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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
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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