News

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.

Latest News

Statutory Regulations Released for Interagency Review of Complex Cases

On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.

Legal Updates

Statutory Regulations Released for Interagency Review of Complex Cases

On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.

Braintree, MA

50 Braintree Hill Office Park, Suite 410,
Braintree, MA 02184

Boston, MA

75-101 Federal Street
Boston, MA 02110

Tel: (617) 479-5000
Tel: (888) 841-4850
Fax: (617) 479-6469

Quincy, MA

Crown Colony Plaza
300 Crown Colony Drive, Suite 410
P.O. Box 9126
Quincy, MA 02169-9126

© 2024 Murphy, Hesse, Toomey & Lehane, LLP. All Rights Reserved. Website by Interactive Palette