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

Murphy, Hesse, Toomey & Lehane, LLP Partner Prevails in U.S. Court of Appeals for the First Circuit

  Attorney Felicia Vasudevan, a partner at Murphy, Hesse, Toomey & Lehane, LLP, received a favorable decision on behalf of her client, Marshfield Public Schools. The Plaintiff appealed the district court’s judgement that upheld a decision of the Massachusetts Bureau of Special Education Appeals (“BSEA”). However, as the notice was filed more than 30 days after entry, the First Circuit ultimately dismissed the appeal for being untimely. The Plaintiff also appealed the district court’s order, denying her motion to vacate. Read More

Legal Updates

New Features of Public Participation at School Committee Meetings

Following our Alert from March 16, 2023, Civility is Dead – The Supreme Court Rules Municipal Control of Public Speak Limited to Reasonable Time/Place/Manner Restrictions, which discussed the holding to the Supreme Judicial Court’s decision in Barron v. Kolenda and the Town of Southborough (SJC-13284), we promised to bring you more detailed guidance on developing a Public Speak policy for your public body or municipality. The Barron case involved a constitutional challenge to the Town of Southborough’s public comment policy, which attempted to impose a code of civility on members of the public who participated in public comment before public bodies. In Barron, the court interpreted the state constitution to mean that public bodies may request, but not require, that public commentators be respectful and courteous. Instead, a public body may set restrictions on reasonable time, place, and manner comments to ensure that the meeting retains an orderly and peaceable manner.

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

© 2023 Murphy, Hesse, Toomey & Lehane, LLP. All Rights Reserved. Website by Interactive Palette