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Disclaimers vs. ERISADisclaimers vs. ERISA

In the recent case of Kennedy v. Plan Administrator for DuPont Savings and Investment Plan et al.,1 the U.S. Supreme Court again confirmed its longstanding policy that qualified retirement plans (QRPs) must be administered in accordance with the plan documents (and without regard to extraneous documents or contravening state laws). Though the opinion is encouraging with respect to disclaimers of QRP

Natalie B. Choate, Of Counsel

October 1, 2009

12 Min Read
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Natalie B. Choate

In the recent case of Kennedy v. Plan Administrator for DuPont Savings and Investment Plan et al.,1 the U.S. Supreme Court again confirmed its longstanding policy that qualified retirement plans (QRPs) must be administered in accordance with the plan documents (and without regard to extraneous documents or contravening state laws). Though the opinion is encouraging with respect to disclaimers of QRP benefits, estate planners still must proceed with caution regarding such disclaimers.

Do Disclaimers Violate ERISA?

ERISA, which stands for the Employee Retirement Income Security Act of 1974, refers to the constellation of requirements that apply under the U.S. Code to “employee pension benefit plans” (usually called “retireme...

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About the Author

Natalie B. Choate

Of Counsel

http://www.nutter.com/

Natalie B. Choate is an Of Counsel in the Trusts and Estates Department. Her practice is limited to estate planning for retirement benefits. Her two books, Life and Death Planning for Retirement Benefits and The QPRT Manual, are leading resources for estate planning professionals.

Natalie is the founder and former chair of the Boston Bar Estate Planning Committee; a former chair of the Boston Bar Employee Benefits Committee; and a member and former officer of the Boston Probate and Estate Planning Forum. She is a fellow and former Regent of the American College of Trust and Estate Counsel and former chairman of its Employee Benefits Committee. Named “Estate Planner of the Year” by the Boston Estate Planning Council, Natalie is listed in The Best Lawyers in America. The National Association of Estate Planners and Councils has awarded Natalie the “Distinguished Accredited Estate Planner” designation.

Her articles on estate planning topics have been published in ACTEC Notes, Estate Planning, Trusts and Estates, Tax Practitioners Journal and Tax Management. She is an editorial advisor for Trusts and Estatesmagazine. She writes a web column and “podcast” for MorningstarAdvisor.com

Natalie has taught professional-level courses in estate planning in 49 states, and has spoken at the Heckerling, Notre Dame, Heart of America, New England, Southern California, Mississippi, Tennessee, Washington State and Southern Federal Tax Institutes. Her comments on estate and retirement planning have been quoted in The Wall Street Journal, Money, Newsweek, Kiplinger’s Personal Finance, Forbes, Financial Planning, Financial World and The New York Times.