ? And isn't that the usual claim made when denying claims ? George D. Burns Cost Reduction Strategies Burns and Associates, Inc www.costreductionstrategies.com(under construction) www.employeebenefitsstrategies.com(under construction)
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