Shared Materials Library

This appeal was filed because our client, who had been receiving survivor's benefits for 23 years, was notified by the plan that a recent review determined that her late husband had never been vested and her benefits were being stopped. We challenged the plan's determination and lack of evidence to reverse previous decision. The plan reinststed her benefit.

Successful claim for benefits seeking waiver of recoupment based on IRS Revenue Procedure 2013-12 and 2 DOL Advisory Opinions regarding when a recoupment action is or is not prudent and/or reasonable. Letter also discusses hardship and plan's breach of fiduciary duty.

To help PCIP staff obtain important demographic information, PRC has created this sample intake questionnaire that can be sent to clients along with engagement forms.

This is a sample letter to be sent to the PBGC when a client has been omitted from a standard termination. The letter needs to argue and provide proof that: the client was vested; the client did not receive lump sum distribution at time of termination; and that no annuity was purchased for the payment of client's future benefits. If all this is satisfactoriy proven, the PBGC should pay the benefit, which it guarantees.

We filed this claim a few months ago on behalf of a client who was employedby the plan sponsor, but not yet vested, on the date of the standard termination of the plan. We argued that under I.R.C. 411(d)(3), she should have become fully vested in the portion of the benefit accrued at the date of termination. Haven't gotten a response yet, but thought this letter might be useful to others.

2014 National Training - SCPRP Case Sharing by Roger Curme - TMRS Municipal Pension Overpayment Case

2014 National Training: WSPAP Presentation: A Tale of Contiguous noncovered service (SEIU Case Involving a Vesting Dispute)

2014 National Training, Case Sharing by Jeanne Medeiros, NEPAP Successful Appeal to PBGC re Participant Coverage

2014 National Training - Presentation by Kate Sylvester, Tips on Effective Writing (32 pages)

2014 National Training - Nuts & Bolts discussion and recommendations on calculating PCIP recoveries, includes memo on recoveries and suggested guidelines for recoveries.