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Fourth Circuit Finds Elimination of Early Retirement Subsidy Barred Under Plan's Definition of Accrued Benefit
Wolters Kluwer Law & Business / CCH Link to more items from this source
June 15, 2012

"The appellate court determined the plain, unambiguous language of the plan included the supplement in its definition of 'accrued benefit.' Thus, the benefits committee abused its discretion when it denied the benefits. The court cautions that its holding is based on the specific language of the employer's plan. Stand-alone, ancillary welfare benefits generally are not independently protected by ERISA. However, the drafters of a retirement plan may choose to define any benefits as accrued or vested, and thereby trigger ERISA's protections." [Savani v. Washington Safety Management Solutions, Inc., f/k/a Westinghouse Safety Management Solutions, LLC (4th Cir.)]  MORE >>

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