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Recovering Pension Overpayments May Get Even Harder
Osler, Hoskin & Harcourt LLP
Nov. 4, 2015 "Plan fiduciaries have become more aggressive in their attempts to recover mistaken overpayments to retirees. The plan may elect to recoup the overpayments by reducing future pension payments, but what if the participant received a lump sum or the recoupment method will not work, for example, because the retiree is elderly and the value of the future payments is not large, or because the payee wasn't really entitled to any vested pension? ... Recent actions by the U.S. Supreme Court may make it even more difficult to prevail in a lawsuit to recover pension overpayments." MORE >> |
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