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Suing to Recover Benefit Overpayments? It May Not Be So Easy
Osler, Hoskin & Harcourt LLPLink to more items from this source
Sept. 1, 2015

"As plan audits have uncovered more and more payment errors, many plans have acted as if no time limits or other restrictions applied to their repayment demands.... [P]lan fiduciaries can consider the following steps to improve their chances of prevailing in these suits: [1] Make sure that plans have specific provisions for recouping overpayments. [2] Give the payee the opportunity to argue that the payment is correct under ERISA's claims and appeals procedures.... [3] Do self-audits regularly and if a lawsuit seems necessary, file it promptly. [4] Pay attention when retirees call to question whether they are receiving the right payments." [Pharmacia Corp. Supp. Pension Plan v. Weldon, No. 4:14CV1498 (E.D. Mo. Aug. 24, 2015)]

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