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In accepting an early retirement package from his employer, Eddy could not work as a hotel/restaurant worker. He took a job as a supervisor at

In accepting an early retirement package from his employer, Eddy could not work as a hotel/restaurant worker. He took a job as a supervisor at a local restaurant. Eddy continued to receive full benefits from his previous employer for two years when he was informed that the pension plan had changed and that his benefits would be terminated because he was working in the hotel/restaurant industry. Apply the legal criteria of ERISA to the scenario and analyze what, if any, legal recourse is available to Eddy. Identify the potential legal claim and assess the likelihood of prevailing in conjunction with the potential employer liability.


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To collect the amount due the plan fiduciary decides to sue the employee but ERISA itself proscribes the available claims For example the fiduciary may not assert an equitybased restitution claim unde... blur-text-image

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