Shared Materials Library

Letter I used to appeal plan's decision to suspend my client's benefit b/c he was engaged in prohibited employment. Mostly based on Anti-Cutback rule.

Client had worked for employer sposoring plan until she was 71. NRA was 65. Plan could not show that it had sent client the Notice of Benefit suspension required by Section 203 of ERISA. We argued that client entitled to actuarial adjustment of benefit amount from NRA to her actual benefit commencement date.

Plan denied cleim for survivor's benefits saying client's late husband was not vested. Plan found, with virtually no evidentiary basis, that client's husband had worked for a covered employer, but outside of the plan's jurisdiction for a period of time. Wea argued that he had actaulyy worked in the jurisdiction, but even if the plan found the work to be otside, it was still to be counted for vesting purposes as "contiguous noncovered service"

We filed a claim for survivor benefits, arguing that the client's consent was defective, as the plan had not clearly informed her of the significance of her signature on the benefit election forms. Plan agreed to pay her the survivor benefit, but stated it would first recover the amounts it had "overpaid" to her late husband because he received his benefit as a single-life annuity for many years. This appeal challenges the legality of the plan's effort to recover the amount paid to the late husband through reduction in the surviving spouse's benefit.

Plan informed us that client's late husband had received his benefit as a single-life benefit and therfore no survivor's benefit was payable. Upon obtaining the election forms, we argued that the waiver was ineffective as the forms were confusing and misleading, and client had not been notitfied in clear language about the effect of her consent.

A sample Limited Power of Attorney form when required for release of information and authority to represent, typically required by Hewitt & Ass.

Standard Release Form for Iowa

UMPRP Appeal Letter to Pension Plan re Delay in Payments due to the fact that no QDRO had been filed (2012 National Training Case Sharing)

UMPRP Appeal Letter to PBGC re Survivor Benefit Offset (2012 National Training Case Sharing Material)

2011 National Training - Case Sharing Materials presented by Mid America Project in Recoupment Case involving actuarial dispute