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1st Circuit Panel Affirms Plan Participant’s Untimely Death Prevents Payment To Children

Mealey's (September 16, 2016, 1:29 PM EDT) -- BOSTON — A First Circuit U.S. Court of Appeals panel on Sept. 13 affirmed that an Employee Retirement Income Security Act plan participant’s beneficiaries were not entitled to a guaranteed single-life annuity because he died before the beginning of the annuity payments (Brian O’Shea, et al. v. UPS Retirement Plan, et al., No. 15-1923, 1st Cir.; 2016 U.S. App. LEXIS 16734).

(Opinion available. Document #54-161012-001Z.)

Calling it a “heartbreaking outcome,” the panel said the case brought by the children of Brian O’Shea “presents the highly sympathetic...
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