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- Title
RECOUPMENT OF PENSION OVERPAYMENTS: EQUITABLE LIENS AND MEANINGFUL REFORM AFTER MONTANILE.
- Authors
Medeiros, Jeanne; Hylton, Maria O'Brien
- Abstract
The article focuses on the recoupment actions for the U.S. Employee Retirement Income Security Act of 1974 (ERISA) and equitable principles bar recovery. Topics discussed include fiduciary breach cannot be rectified by placing the entire burden of compensating the plan with victims of gross negligence, decision of Supreme Court in the case Montanile v. Board of Trustees of the National Elevator Industry Health Plan and order to enforce an equitable lien.
- Subjects
EMPLOYEE Retirement Income Security Act of 1974; BREACH of fiduciary responsibility; NEGLIGENCE; MONTANILE v. Board of Trustees of the National Elevator Industry Health Benefit Plan (Supreme Court case); LIENS
- Publication
Kansas Journal of Law & Public Policy, 2017, Vol 26, Issue 2, p195
- ISSN
1055-8942
- Publication type
Article