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SCOTUS Revisits ERISA Reimbursement
DeBofsky & Associates, via Employee Benefits Committee Newsletter, ABA Section of Labor and Employment LawLink to more items from this source
Dec. 22, 2015
"One of the more interesting developments during the oral argument was the plan's concession that disability and pension plans would not be affected by the rule it is advocating. Katyal explained that Social Security disability benefits are protected from garnishment under Section 207 of the Social Security Act ... He added that pension plan participants who receive an overpayment often don't know that they are overspending until after the fact; thus, they lack the requisite knowledge. That concession is significant because several of the circuit court cases involved in the circuit split, for which certiorari was granted, are disability cases." [Bd. of Trustees of the National Elevator Industry Health Benefit Plan v. Montanile, No. 14-11678 (11th Cir. Nov. 25, 2014; oral arg. Nov. 9, 2015)]

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