Terminating a pension plan is an exhaustive undertaking. And not just a full plan termination, but also a de-risking transaction in which benefits are transferred to an annuity provider or lump sum window program is offered to participants. These are becoming increasingly popular endeavors and, given the potential liability, sponsors and fiduciaries should not rely solely on vendors and consultants to mitigate the risk. Once the termination or de-risking transaction has been completed, the question remains: "Do I still have to worry about this?"
Miller & Chevalier Members Elizabeth F. Drake, Theresa S. Gee and Anthony G. Provenzano presented information about the various areas in which employers are often dragged into litigation after the transaction has been completed and the benefits distributed. They provided practical answers concerning strategies for how employers can get their arms around risk and potential sources of liability and the various limitation periods.