MHTL Partner Speaks on Forfeiture of Pension Benefits and Permissible Limitations on Post Retirement Employment at IF’s San Francisco
Katherine A. Hesse, a partner with Murphy, Hesse, Toomey & Lehane, LLP, and Chair of the International Foundation of Employee Benefit Plans’ Government Liaison Committee recently presented the legal perspective on suspension/forfeiture of pension benefits because of post-retirement employment at the IFEBP’s Advanced Trustees and Administrators Institute at the Hilton San Francisco Union Square. Joining Ms. Hesse on the practical aspects of discovering and administering such restrictions were Todd G. Helfrich, president and chief executive officer of the Eastern Contractors Association, Inc., and Joseph F. Ohm, fund administrator for the Plumbers’ and Technical Engineers’ Local 130 Benefit Funds. Other nationally prominent attorneys, accountants, actuaries and administrator also presented on a variety of topics related to health and pension plans.
Ms. Hesse discussed the background and scope of the U.S. Department of Labor regulations, pointing out the differences in the rules for multiemployer and other types of retirement plans. She emphasized that although plan sponsors typically focus on forfeitures because of post-retirement employment, that service under the regulations includes employment not just after payment of benefits begins but also if payment would have begun had the participant not remained in employment. She highlighted the regulatory focus during retirement plan audits on continued employment after normal retirement age and the importance of timely notice to those whose benefits will not be actuarially recalculated.
Ms. Hesse also introduced and served as a moderator for the legislative update on retirement issues, which covered topics including the future of the PBGC, proposed legislation, and electronic disclosure.
The International Foundation of Employee Benefit Plans is a nonprofit organization dedicated to providing solution-oriented education, research and information about employee benefits to single, multiemployer and public employee benefit plans across the United States and Canada.
Murphy, Hesse, Toomey & Lehane, LLP, Partner Katherine Hesse gave a plenary presentation on Recent Developments in ERISA on Friday September 16 to members of the Group Legal Services Association (“GLSA”) at its annual meeting in New Orleans. Among the topics she emphasized were what employers/plan sponsors need to know in the aftermath of the Dobbs decision overturning Roe v. Wade and lessons from the Court’s decision in Hughes and other class action litigation as to factors to consider Read More
On August 12, 2022, Governor Charlie Baker signed S. 3096, “An act relative to equity in the cannabis industry,” (“Act”) into law. The Act reforms Massachusetts’s existing marijuana laws, particularly with respect to host community agreements (“HCAs”), community impact fees (“CIFs”), and social consumption sites (e.g. marijuana cafes). The Act empowers the Cannabis Control Commission (“Commission”), the state regulatory agency, to exert greater control over HCAs and their CIFs. Municipalities levy CIFs on cannabis businesses to account for the costs they impose on the municipality as a result of their operations. Additionally, the Act allows municipalities to permit on-premises social consumption of marijuana at designated sites. Other notable provisions of the Act include the new Social Equity Trust Fund (“Trust Fund”), changes to the tax law regarding cannabis businesses, and various provisions concerning those persons and communities most impacted by the prior illegality of marijuana usage and sale. Governor Baker vetoed only one section of the final bill: the provision calling on the state to conduct a study of medical marijuana usage in schools.