Disclaimers vs. ERISA

In the recent case of Kennedy v. Plan Administrator for DuPont Savings and Investment Plan et al.,1 the U.S. Supreme Court again confirmed its longstanding policy that qualified retirement plans (QRPs) must be administered in accordance with the plan documents (and without regard to extraneous documents or contravening state laws). Though the opinion is encouraging with respect to disclaimers of QRP

In the recent case of Kennedy v. Plan Administrator for DuPont Savings and Investment Plan et al.,1 the U.S. Supreme Court again confirmed its longstanding policy that qualified retirement plans (QRPs) must be administered in accordance with the plan documents (and without regard to extraneous documents or contravening state laws). Though the opinion is encouraging with respect to disclaimers of QRP benefits, estate planners still must proceed with caution regarding such disclaimers.

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