Loan & Distribution Specialist AimPoint Pension
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Compass
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Regional Vice President of Sales The Retirement Plan Company
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Bates & Company, Inc.
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AimPoint Pension
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Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
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Health Plan Can't Seek Reimbursement from Injured Participant's Attorney
Bloomberg BNA July 7, 2015
"After plan participant Carolyn Avera obtained a $50,000 settlement for her injuries, the health plan filed suit against Avera, her attorneys and the other driver involved in the accident, seeking to recoup the benefits it paid out on Avera's behalf.... The lawyers argued that they couldn't be liable to the health plan under [ERISA] because they weren't a party to the plan in question. The judge agreed ... The judge also rejected the health plan's attempt to bring state law conversion and tortious interference claims against the attorneys, finding that they failed under North Carolina law. However, the judge allowed the health plan to bring an ERISA-based subrogation claim against Avera based on language allegedly contained in the plan document."
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