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The ERISA Litigation Practice
Kubasiak, Fylstra, Thorpe & Rotunno, P.C. represents clients in a variety of disputes covered by the Employee Retirement Income Security Act (ERISA). These have included matters dealing with the interpretation of plan documents, the measurement of plan benefits, the conversion of benefits to a "lump sum," the determination of who is the proper plan beneficiary and claims against a plan by the Internal Revenue Service (IRS) and U.S. Department of Labor. Also, the firm has dealt with cases contesting the types of compensation included in the calculation of the benefits of an individual under a plan as well as the issue of deference given to the decision of the plan administrator in ruling on benefits issues. In addition, the firm has litigated extensively the issue of the "partial termination" of a plan. As the result of one case, the IRS issued a revenue ruling adopting the position advocated by the firm. The ability of the firm to deal with disputes in this area is complemented by its transactional skills in developing benefit plans and providing advice to companies in administering such plans.
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