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ARTICLE · 16 JULY 2018

[Podcast]: Fixing Retirement Plan Overpayments

Proskauer Rose LLP
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In this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer's Employee Benefits & Executive Compensation Group, and associate Katrina McCann ...

United StatesEmployment and HR

In this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer's Employee Benefits & Executive Compensation Group, and associate Katrina McCann discuss how to fix retirement plan overpayments, based on (1) the type of plan (i.e., defined contribution or defined benefit plan), (2) whether the overpayment was with respect to a lump sum or ongoing payments, (3) the type of overpayment (whether it was to the wrong person or paid at the wrong time), and (4) who caused the overpayment. They discuss the requirements, the decisions involved, and certain ERISA and taxation issues that can arise when addressing these overpayments.

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Katrina McCann: Hello, welcome to the Proskauer Benefits Brief: Legal Insights on Employee Benefits and Executive Compensation. I'm Katrina McCann, I'm an associate in the New York office and on today's episode I am joined by Paul Hamburger a partner in our DC office and we're going to talk about how

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