More on Pension Plan Overpayments

Retirees faced with demands for repayment of overpayments should consult competent legal counsel, or at the very least, file an appeal with the plan administrator and request all documents that the plan administrator reviewed in reaching its decision. The ERISA claims procedures are very clear: the plan administrator must provide the claimant with all documentation relevant to the claim. This would include at a minimum, the plan document and the documents the plan administrator used to calculate the overpayment. To the extent that the plan administrator based its decision on a review of merger transaction documents, those documents may be relevant as well. In short, by taking advantage of ERISA’s claims procedures, retirees may be able to obtain the documentation necessary to prove that there was no overpayment.