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BenefitsLink Message Boards > Employee Benefits in General > Litigation and Claims
TuckerB
Should lost wages that are being paid pursuant to a settlement and subject to withholding be factored into a pension benefit formula?
J Simmons
I don't think so. Hogan v Petitpren Inc Employees Profit Sharing, 92 FSupp2d 612 (ED Mich 2000)
GBurns
Hogan might not be applicable. The OP did not say if the settlement agreement included or constituted a release or waiver of claims to the benefit or inclusion in the benefit accrual formula etc
vebaguru
You are making the argument for very complete and very explicit plan document language.
GBurns
Isn't that what it is supposed to have ?
And isn't that the usual claim made when denying claims ?
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