Pensions Law Legal Research

Pensions

National Legal Research Group's work in the pensions field generally is categorized in two major areas: the common law and ERISA (Employees' Retirement and Income Security Act of 1974).

COMMON LAW

The major portion of NLRG's research under the common law has focused on the interpretation and construction of the retirement plan agreement.  Typical problem areas handled by NLRG include:

• Period of credited service
• Restrictions as to future employment
• Effect of changes in the plan (retroactivity)
• Options a to type of distribution (lump sum vs. installment pay-out)
• The identification of beneficiaries (such as where the beneficiary designated to receive payments upon the retiree's death is identified as "wife" and the retiree was divorced and remarried)
• The attempted change of beneficiaries.
  
  

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ERISA

Although many questions that arise under the Act cannot as yet be answered definitively, NLRG has built up a good deal of experience in basic areas affected by ERISA such as coverage, vesting, and discrimination.  Additionally, NLRG has assisted with the following areas:

• Prohibited transactions carried out by plan fiduciaries
• Liability of plan fiduciaries for imprudent investments and other violations
• Pension Benefit Guaranty Corporation established to protect vested benefits from the threat of financial difficulties.

Testimonials

MEET OUR TOP Pension law LEGAL RESEARCH ATTORNEYs

Senior Research Attorney James Witt

B.A., Hamilton College, 1964.  J.D., University of Connecticut Law School, 1968. L.L.M., Tax, George Washington University, 1971.  Member, D.C. Bar.  Prior to joining NLRG in 1974, Jim was in private practice in the District of Columbia.  He specializes in Tax Law and Estates, Trusts, and Wills.  He has worked on numerous cases involving federal estate tax includability issues, contracts to make wills, resulting and constructive trusts, and the cy pres doctrine. 
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Senior Research Attorney Brad Pettit

B.A., Denison University, 1982.  M.B.A., University of Pittsburgh, 1984.  J.D., University of Pittsburgh, 1986.  Member, Florida Bar. With NLRG, Brad has concentrated on Tax (income, estate, gift, sales and use, estate planning) and Property (real and personal).  As a member of the Business Law Team, he has handled cases involving contracts, commercial law (including U.C.C.), and corporate law.  He has prepared numerous court-ready trial and appellate briefs to federal and state courts, legal memoranda, pleadings, wills, and trusts.  In addition to his bar membership, Brad is a member of the Central Virginia Estate Planning Council. 
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Senior Research Attorney Matthew McDavitt

B.A., University of Virginia, 1993. J.D., University of Virginia, 2006, where he was a member of the Virginia Environmental Law Forum and was a Public Interest Law Association Grant Winner. Matthew specializes in Wills, Trusts and Estates, Pensions, and Environmental Law.  Recent projects have included drafting pleadings and objective memoranda regarding:  (1) the assertion of maritime liens for unpaid  boat repairs, (2) the enforcement of state and federal clean water laws, (3) analysis of how Superfund and inheritance laws intersect regarding devises of contaminated lands, (4) the law of will contests from both the proponent’s and contestant’s perspective, (5) the application of the Slayer’s Rule in several different jurisdictions, and (6) the imposition constructive trusts and purchase money resulting trusts, to combat fraud. Read Full Bio