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The forfeiture provision

Again, litigators are trying to create class action lawsuits against large plans. This time, I think they’re scraping the bottom of the barrel.

The newest wave of cases is dealing with forfeitures and larger companies using forfeiture to reduce employer contributions. Unless these forfeiture provisions are drafted poorly where forfeitures must be used to pay administrative expenses first, I just don’t think the cases will go anywhere.

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