Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
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Pension Plan Administration and Court Deference to the IRS: The 'Church Plan' Cases as a Case Study on the Significance of Agency Deference to Plan Administration (PDF)
Proskauer Rose LLP Apr. 16, 2015
"Uniformity and predictability are critical protections that ERISA affords plan sponsors, and these goals have been used to justify important aspects of ERISA, such as the need for judicial deference to plan administrators.... Yet, as the recent rulings in the 'church plan' cases aptly illustrate, federal judges have sometimes become quick to second-guess the IRS and to develop their own unique pension rules, even when these new rules are a 'marked departure from past practice.' ... [T]his lack of judicial deference can, unfortunately, create balkanized and unexpected legal rules, defeating some of the very protections ERISA is supposed to provide plan sponsors."
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